HomeMy WebLinkAboutStaff Report_MinutesSeptember 14, 2006
ITEM NO.: 14 FILE NO.: LU06-02-04
Name: Land Use Plan Amendment - Rodney Parham Planning District
Location: 302 N. Shackleford Road
Request: Single Family to Community Shopping
Source: Lynda Bowers, A Cut Above LLC
PROPOSAL/REQUEST:
Land Use Plan amendment in the Rodney Parham Planning District from Single Family
to Community Shopping. Community Shopping provides for a shopping center
development with one or more general merchandise stores. The applicant is applying
for a PCD with C2 usage for a possible delicatessen.
Prompted by this Land Use Amendment request, the Planning Staff expanded the area
of review to include the area between Markham Street and Shackleford Drive west of
Shackleford Road. It will also expand to include the adjacent veterinary clinic and
school. It is thought that the additional adjacent area would make the boundaries more
logical while the change to the south is to better reflect the existing and likely future
development and zoning of that area.
EXISTING LAND USE AND ZONING:
The northern portion of the application area is currently zoned 03 General Office and is
1.3 acres t in size. The property to the west of the site is zoned R2 Single Family. The
area to the east (the Kroger shopping complex) is zoned C3 General Commercial. The
property immediately north of this site is zoned C1 Neighborhood Commercial. To the
immediate south of this area is zoned R2 Single Family. The extended application area
is approximately 12 acres in size and is zoned C3 General Commercial. To the south,
east and west of this area is more C3 or C4 Commercial land with the exception of an
area zoned R2 Single Family for a nursing home on the south side of Markham.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS_
The site is currently planned for Single Family development. The Single Family
continues to the west of the immediate area. The east side of N. Shackleford is the
Kroger shopping center, and it is planned Community Shopping. The land immediately
south of the property is planned for Single Family, but further south it is planned for
Office. While some of the uses are office, there are also several restaurants on that
portion of Shackleford. To the north of this site is Public Institutional for Terry
Elementary School. The expanded application site to the south is planned for Office.
This site is surrounded on three sides by Commercial or Community Shopping.
May 6, 2003 the area to the northeast of this site was amended for the development of
a large church. Ordinance 18861 changed that area from Single Family to Public
Institutional. This ordinance also changed a portion off of Mara Lynn from Multi Family
to Low Density Residential and a portion on the south side of Mara Lynn from Single
Family and Low Density Residential to Multi Family.
July 17, 2001, an area approximately a third of a mile to the southwest of this site was
changed from Single Family and Commercial to Park and Open Space as part of a large
scale amendment to recognize existing parks and open spaces.
MASTER STREET PLAN:
North Shackleford Road is shown as a Collector on the plan. The primary function of a
Collector Street is to provide a connection from Local Streets to Arterials. These streets
may require dedication of right-of-way and may require street improvements.
BICYCLE PLAN:
Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the
development.
PARKS:
According to the Master Parks Plan, this area is within an eight -block radius of a park.
This location is about half a mile from Birchwood Park. It is also within three blocks of
Terry Elementary School.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The Walnut Valley Neighborhood Action Plan covers this location. The Community
Redevelopment Goal states the need to "maintain and reinvigorate existing retail areas
to provide active retail for local residents."
ANALYSIS:
This application has two parts: a northern portion that includes the current A Cut Above
Building on Shackleford Road and a southern portion including the restaurants and
other commercial sites on Shackleford Drive. The northern portion of the application
area is currently planned for Single Family use. An area is zoned office with office and
business uses is located on the site requesting a change. The Site currently has
commercial uses as accessory and conditional use. However, the change would also
decrease the amount of Single Family planned area in the area. Currently Shackleford
Road provides the line for Commercial Land Use. There is a single-family
neighborhood west of Shackleford Road with a large commercial shopping center to the
east. The requested change would move the Commercial use area further to the west
and into the area shown for the neighborhood.
A large block of Community Shopping already exists to the east of this area with the
large Kroger strip center. This center is a mix of commercial uses with a few office uses
included. Generally, the center is fully leased, as is the rest of the general area. A
change to Community Shopping on the west side of Shackleford could allow for the site
to be rezoned without a Planned Zoned Development (PZD). Straight rezoning might
allow a use for the area that would not be compatible with the adjacent residential area.
Other land use categories would require a PZD, such as Mixed Use. A PZD might
better protect the area's residents because of the careful evaluation of heights, sounds,
hours of operations, etc. This amendment would allow commercial uses to cross
Shackleford and be adjacent to single-family homes. Normally, a transition between
such different uses is preferred.
Staff expanded this application to include the area surrounded by Shackleford Drive,
Shackleford Road and Markham Street. The expansion area is currently shown as
Office on the Land Use Plan. The application area is zoned C3 General Commercial for
the multiple restaurants, a hotel and a furniture store. The expansion would only serve
to update the plan to reflect the current commercial uses. The resulting land use
pattern would show Community Shopping on the north side of Markham Street from
Bowman Road to Interstate 430. The expansion area would be buffered from the Single
Family area to the north by an existing Office area in which the primary uses are office.
This same area has just been studied in November 2005. The previous application was
for this same area, but it also included a house on the north side of Beverly Hills. The
application was denied. The current application area is limited to the current business
area with land currently used for homes not included. Allowing Community Shopping to
cross Shackleford Road could lead to additional pressures to convert the existing
homes to the west. This is a small neighborhood of homes with only a limited number
of homes. The change would also result in lining Shackleford Road with Community
Shopping on both sides of the road, which could result in the negatives the City wishes
to prevent by not allowing 'strip commercialization' of roads. The current zoning is office
not commercial, so the current primary use should be office. This amendment would
alter that.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Beverly Hills Property
Owners Association. The Planning staff received two calls from property owners in the
expanded area. Neither owner had any objections.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate.
September 14, 2006
SUBDIVISION
ITEM NO.: 14 FILE NO.: LU06-02-04
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Beverly Hills Property Owners
Association. The Planning staff received two calls from property owners in the expanded
area. Neither owner had any objections.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate.
PLANNING COMMISSION ACTION: (September 14, 2006)
Walter Malone, Planning Staff reviewed the use pattern and Land Use Plan in the general
area. While Staff agreed that the existing site was non-residential, Staff does not wish to
have Commercial use cross Shackleford Road. This is an establish neighborhood and Staff
is opposed to moving Commercial across the street and adjacent to the homes. Ms. James
presented the Planned Zoning District application (see item 14.1 for a full minute record of
the combined items). Mr. L. D. Vance in his presentation made clear that this site has never
been anything other than non-residential, either office or commercial for over 20 years.
After discussion of both items a motion was made to approve the Land Use Plan
Amendment. By a vote of 0 for, 10 against, the amendment failed.
C!