HomeMy WebLinkAboutminutesSeptember 14, 2000
ITEM NO.: 8.1 FILE NO.: LU00-11-02
Name: Land Use Plan Amendment - I-430 Planning District
Location: 10800 Birchwood Drive
Request: Single Family to Neighborhood Commercial
Source: Roman C. and Lita I. Novero
PROPOSAL / REQUEST:
A Land -Use Plan amendment located in the I-430 Planning
District from Single Family to Neighborhood Commercial.
The Neighborhood Commercial category includes small-scale
commercial development in close proximity to a
neighborhood, providing goods and services to that.
neighborhood market area. The applicant wishes to use the
property for an alteration and dress making shop.
Prompted by this Land Use Amendment request, the Planning
Staff expanded the area of review to include the property
directly across the street on the southwest corner of the
Birchwood Drive / Shackleford Road intersection. It has
been more than three years since the Land Use Plan was
reviewed in this area. With.this change, the entirety of
the Single Family located at the Birchwood Drive / f
Shackleford Road intersection would be eliminated.
EXISTING LAND USE AND ZONING:
Two single family houses are located in the expanded area
which is currently zoned R-2 Single Family and is
approximately .62+ acres in size. The properties to the
north is zoned C-3 General Commercial and is filled with
various commercial enterprises. The land to the east is
occupied by the I-430 / I-630 freeway interchange. South
of the expanded area is a large tract of land zoned 0-2
Office and institutional at the northeast corner of the
Shackleford Road / Financial Center Parkway intersection
and is developed with office buildings. The property to
the west is zoned R-2 Single Family and occupied by houses
located in the Birchwood neighborhood.
September 14, 2000
SUBDIVISION
ITEM NO.: 8.1 (Cont.) FILE NO.: LU00-11-02
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On March 2, 1999 a change took place from Single Family to
Suburban Office on the west side of Aldersgate Road between
W. 17th and W. 20th Streets one mile south of the applicant's
property.
On April 6, 1999, multiple changes took place along Kanis
Road between Shackleford Road and Chenal Parkway about a
half mile south of the applicant's property.
On October 29, 1998, a change took place from Single Family
to Commercial on Markham Center Drive a half -mile northeast
of the applicant's property.
On October 29, 1998 a change took place from Single Family
to Suburban Office on the east side of Natural Resources
Drive north of Markham Street a half mile northeast of the
applicant's property.
On May 20, 1997 a change took place on the north side of
Chenal Parkway from office to Commercial between Bowman and
Autumn Roads about 2/3 of a mile west of the applicant's
property.
On November 19, 1996 a change took place from Office to
Commercial north of Timber Ridge Drive west of Chenal
Parkway about one mile west of the applicant's property.
On November 19, 1996 a change took place from Office to
Park/Open Space on the north side of Timber Drive west of
Chenal Parkway about one mile west of the applicant's
property.
On January 16, 1996 a change took place from IMF to
Suburban Office east of Bowman Road north of the Sandpiper
West subdivision about one mile southwest of the
applicant's property.
The expanded area under review is shown as Single Family on
the Future Land Use Plan. The property to the north along
Shackleford Road is shown as Commercial. The property to
the east is occupied by the I-430 / I-630 freeway
interchange. The property to the south of the expanded
area is shown as Office. The property to the west is shown
as Single Family.
�A
September 14, 2000
SUBDIVISION
ITEM NO.: 8.1 (Cont.) FILE NO.: LU00-11-02
MASTER STREET PLAN:
Birchwood Drive is not shown on the Master Street Plan.
Shackleford Road is shown on the Master Street Plan as a
minor arterial. There are no bikeways shown on the Master
Street Plan that would be affected by this amendment.
PARKS:
The Park System Master Plan is shown northwest of the
applicant's property. Birchwood Park would not be affected
by the proposed amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The applicant's property is located in an area that is not
covered by a neighborhood action plan.
ANALYSIS:
The applicant's property is located in a residential
neighborhood surrounded by intense, and incompatible, land
uses. Both houses in the expanded area face Birchwood
Drive. The neighborhood is the only area shown as Single
Family in a larger area bounded by Shackleford Road,
Markham Street, Bowman Road, and Financial Center Parkway.
The area, shown as Single Family, is further reduced by
Birchwood Park located within the confines of the
neighborhood. A large amount of land developed for
commercial and office uses form a virtual ring around the
residential neighborhood. The applicant's property is
located in the floodway for Rock Creek.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood
associations: Birchwood N.A., Birchwood N.A., Campus Place
P.O.A., Kensington Place P.O.A., Pennbrook/Clover Hill
Place P.O.A., Sandpiper N.A., Sewer District #147, Twin
Lakes "A" N.A., Twin Lakes "B" N.A., Westbrook N.A., Walnut
Valley N.A., and Beverly Hills P.O.A. Staff has received
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September 14, 2000
SUBDIVISION
ITEM NO.: 8.1 (Cont.) FILE NO.: LU00-11-02
eleven comments from area residents. One is in support,
ten are opposed to the change and two were neutral.
Birchwood Neighborhood Association, which covers this site,
is opposed to the change.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate. Approval of
this amendment would decrease the size of an isolated area
of Single Family.
PLANNING COMMISSION ACTION:
(SEPTEMBER 14, 2000)
Brian Minyard, City Staff, made a brief presentation to the
commission.
Bob Turner, City Staff, made a brief presentation
concerning drainage issues relevant to this item. Mr.
Turner stated that the applicant's property is located in a
floodway and that businesses should not be located in the
floodway. Mr. Turner closed his remarks by stating that
the location of the house in a floodway was unintentional
and that it was built before the current floodway
regulations were implemented. The applicant did not
intentionally buy property in the floodway.
Commissioner Hugh Earnest made a statement concerning the
need to open dialog to address the long-term future need
for removal of properties located in floodways. A brief
discussion followed between the Planning Commission and
City Staff addressing the floodway issues specifically
related to this agenda item. The conversation concluded
that businesses should not be established in the floodway.
The applicant's property is located in a floodway.
Monte Moore made a presentation of item 8 so the discussion
could coincide with the discussion for item 8.1. See item
8 for a complete discussion concerning the Short Form
Planned Commercial Development.
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September 14, 2000
SUBDIVISION
ITEM NO.: 8.1 (Cont.)
FILE NO.: LU00-11-02
After extended discussion, Mr. Roman Novero, and Mrs. Lita
Novero, the applicants, made a formal request to have the
application withdrawn.
A motion was made in favor of the withdrawal. The
withdrawal of item 7.1 was approved with a vote of 11 ayes,
0 noes, and 0 absent.
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