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HomeMy WebLinkAboutminutesMarch 18, 1999 ITEM NO.: 7 FILE NO.: LU99-11-02 Name: Land Use Plan Amendment - I-430 Planning District Location: 1001 Embassy Drive Request: Office to Commercial Source: Dan Robinson for Embassy Suites Hotel PROPOSAL / REQUEST: Land Use Plan amendment in the I-430 Planning District from Office to Commercial. The Commercial category includes a broad range of retail and wholesale sales of products, personal services, and general business activities. Commercial activities vary in type and scale, depending on the trade are they serve. CURRENT LAND USE AND ZONING: The property is currently zoned R-2 and is approximately 4.5 acres in size. This site adjoins the Embassy Suites Hotel to the north (a PDC in a MOC classification), to the south lies single family homes and a paint shop that have access off of Kanis Road. That area is also zoned R-2 and is shown as Office. To the west is an undeveloped tract of land zoned POD in an office classification and to the east lies C-2 zoned property that currently has single family houses on it and is shown as Commercial. RECENT AMENDMENTS: May 20, 1997, a change from Office to Commercial for an area north of Chenal Parkway between Bowman and Autumn Roads. June 18, 1996, various changes occurring with the John Barrow Neighborhood Plan. MASTER STREET PLAN: Financial Center Parkway is shown as a principal arterial on the plan. The Master Street Plan shows the extension of Embassy Drive to the south to intersect with Centerview Drive at Kanis. It is to be a Collector Street and will curve on the southern half to meet Centerview as shown by the dashed line on the Plan Amendment graphic. March 18, 1999 ITEM NO.: 7 (Cont.) PARKS: FILE NO.: LU99-11-02 The closest area of park land to the site is Rock Creek, which lies in the median of Chenal Parkway from Bale Chevrolet to the eastern Kanis intersection and an additional area that the city owns that lies to the north and west of the Bowman and Markham intersection. BACKGROUND: This area has seen major growth in the past ten years changing from a rural area to the heavier intensity that it is today. The Land Use Plan, during that time, has slowly been changed from residential uses to more intense uses. At this time, there is still an inventory of Commercial area that has not been developed. While the application is associated with the Embassy Suites Hotel, this will place Commercial off of Financial Center Parkway for unusually large depth. This site will be accessed off of Embassy Drive. This in turn may encourage the entirety of Embassy Drive to be Commercial. That commercialization of the corner of Embassy Drive, Kanis and Centerview would be in conflict with the recently adopted (3-2-99) Land Use Plan for the Kanis Corridor. NEIGHBORHOOD PLAN: This area is covered by the Rock Creek Neighborhood Plan dated November 1998. The plan did not make any land use plan changes. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: John Barrow Neighborhood Association, Sandpiper N.A., Twin Lakes "A" Neighborhood Assoc., Campus Place N.A., Kensington Place N.A., Westbrook N.A., Birchwood Neighborhood Association, Pennbrook/Clover Hill Place N.A., Sewer District #147, and Twin Lakes "B" Neighborhood Assoc. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate at this time. 2 March 18, 1999 ITEM NO.: 7 (Cont.) FILE NO.: LU99-11-02 PLANNING COMMISSION ACTION: (MARCH 18, 1999) Brian Minyard of Staff presented the item and referenced the letters of support that was given to the Commissioners at the agenda meeting. Chairman Earnest asked a question of Mr. Minyard as to the extension of the collector street known as Embassy Drive. Mr. Minyard referenced the graphics provided in the agenda. Dan Robinson spoke in behalf of Embassy Suites Hotel and made a brief presentation of the history of the site and nature of the hotel company. He continued to speak of the financial investment and benefits to the City in the form of taxes. He continued to speak of the extension of Embassy Drive. Mr. Robinson indicated that the future plans include additional rooms, conference space, additional parking and ancillary restaurant facility to support the hotel. He continued to speak about traffic patterns and the overall traffic pattern to Shackleford Road to the south. Commissioner Putnam asked for clarification as to the nature of the expansion. Commissioner Faust stated that hotel motel is listed as a conditional use in 02. She asked of the applicant why he was seeking to change the Land Use Plan. Mr. Robinson replied that they were seeking an actual use for a hotel in C-3. If the site was larger, it could be filed in C-2; or if detailed plans were available, the PCD could be amended. Commissioner Faust stated that she was still not clear and asked Mr. Minyard if she was missing something. Mr. Minyard reiterated that the applicant does not have detailed plans of what they want to do. He further clarified the options of revising the PCD, 02 with a CUP in Office, and changing the Land Use Plan amendment. Mr. Minyard further stated that conversations had taken place with the applicant to explain all the options and that the applicant had chosen to revise the Land Use -Plan in lieu of providing specific plans for development. Commissioner Putnam asked if they owned the land. Mr. Robinson stated that they had it under contract subject to commercial zoning. Discussion followed that the Commercial on the Land Use 3 March 18, 1999 ITEM NO.: 7 (Cont.) FILE NO.: LU99-11-02 Plan would open up a multitude of uses in addition to the hotel uses. Mr. Putnam asked to have specific plans for development on the site and not open it up for all commercial applications. Commissioner Berry stated to the applicant that if the applicant was turned down for the Land Use Plan amendment, that he suspected that they would be back with a conditional use permit. Jim Lawson interjected that the applicant wants C-3, not a conditional use permit. Commissioner Berry wanted to clarify that nothing restricts the applicant from coming back and applying for an expansion of his current PZD under Office on the Land Use Plan. Mr. Lawson stated that he did not think that was the case, and that the applicant's deal would be off if he did not get the C-3 zoning. Mr. Robinson stated that when Mr. Hammond buys a piece of property to develop, he wishes to have commercial zoning that permits the development. -He spoke of timing to buy the property, develop the plans, and obtain the zoning. He stated that he does not have the detailed plans at this time. Commissioner Putnam spoke of amending the PCD. Mr. Lawson stated that the applicant wants C-3 zoning which would not require any PZD or any review. Commissioner Mizan asked if the land could be sold after being changed to C-3 if a downturn in the hotel market occurred. Mr. Robinson stated that the land could be sold but due to street patterns and topography, the site does not lend itself to be there unless there is a direct relation to the hotel. Mr. Lawson stated that he is not necessarily opposed to the extension of the hotel, but what does not make sense to the staff is the fact that Commercial would be fronted by Office on Kanis Road. He further explained that was not his intention, but stated that would be the case. Mr. Robinson spoke of the future of the intersection of Embassy Drive, Centerview Drive and Kanis and the land use pattern. Commissioner Downing asked Mr. Lawson to explain the zoning process. Mr. Lawson stated that if it were changed to commercial today, they would come back for C-3 zoning. Then it would be sold to Mr. Hammond and at some point it would be developed by Mr. Hammond. If it comes in with more than one building, it would require site plan review. If it were one huge building 4 March 18, 1999 ITEM NO.: 7 (Cont.) FILE NO.: LU99-11-02 with a parking deck, he would just need to get a building permit. There is uncertainty as to how this relates to the PCD that was approved. Ruth Bell, of the League of Women voters, stated her opposition to the proposed Land Use Plan change. She stated that it is not in the best interest of the city without knowing a lot more details. Commissioner Putnam asked Mr. Lawson if there was some way to allow this to pass. Mr. Lawson stated that he had been thinking and was not able to come up with any solution yet. Commissioner Downing stated when the real world considers future expansion; pieces of property do not always fall into place at the time that their plans are ready. He continued to speak of surrounding uses and the compatibility of those uses with the proposed use. Commissioner Hawn spoke of othe Kanis Road Land Use Plan that was recently adopted. Commissioner Faust noted the March 2, 1999 adoption of the Land Use Plan along Kanis. She spoke of the options of C-3 and the adopted Land Use Plan does not preclude the development of the hotel. Commissioner Berry spoke of the Land Use Plan trying to mitigate impact, but without knowing what the development is, the Commission is afraid of going commercial and continued to speak of the process. Chairman Earnest noted that with performance zoning the same conversation would be taking place. Walter Malone of staff, added that this property was not changed in the Kanis Corridor Land Use Plan that was recently adopted. Discussion followed with Commissioner Putnam as to whether this site had been the subject of a Land Use Plan amendment before. Mr. Lawson stated that it was the piece to the southwest of the site. He continued to speak about both the applicant and the city limiting their risks concerning buying and zoning of the property. Commissioner Hawn made a motion to approve the motion and the motion failed with a vote of 3 ayes, 7 nays and 1 absent. 0