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HomeMy WebLinkAboutZ-3614-A Staff AnalysisDecember 9, 1980 Item No. 14 - Z-3614 Owner: M.R. Godwin, Trustee Applicant: Don Chambers Location: Mara Lynn Road (south side) 1320 feet east of Napa Valley Road Request: Rezone from "MF -24" Multifamily to "0-3" General Office and "C-3" General Commercial Purpose: Office and Commercial Development, Unspecified Size: 10 Acres + Existing Use: Vacant SURROUNDING LAND USE AND ZONING North - Vacant, Zoned "MF -18" South - Vacant, Zoned "C-3" East - Multifamily, Zoned "MF -24" West - Vacant, Zoned "MF -12" PLANNING CONSIDERATIONS No adverse comments have been received from any reviewing agency. The zoning requested anticipates the eventual development of the Bowman Road Extension from Markham Street to Mara Lynn Drive as called for by the Master Street Plan. Since the developer would be required to provide the necessary improvements for the length of this extension through his property, this application seeks to assure that adequate economic compensation would be gained through enhancement of the property's value (highest and best use theory). Staff views the request as premature and has encouraged the applicant to withdraw the application. There is signficant commercial property which is vacant and lying within this general area. There is concern that acquiescence on this request would open the way to further pressure to commit unneeded commercial zoning on nearby properties. Staff is particularly concerned about the property to the north on which the owner had sought nonresidential zoning during the original application which netted the "MF -18" shown on the north side of Mara Lynn Road. December 9, 1980 Item No. 14 - Continued It is understandable that this owner would seek to gain a higher use on the remaining property after having given up an 80 -foot right-of-way and constructing the improvements for. Bowman Road. However, there is no compelling certainty that Bowman Road would be constructed all the way to Markham Street, and further there is no real demand for that arterial street at present anyway. The uncertainty associated with this request produces an appearance of speculation and premature commitment which staff would like to avoid. Finally, the Suburban Development Plan did not anticipate any commercial development in this area. A plan change is possible, but it should be justified by demonstration of demand combined with a .lack of existing capacity. STAFF RECOMMENDATION Staff recommends denial. COMMISSION ACTION David Jones, representing the applicant, was present and addressed the staff concerns, particularly about the construction of Bowman Road. In doing so, he presented a petition from neighboring property owners stating that they "would seriously consider participating in the formation of a 'special street improvement district' setup for the purpose of financing such construction (Bowman Road from Markham to Mara Lynn)." A lengthy discussion ensued wherein the applicant stated that the reason for the request, as had been pointed out with staff, was predominantly economic that he was willing to build his part of the road but would need the zoning to offset the cost. After the lengthy discussion, the Planning Commission stated that there just appeared too many loose ends and that the applicant could not commit to the City and the City could not commit anything to the applicant relative to the construction of Markham Street, Bowman Road, the bridges and various other things that would be needed in order to satisfactorily tie down the project. The Commission moved to defer the action on this proposal for thirty (30) days. The motion received no second and died for a lack thereof. A second motion to approve the application as filed was made. The motion failed on a vote of 0 aves, 8 noes, 1 absent, 2 abstaining (Ron Tabor abstained and Richard Massie abstained). The motion for the application was declared to have been denied. Z-3614 Owner: M.R. Godwin, Trustee Applicant: Don Chambers Location: Mara Lynn Road (south side) 1320 feet east of Napa Valley Road Request: Rezone from "MF -24" Multifamily to "0-3" General Office and "C-3" General Commercial Purpose: Office and Commercial Development, Unspecified Size: 10 Acres + Existing Use: Vacant SURROUNDING LAND USE AND ZONING North - Vacant, Zoned "MF -18" South - Vacant, Zoned "C-3" East - Multifamily, Zoned "MF -24" West - Vacant, Zoned "MF -12" PLANNING CONSIDERATIONS No adverse comments have been received from any reviewing agency. The zoning requested anticipates the eventual development of the Bowman Road Extension from Markham Street to Mara Lynn Drive as called for by the Master Street Plan. Since the developer would be required to provide the necessary improvements for the length of this extension through his property, this application seeks to assure that adequate economic compensation would be gained through enhancement of the property's value (highest and best use theory). Staff views the request as premature and has encouraged the applicant to withdraw the application. There is signficant commercial property which is vacant and lying within this general area. There is concern that acquiescence on this request would open the way to further pressure to commit unneeded commercial zoning on nearby properties. Staff is particularly concerned about the property to the north on which the owner had sought nonresidential zoning during the original application which netted the "MF -18" shown on the north side of Mara Lynn Road. Z-3614 - Continued It is understandable that this owner would seek to gain a higher use on the remaining property after having given up an 80 -foot right-of-way and constructing the improvements for Bowman Road. However, there is no compelling certainty that Bowman Road would be constructed all the way to Markham Street, and further there is no real demand for that arterial street at present anyway,. The uncertainty associated with this request produces an appearance of speculation and premature commitment which staff would like to avoid. Finally, the Suburban Development Plan did not anticipate any commercial development in this area. A plan change is possible, but it should be justified by demonstration of demand combined with a lack of existing capacity. STAFF RECOMMENDATION Staff recommends denial. COMMISSION ACTION David Jones, representing the applicant, was present and addressed the staff concerns, particularly about the construction of Bowman Road. In doing so, he presented a petition from neighboring property owners stating that they "would seriously consider participating in the formation of a 'special street improvement district' setup for the purpose of financing such construction (Bowman Road from Markham to Mara Lynn)." A lengthy discussion ensued wherein the applicant stated that the reason for the request, as had been pointed out with staff, was predominantly economic that he was willing to build his part of the road but would need the zoning to offset the cost. After the lengthy discussion, the Planning Commission stated that there just appeared too many loose ends and that the applicant could not commit to the City and the City could not commit anything to the applicant relative to the construction of Markham Street, Bowman Road, the bridges and various other things that would be needed in order to satisfactorily tie down the project. The Commission moved to defer the action on this proposal for thirty (30) days. The motion received no second and died for a lack thereof. A second motion to approve the application as filed was made. The motion failed on a vote of 0 ayes, 8 noes, 1 absent, 2 abstaining (Ron Tabor abstained and Richard Massie abstained). The motion for the application was declared to have been denied.