HomeMy WebLinkAboutZ-4464-B Staff AnalysisNovember 30, 1993
ITEM NO.: 1 Z --4454-B
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
David A. Pickering, Joe D. White,
and David A. Pickering, Jr.
Joe D. White
Chenal Parkway and Autumn Road
Rezone from R-2 to C-3
Commercial
2.37 acres
Vacant
SURROUNDING LAND USE AND ZONING
North - Vacant and Single -Family, zoned R-2
South - Commercial, zoned PCD
East - Vacant, zoned C-3
West - Vacant, zoned R-2
STAFF ANALYSIS
This item involves a 2.4 acre tract of land located at the
northwest corner of the Chenal Parkway and Autumn Road. The
request is to rezone the site from R-2 to C-3 for future
commercial development. The property is vacant and has 415
feet of frontage on Autumn Road and approximately 333 feet
on the Chenal Parkway. (This acreage is part of the
proposed Lowe's site.)
In 1990, a C-3 request was filed for the same piece of
property. During the Planning Commission public hearing,
the application was amended to C-2, and the Commission voted
to endorse the C-2 reclassification. The item was withdrawn
before it was considered by the Board of Directors. At that
time, staff had some concerns about a commercial
reclassifcation at the corner.
Zoning in the general vicinity is R-2, 0-2, C-1, C-3, POD,
PCD and OS. The northeast and southeast corners of the
Autumn/Chenal Parkway intersection are zoned C-3. It should
be pointed that some of the C-3 zoning, at the intersection,
was accomplished through a court decree, as part of an
annexation lawsuit. Land use includes single family, a
church and a specialized hospital. At this time, there are
two major nonresidential projects under construction in the
general area. They are the Home Quarters development on the
south side of the Chenal Parkway and an office/mini-storage
November 30, 1993
ITEM NO.: 1 Z -4464-B (Cont.
units, south of the Home Quarters site. There is also
vacant land found throughout the area, including the C-3,
directly across Autumn Road.
The adopted land use plan, I-430, shows the property in
question as mixed office and commercial. Therefore, some
type of nonresidential reclassification is a reasonable
option for the site. The plan also identifies the northeast
corner of the Chenal Parkway and Bowman for mixed office and
commercial development. For the remainder of the area north
of the parkway, the plan recommends office use.
Due to the amount of large scaled development, staff feels
that there is a need for smaller commercial sites along the
parkway to accommodate users that do not require 10 -acre or
larger sites. (The C-3 site at the southeast corner of
Autumn and the Chenal Parkway is occupied by a hospital.)
Based on the land use and zoning patterns in the area, staff
feels that the site under consideration is an appropriate
location for a small commercial development. The proposed
C-3 would basically duplicate the C-3 land on the east side
of Autumn. Also, the proposed C-3 rezoning should not have
a negative impact on the residential areas because the site
is somewhat removed from the established single family
neighborhoods. Staff is recommending a plan amendment for a
number of the properties that have frontage on the parkway.
LAND USE PLAN ELEMENT
The site is in the I-430 Planning District. The plan for
the area recommends mixed office commercial. Since much of
the recommended "mixed" use areas are zoned and/or developed
commercially, staff recommends the plan be changed to
reflect the City's action. To this end the southwest and
southeast corners of the Chenal-Bowman intersection would be
commercial. The mixed office commercial located at
Bowman-Chenal (northeast corner) and Autumn-Chenal
(northwest corner) should also be commercial. This is the
third amendment in this location within a year. The
Commission might consider in the future deferring any
rezoning in conflict with the plan (major change) so that
the entire area can be reviewed and then stick with the
adopted plan for a minimum time period before relooking at
the area.
ENGINEERING COMMENTS
Dedication of additional right-of-way will be required if the
Autumn Road right-of-way does not equal 30 feet from the
centerline, and Chenal Parkway does not have a right-of-way
of 60 feet from the centerline.
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November 30, 1993
ITEM NO.: 1 Z -4464-B (Cont.
TAFF RECOMMENDATION ,
Staff recommends approval of the C-3 rezoning as requested.
PLANNING COMMISSION ACTION:
(NOVEMBER 30, 1993)
The applicant was represented by Hal Kemp, an attorney.
There were two objectors in attendance. Mr. Kemp spoke
briefly and discussed the request. He said the owners were
in support of the staff's position.
Doyle Daniel, a resident of the Birchwood Subdivision and
vice-president of' the neighborhood association, then
addressed the Commission. Mr. Daniel said that the
neighborhood was not in support of the C-3 and the residents
would prefer a PCD. He went on to say that the neighborhood
would like to know what the proposed use was, as part of a
PCD request. Mr. Daniel then presented a zoning map and
described the area. He said there were only three entrances
into Birchwood and traffic was a problem.
Mr. Daniel reminded the Commission that Autumn Road was a
major access point for the neighborhood. He then voiced
some concerns about drainage. Mr. Daniel concluded by
saying that the Birchwood Neighborhood Association voted
against the C-3 rezoning.
Kenneth Davis, another resident of Birchwood, spoke against
the C-3 request. Mr. Davis said that a PCD was more
appropriate. He told the Commission that the neighborhood
association voted to oppose the C-3 and the rezoning should
be done as a PCD.
Hal Kemp responded to some of the residents' comments and
said not every rezoning needs to be a PCD. Mr. Kemp said
the C-3 was a sound rezoning and asked for the Commission's
vote.
There was some discussion about various issues.
Tad Borkowski, Engineering staff, addressed several
engineering questions.
Doyle Daniel made some additional comments about Autumn Road
and said he was concerned with all the uses allowed in C-3.
Kenneth Davis spoke and responded to comments made by the
staff.
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November 30, 1993
ITEM NO.: 1 Z -4464-H Cont.
Jim Lawson, Director .of Neighborhoods and P17anning, said the
owner was willing to make a 25% in -lieu contribution towards
a traffic signal at the Chenal Parkway/Autumn Road
intersection.
Joe White, discussed the Chenal Parkway design and driveways
on the Parkway. Mr. white said that road improvements would
be required when the properties were developed.
Ruth Bell, League of Women Voters, spoke and asked some
questions about future rezoning requests in the area.
Jim Lawson responded to Ms. Bell's inquiries.
A motion was made to recommend approval of the C-3 rezoning
with the condition that a 25% in -lieu contribution be made
towards a traffic signal at the Autumn Road/Chenal Parkway
intersection. (The application was amended to include the
condition.) The motion passed by a vote of 7 ayes, 1 nay,
2 absent and 1 open position.
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