HomeMy WebLinkAboutminutes - deniedSeptember 28, 2000
ITEM NO.: 3.1 FILE NO.: LU00-19-02
Name: Land Use Plan Amendment - Chenal Planning District
Location: 13000 Chenal Parkway
Request: Multi -Family to Commercial
Source: Max Davis
PROPOSAL / REQUEST:
Land Use Plan amendment in the Chenal Planning District from
Multi -Family to Commercial. The Commercial category includes
a broad range of retail and wholesale sales of products,
personal and professional services, and general business
activities. Commercial activities vary in type and scale,
depending on the trade area they serve. The applicant
wishes to develop the property for retail uses.
Staff is not expanding the application since the land Use
Plan in this area was reviewed less than two years ago.
EXISTING LAND USE AND ZONING:
The property is currently zoned 0-3 General Office and is
approximately 3.22+ acres in size. The property to the
north is the floodway for Rock Creek and is zoned R-2 Single
Family. To the east is a retail business in a Planned
Commercial Development zone. To the south is retail and
automobile sales businesses located in a C-3 General
Commercial zone. To the west is an apartment complex on
land zoned R-5 Urban Residence.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On December 15, 2000 a change took place from Single Family
to Low Density Residential on the west side of Gamble Road
south of Kanis Road about 1 mile south of the applicant's
property.
On March 21 1999 multiple changes took place along Kanis
Road about 1 mile south of the applicant's property.
On April 6, 1999 a change took place from Single Family to
Public Institutional on the west side of Kirby Road at Kings
Point about 1 mile west of the applicant's property.
On December 15, 1998 a change to place from Multi -Family to
Suburban Office on Kanis Road at Point West about 1 mile
September 28, 2000
ITEM NO.: 3.1 (Cont.) FILE NO.: LU00-19-02
south of the applicant's property.
On December 15, 1998 a change to place from Single Family to
Public Institutional on the south side of Chenal Parkway at
Pride Valley Drive about 1 mile west of the applicant's
property.
On May 20, 1997 a change took place from Office to
Commercial on the north side of Chenal Parkway east of
Bowman Road about :h of a mile southeast of the applicant's
property.
The applicant's property is shown as Multi -Family on the
Future Land Use Plan. The property to the north is shown as
Park/Open Space. The property east of Gamble Road, as well
as the properties south of Chenal Parkway, are all shown as
Commercial. The neighboring property to the west is shown
as Multi -Family.
MASTER STREET PLAN:
Chenal Parkway is shown as a Principal Arterial on the
Master Street Plan. The section of Gamble Road next to the
applicant's property is shown on the Master Street Plan as a
residential street. A Class I bikeway is shown on Chenal
Parkway connecting Bowman Road to State Highway 10. The
Master Street Plan also states that Class I bikeways built
as part of an arterial will require an additional 10 feet of
right-of-way (5 foot each side for one-way path) or an
easement in which the path is placed. The required sidewalk
along these streets can be incorporated into the bike path.
The result would be a 9 -foot wide path on each side of the
road. A four -foot section of the path should be marked for
pedestrian use.
PARKS:
The Park System Master Plan shows existing Park Land north
of the applicant's property inside the Park/Open Space strip
running along Rock Creek. The existing parkland to is along
the floodway of Rock Creek. Any further development of this
site should address negative impacts on the floodway and
ecological balance of the natural area. With the build out
of this site, access points to the park area will be
limited.
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September 28, 2000
ITEM NO.: 3.1 (Cont.) FILE NO.: LU00-19-02
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The applicant's property lies in the area covered by the
Rock Creek Neighborhood Action Plan. The Office and
Commercial Development goal listed three objectives relevant
to this case. The first objective is promotion of
commercial development to meet the needs of neighborhood
residents. The second objective is maintaining as much as
possible the existing topography, trees, and green space.
The third objective is enhancing the primarily residential
character of the community. The plan also states,
"Aggressively use Planned Zoning Districts to influence more
neighborhood -friendly and better quality developments."
ANALYSIS:
The applicant's property is an established office use
occupied by a clinic located across the street from intense
commercial uses. On the north side of Chenal Parkway, the
applicant's property is located in an area that transitions
from intense Commercial to the east and less intense Multi -
Family to the west. A little further to the west is an open
area where Rock Creek crosses the west bound lanes of Chenal
Parkway from the median to the Park/Open Space area to the
north of the applicant's property. Currently, there is a
step-down from Commercial to Office to Multifamily which
functions well as a transition from more to less intense
uses. Historically, Gamble Road served as a dividing line
between the commercial and residential uses in this area.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood
associations: Gibraltar/Pt. West/Timber Ridge, Parkway Place
P.O.A., Aberdeen Court P.O.A., Bayonne Place P.O.A.,
Carriage Creek P.O.A., Eagle Pointe P.O.A., Glen Eagles
P.O.A., Hillsborough P.O.A., Hunters Cove P.O.A., Hunters
Green P.O.A., Johnson Ranch N.A., Marlowe Manor P.O.A., and
St Charles P.O.A. Staff has received no comments from area
residents.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate. The current
use is a link in a reasonable pattern of transition from the
M
September 28, 2000
ITEM NO.: 3.1 (Cont.) FILE NO.: LU00-19-02
intense commercial uses to the east and the less intense
residential uses to the west. Staff would support a change
in the Land Use Plan to Office to recognize the current use.
PLANNING COMMISSION ACTION: (SEPTEMBER 28, 2000)
Brian Minyard, City Staff, made a brief presentation to the
commission. Dana Carney made a presentation of item 3 so
the discussion could coincide with the discussion for item
3.1. See item 3 for a complete discussion concerning the
zoning change request from 0-3 General Office to C-3 General
Commercial.
Planning Commission Chair Adcock, gave the warning that
there were only eight Commissioners present and that the
item needed 6 affirmative votes to pass and gave the
applicant the opportunity to defer the item to the November
9, 2000 Planning Commission Meeting. The applicant refused
deferral.
Mr. Max Davis, the applicant, spoke on behalf of the
application.
A discussion concerning the transition of land uses and
zoning along the north side of Chenal Parkway west of
Markham Street ensued.
Commissioner Rector suggested amending the application to
provide a land use change from Multi -Family to Office on the
west half of the property and changing the land use on the
east half of the property from Multi -Family to Commercial to
accommodate a zoning change on that half of the property.
A motion was made to approve item 3.1 as amended by
Commissioner Rector. The item was denied with a vote of
1 ayes, 7 noes, and 3 absent.
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Case # LU001902
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Cr. 42.06
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Case # LU001902 N
13000 CHENAL PARKWAY
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Ward: 7 Item # 3.1