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HomeMy WebLinkAboutZ-4370 Staff AnalysisDecember 18, 1984 Item No. 21 - Z-4370 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Mrs. William W. Leigh Charles Germer 10923 West Markham (West of Shackleford) Rezone from 11R-2" Single Family to "C-3" General Commercial Eating Place 4.5 acres + Single Family SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "C-3" South - Single Family, Zoned 11R-2" East - Nursing Home, Zoned "R-2" West - Utility Facility, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The proposal is to rezone to "C-3" to permit an eating establishment. The property is located on the south side of West Markham just west of Shackleford in an area that has been heavily impacted by previous zoning actions and existing land use. The site in question abuts residentially zoned land on three sides, but to the east and west the uses are nonresidential. On the east side, there is a nursing home and to the west there is a major utility installation. Across West Markham to the north, the land is zoned "C-3." Because of these factors and the property's close proximity to Shackleford Road, a commercial reclassification of the site is appropriate. A majority of the land along West Markham west of Shackleford to the Rock Creek area is zoned something other than "R-2" and it is anticipated that the "R-2" pieces will be considered for rezoning in the near future. 2. The site is a long narrow tract with a single residential structure on it. Approximately the southern one-third of the property has floodplain and floodway involvement. December 18, 1984 Item No. 21- Continued 3. There are no right-of-way issues or Master Street Plan requirements associated with this request. 4. There have been no adverse comments received from the reviewing agencies as of this writing. 5. There are no legal issues. 6. There is no documented history on the site. Staff has received some informational calls concerning this request. 7. The I-430 District Plan identifies the location for nonresidential use, research and business. Staff feels that "C-3" is an appropriate reclassification for this type of land use and supports the rezoning, but not for the entire tract. Because of the floodplain and the floodway involvement, staff recommends only that Portion of the property outside the floodplain be rezoned to "C-3" and land in the floodway be dedicated to the City. This will provide a good buffer between the Birchwood neighborhood to the south and the nonresidential uses to the north. The Master Parks Plan does recommend the floodway in this general area be part of the City's priority one open space network. STAFF RECOMMENDATION: Staff recommends approval of a "C-3" reclassification for that portion of property outside of the floodplain and the floodway be dedicated to the City. PLANNING COMMISSION ACTION: The applicant was present. There was one objector in attendance. Jim Mallott, representing the Fountainbleau Nursing Home, spoke in opposition to the request. He said that the nursing home was having problems with the existing commercial development in the area, and the approval, of this request would only add to those problems. Mr. Mallott felt that the nursing home would be severely impacted by having commercial zoning on two sides. An attorney representing the owner said that they would dedicate the floodway but had problems with excluding the floodplain area from the request. The Planning Commission voted to recommend approval of the "C-3" request for property outside the floodplain and that the floodway be dedicated to the City. The vote: 9 ayes, 0 noes and 1 absent. December 18, 1984 Item No. 21 - Z-4370 Owner: Applicant: Location: Request: Purpose: Size: Mrs. William W. Leigh Charles Germer 10923 West Markham (West of Shackleford) Rezone from "R-2" Single Family to "C-3" General Commercial Eating Place 4.5 acres + Existing Use: Single Family SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "C-3" South - Single Family, Zoned "R-2" East - Nursing Home, Zoned "R-2" West - Utility Facility, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The proposal is to rezone to "C-3" to permit an eating establishment. The property is located on the south side of West Markham just west of Shackleford in an area that has been heavily impacted by previous zoning actions and existing land use. The site in question abuts residentially zoned land on three sides, but to the east and west the uses are nonresidential. On the east side, there is a nursing home and to the west there is a major utility installation. Across West Markham to the north, the land is zoned "C-3." Because of these factors and the property's close proximity to Shackleford Road, a commercial reclassification of the site is appropriate. A majority of the land along West Markham west of Shackleford to the Rock Creek area is zoned something other than "R-2" and it is anticipated that the "R-2" pieces will be considered for rezoning in the near future. 2. The site is a long narrow tract with a single residential structure on it. Approximately the southern one-third of the property has floodplain and floodway involvement. December 18, 1984 Item _No. 21 - Continued 3. There are no right-of-way issues or Master Street Plan requirements associated with this request. 4. There have been no adverse comments received from the reviewing agencies as of this writing. 5. There are no legal issues. 6. There is no documented history on the site. Staff has received some informational calls concerning this request. 7. The I-•430 District Plan identifies the location for nonresidential use, research and business. Staff feels that "C-3" is an appropriate reclassification for this type of land use and supports the rezoning, but not for the entire tract. Because of the floodplain and the floodway involvement, staff recommends only that portion of the property outside the floodplain be rezoned to "C--3" and land in the floodway be dedicated to the City. This will provide a good buffer between the Birchwood neighborhood to the south and the nonresidential uses to the north. The Master Parks Plan does recommend the floodway in this general area be part of the City's priority one open space network. STAFF RECOMMENDATION: Staff recommends approval of a "C-3" reclassification for that portion of property outside of the floodplain and the floodway be dedicated to the City. PLANNING COMMISSION ACTION: The applicant was present. There was one objector in attendance. Jim Mallott, representing the Fountainbleau Nursing Home, spoke in opposition to the request. He said that the nursing home was having problems with the existing commercial development in the area, and the approval of this request would only add to those problems. Mr. Mallott felt that the nursing home would be severely impacted by having commercial zoning on two sides. An attorney representing the owner said that they would dedicate the floodway but had problems with excluding the floodplain area from the request. The Planning Commission voted to recommend approval of the "C-3" request for property outside the floodplain and that the floodway be dedicated to the City. The vote: 9 ayes, 0 noes and 1 absent.