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HomeMy WebLinkAboutZ-3559 Staff AnalysisDecember 9, 1980 Item No. 1 - Z-3559 Owner: Alexander Properties, Inc. Applicant: James Lasley, Trustee Location: Northwest Corner Alexander and Sardis Roads Request: Rezone from "R-2" Single Family to "C"-3" General Commercial and "I-2" Light Industrial Purpose: Commercial and Industrial Development, Unspecified Size: 39.9 Acres + Existing Use: Vacant SURROUNDING LAND USE AND ZONING North - Vacant and Single Family, Zoned "R-2" and "I-1" South - Single Family, Unclassified East - Single Family, Zoned "R-2" West - Single Family, Zoned "R-2" PLANNING CONSIDERATIONS No adverse comments have been received from any reviewing agency, and staff expects no particular environmental problems. Neighboring property owners have expressed some concern over this proposal; however, staff is unaware of the depth of those concerns at this time. The Suburban Development Plan shows commercial development at this location, but the scale of the planned development appears somewhat less than that proposed by the applicant. Further, the plan and previous zoning commitments in this area indicate that "I-1" zoning would be more appropriate than the "I-2" requested. Staff has two main concerns relative to this request. The first relates to the proposed scale of the commercial development planned. Actual development would appear to be several years in the future, and it is doubtful that a community shopping center to serve the expected demand would require more than about 15 ,acres, assuming the ultimate development would see such a center anchored by a major grocery or department store. The second concern relates to the industrial portion of the application. Staff would prefer to see "I-1" zoning applied to the industrial portion December 9, 1980 Item No. 1 - Continued of the property thereby holding consistent with prior commitments to the Missouri Pacific Railroad. This combined with "C-2" on the commercial portion would produce the maximum advantage to assurance that adequate site planning control would be available. The applicant will be required to provide 40 feet of right-of-way on both Sardis and Alexander Roads. This substantial dedication involves about 2.4 acres, and staff would expect that to be taken out of the industrial portion to assure a net of 15 acres in. the commercial tract. STAFF RECOMMENDATION Staff recommends approval of "C-2" Shopping Center for all but the west 250 feet of the property proposed for "C-3" and approval of "I-1" Industrial Park on the west 250 feet of that tract and the northern one-half of the property as proposed by the applicant for "I-2." COMMISSION ACTION The applicant was present and there were some objectors. Robert Chowning, representing the applicant, stated that the applicant was willing to accept the recommendation of staff with the exception of the 250 feet west of the tract proposed for commercial zoning. He stated that the only reason the 250 foot piece was not agreed to was because of the setback requirements in the "I-1" district which require a 100 foot separation of structures from residential properties. A discussion ensued and Mr. Chowning suggested that instead of "I-1" that the 250 feet of property be considered for "0-3" General Office zoning. Staff stated that would not be a problem from its standpoint. With that assumption, Mr. Chowning agreed to amend his application to reflect "C-2" on the property which had been proposed for "C-3" except for the west 250 feet. The west 250 of that portion would then be "0-3" and the north 20 acres more or less would be "I-1." John Plegqe, an attorney representing several neighboring property, owners, presented a petition containing the signatures of 101 residents of the area and introduced 15 opponents who were present. He stated that in two separate meetings with property owners in the area, he had determined that their unanimous preference was for the entire 40 acre tract to be zoned "I -l." He stated that those residents were against the commercial portion of the request and much preferred to see the entire parcel developed industrially. December 9, 1980 Item No. 1 - Continued A lengthy discussion followed considering all of the options that had been proposed. It was suggested that perhaps the applicant and other neighboring property owners might find a way to reach some negotiated settlement. Both sides stated that it was unlikely that any further compromise was possible. There were questions about the Suburban Development Plan, which shows the commercial location as proposed in this request, and there were various comments from both sides. Finally after the debate, the Commission moved to approve the application as amended to wit: the N 20 acres to be zoned "I-1" Industrial Park District, the S 20 acres less the W 250 feet thereof to be zoned "C-2" Shopping Center District and the W 250 feet of the S 20 acres to be zoned 110-3" General Office District. The motion was passed: 9 ayes, 0 noes, 1 absent, 1 abstention (Bill Hastings abstained). After the vote, Mr. Plegge asked if he could raise a further question. The Commission allowed the question and, Mr. Plegge expressed the concern of the residents in the area that the Commission had appeared not to seriously consider their requests that the property be zoned "I-1" in its entirety. There was a short discussion of the question wherein the Planning Commission chairman stated that while perhaps the discussion did not firmly indicate that such consideration had been given, he felt that the individual members of the Commission would have considered and did consider that proposal at the time of the discussion. Mr. Plegqe stated that he understood that, but he wasn't too sure and had asked the question for the benefit of his clients so that they could understand what had happened.