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HomeMy WebLinkAboutZ-4491 Staff AnalysisJuly 30, 1985 Item No. 4 - Z-4491 Owner: Applicant: Location: Request: Purpose: Size: Various Owners C.J. Cropper West Markham and Pryor Street SE Corner Rezone from "R-2" Single Family and "0-3" General Office to "C-3" �C ,, n .77 Parking and Commercial Expansion 2.2 acres + Existing Use: Single Family and Parking SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-2" South - Vacant and Single Family, Zoned "R-2" and 110-311 East - Commercial, Zoned "C-3" West - Single Family, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The request is to rezone approximately 2.2 acres to "C-3" for building expansion and additional parking, approximately 90 spaces. The property in question is part of and adjacent to the shopping center located at the SW corner of West Markham and Barrow Road. The center is made up of a single structure with seven leasible spaces that are all currently occupied. The floor areas range in size from 1,760 square feet to 57,600 square feet. The largest and primary tenant is a Wal-Mart Store for which the expansion is proposed. Plans call for a 20,000 square foot addition that will be used for storage and retail space. Representatives of the center and Wal-Mart have stated that the need for expansion and additional parking is due to a substantial increase in customers who are also requesting more parking spaces. In addition to the proposed parking and structural improvements on the property, the owners will provide and maintain a landscape strip adjacent to Pryor Street. The landscaping strip will be 25 feet wide with a concrete wall screening the parking area. This wall will be similar to the one that is currently in place. July 30, 1985 Item No. 4 - Continued 2. The site is occupied by three residences along Pryor Street and a parking area on the portion zoned "0-3." Two of the houses front Pryor and the other one fronts West Markham. The rezoning involves three lots on Pryor and the rear 30 feet of a fourth lot. 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. 4. Engineering has provided the following: (1) The area of building construction is located within the 100-year floodplain of Rock Creek. Therefore, a minimum floor elevation will be required using Corps information. (2) Traffic access, driveways and parking shall be coordinated and approved by the Traffic Engineer before any permits are issued. No access from Pryor Street. 5. There are no legal issues. 6. In 1974, a request was filed to rezone a 170-foot strip to commercial with the exception of the east 50 feet which was to be an office classification. There was substantial opposition to the proposal from the residents in the area. The City approved office for the east 100 feet, the current "0-3" parking area and commercial for the east 70 feet to allow for a building projection. Also, -in 1974, the Board of Adjustment approved a variance to allow parking on the 100 foot office strip. At that time, the additional parking was not required by ordinance. The-6-foot masonry and wood fence was one of the conditions included in the variance approval. In 1979, an effort was made to rezone the residence at the southeast corner of West Markham and Pryor. That request was denied by both the Planning Commission and the Board of Directors. Again, the residents were opposed to the rezoning which was to permit a beauty shop. The staff has received several calls and letters in opposition to the current request. Some of the concerns expressed have included the effect on property values and the possibility of a fast food eating place. Another issue frequently mentioned is the amount of trash and litter generated by the shopping center. July 30, 1985 Item No. 4 - Continued 7. There are a number of issues associated with this request such as removal of the three residences for commercial development and future trends in the area. Another concern is establishing precedent for commercial zoning further to the west and on the north side of West Markham. After carefully reviewing the proposal and analyzing the potential impact, staff supports the 11C-3" rezoning with the 25-foot landscape strip. Staff's position is based on the following points: (1) Pryor Street should provide an adequate barrier to further commercial encroachments to the west. The north side of Markham, west of Brookside, is a stable single family neighborhood that offers little potential for nonresidential encroachment. (2) The rezoning, if approved, will allow the center to expand and be upgraded. (3) The 25-foot landscaping strip and wall should provide a satisfactory buffer for the residential neighborhood to the west. (4) A quality tenant/store is very important to a center of this size because of its positive effect and ability to draw other good stores to the location. It is conceivable that if Wal-Mart is unable to expand, it will relocate to a larger site. This type of move could have a far reaching impact on not only the shopping center, but also the neighborhood. Should the Wal-Mart space become vacant, a good anchor for the center would be lost. When this type of situation occurs, the tendency is for the center to attract marginal uses that have a higher turnover rate or the spaces remain vacant for extended periods of time. Staff recommends that every effort be made to relocate the three residences along Pryor Street rather than demolishing them. That type of housing stock is too valuable of a resource to lose. Also, staff feels comfortable that the landscaping strip along Pryor Street should terminate the commercial zoning on the south side of Markham. Staff will not support nonresidential zonings west of Pryor Street in the future. July 30, 1985 Item No. 4 - Continued One final item is the site plan for the property. Because of a previously approved plan, an additional site plan review will be required prior to obtaining the necessary building permits. On the current site plan, there is an approved separate freestanding building site to the east of the area under consideration. Should this rezoning to "C-3" be approved, staff will recommend removal of that building site from the plan. STAFF RECOMMENDATION: Staff recommends approval of the 11C-3" rezoning as filed. PLANNING COMMISSION ACTION: (7-30-85) The owner and applicant were present as was Mr. Brad Walker, attorney representing the request. The Planning staff stated its position from the agenda and added emphasis on maintaining an existing successful shopping center. At the Commission's request, Mr. Walker presented the applicant's case. He -outlined the neighborhood meeting and discussions held with various owners in the area. He stated that the present wall treatment, the berms and landscaping would be extended to the west to accommodate the expansion. He offered an amendment which would leave a 25' "R-2" strip along Pryor Street as a buffer and access control. Mr. Steve Bruce, representing Weingarten, addressed the Commission. He offered comments on restricting access to Prior Street, the elimination of a 5,000 square foot food sales site -from the previous plan. Mr. Cy Young, representing Wal-Mart, offered comments on his firm's desire to remain at this location and serve the community. Mr. Mike Batie of the Public Works Department offered comments on floodplain elevations and imminent changes. He stated that a variance will be required from the Board of Adjustment in order that the new floor area remain the same as the present floor area. He indicated the existing floor elevation is .4 foot below the 100-Year Flood at this time. There were several objectors in attendance. Spokespersons were Mr. David Measel who represented the neighborhood in general. He offered a petition with 60 signatures of objectors. He offered concerns about the disruption of an established neighborhood with many children and elderly persons. He discussed the trash, traffic and noise levels as being unacceptable to the neighborhood. July 30, 1985 Item No. 4 - Continued Mrs. Sylvia Denham, a resident of Prior Street, offered comments on the adverse effects on her quiet residential street, its safety and permanent maintenance of the right-of-way landscaping. Mrs. Marie Burroughs and Mr. Allen Akin added additional comment on their objection to the expansion and rezoning. The possibility of expanding the Wal-Mart store into portions of the existing structure was explored. This resulted in the owner identifying several problems attendant to that type of approach, those being primarily the leases of other tenants. Mr. Walker then offered rebuttal of the neighbors' comments and discussed the site plan in more detail. A general discussion followed with the Commission questioning various parties. The case was then called to the floor for a vote. A vote was taken on the application as amended to include the 25' strip of "R-2." The application failed by a vote of 0 ayes, 6 noes, 2 absent, 3 abstention (J. Nicholson, W. Ketcher, J. Summerlin). NOTE: The Commission stated for the record that the reasons for rejection of the rezoning were: (1) the adjacent residential neighborhood would be adversely affected, (2) Prior Street cannot act to hold the line between commercial and residential development. July 30, 1985 Item No. 4 - Z-4491 Owner: Applicant: Location: Request: Purpose: Size: Various Owners C.J. Cropper West Markham and Pryor Street SE Corner Rezone from "R-2" Single Family and "0-3" General Office to "C-3" General Commercial Parking and Commercial Expansion 2.2 acres + Existing Use: Single Family and Parking SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-2" South - Vacant and Single Family, Zoned "R-2" and "O-3" East - Commercial, Zoned "C-3" West - Single Family, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The request is to rezone approximately 2.2 acres to "C-3" for building expansion and additional parking, approximately 90 spaces. The property in question is part of and adjacent to the shopping center located at the SW corner of West Markham and Barrow Road. The center is made up of a single structure with seven leasible spaces that are all currently occupied. The floor areas range in size from 1,760 square feet to 57,600 square feet. The largest and primary tenant is a Wal-Mart Store for which the expansion is proposed. Plans call for a 20,000 square foot addition that will be used for storage and retail space. Representatives of the center and Wal-Mart have stated that the need for expansion and additional parking is due to a substantial increase in customers who are also requesting more parking spaces. In addition to the proposed parking and structural improvements on the property, the owners will provide and maintain a landscape strip adjacent to Pryor Street. The landscaping strip will be 25 feet wide with a concrete wall screening the parking area. This wall will be similar to the one that is currently in place. July 30, 1985 Item No. 4 - Continued 2. The site is occupied by three residences along Pryor Street and a parking area on the portion zoned "0-3." Two of the houses front Pryor and the other one fronts West Markham. The rezoning involves three lots on Pryor and the rear 30 feet of a fourth lot. 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. 4. Engineering has provided the following: (1) The area of building construction is located within the 100-year floodplain of Rock Creek. Therefore, a minimum floor elevation will be required using Corps information. (2) Traffic access, driveways and parking shall be coordinated and approved by the Traffic Engineer before any permits are issued. No access from Pryor Street. 5. There are no legal issues. 6. In 1974, a request was filed to rezone a 170-foot strip to commercial with the exception of the east 50 feet which was to be an office classification. There was substantial opposition to the proposal from the residents in the area. The City approved office for the east 100 feet, the current "0-3" parking area and commercial for the east 70 feet to allow for a building projection. Also, in 1974, the Board of Adjustment approved a variance to allow parking on the 100 foot office strip. At that time, the additional parking was not required by ordinance. The,6-foot masonry and wood fence was one of the conditions included in the variance approval. In 1979, an effort was made to rezone the residence at the southeast corner of West Markham and Pryor. That request was denied by both the Planning Commission and the Board of Directors. Again, the residents were opposed to the rezoning which was to permit a beauty shop. The staff has received several calls and letters in opposition to the current request. Some of the concerns expressed have included the effect on property values and the possibility of a fast food eating place. Another issue frequently mentioned is the amount of trash and litter generated by the shopping center. July 30, 1985 Item No. 4 - Continued 7. There are a number of issues associated with this request such as removal of the three residences for commercial development and future trends in the area. Another concern is establishing precedent for commercial zoning further to the west and on the north side of West Markham. After carefully reviewing the proposal and analyzing the potential impact, staff supports the "C-3" rezoning with the 25-foot landscape strip. Staff's position is based on the following points: (1) Pryor Street should provide an adequate barrier to further commercial encroachments to the west. The north side of Markham, west of Brookside, is a stable single family neighborhood that offers little potential for nonresidential encroachment. (2) The rezoning, if approved, will allow the center to expand and be upgraded. (3) The 25-foot landscaping strip and wall should provide a satisfactory buffer for the residential neighborhood to the west. (4) A quality tenant/store is very important to a center of this size because of its positive effect and ability to draw other good stores to the location. It is conceivable that if Wal-Mart is unable to expand, it will relocate to a larger site. This type of move could have a far reaching impact on not only the shopping center, but also the neighborhood. Should the Wal-Mart space become vacant, a good anchor for the center would be lost. When this type of situation occurs, the tendency is for the center to attract marginal uses that have a higher turnover rate or the spaces remain vacant for extended periods of time. Staff recommends that every effort be made to relocate the three residences along Pryor Street rather than demolishing them. That type of housing stock is too valuable of a resource to lose. Also, staff feels comfortable that the landscaping strip along Pryor Street should terminate the commercial zoning on the south side of Markham. Staff will not support nonresidential zonings west of Pryor Street in the future. July 30, 1985 Item No. 4 - Continued One final item is the site plan for the property. Because of a previously approved plan, an additional site plan review will be required prior to obtaining the necessary building permits. On the current site, plan, there is an approved separate freestanding building site to the east of the area under consideration. Should this rezoning to 11C-3" be approved, staff will recommend removal of that building site from the plan. STAFF RECOMMENDATION: Staff recommends approval of the "C-3" rezoning as filed. PLANNING COMMISSION ACTION: (7-30-85) The owner and applicant were present as was Mr. Brad Walker, attorney representing the request. The Planning staff stated its position from the agenda and added emphasis on maintaining an existing successful shopping center. At the Commission's request, Mr. Walker presented the applicant's case. He outlined the neighborhood meeting and discussions held with various owners in the area. He stated that the present wall treatment, the berms and landscaping would be extended to the west to accommodate the expansion. He offered an amendment which would leave a 25' "R-2" strip along Pryor Street as a buffer and access control. Mr. Steve Bruce, representing Weingarten, addressed the Commission. He offered comments on restricting access to Prior Street, the elimination of a 5,000 square foot food sales site -from the previous plan. Mr. Cy Young, representing Wal-Mart, offered comments on his firm's desire to remain at this location and serve the community. Mr. Mike Batie of the Public Works Department offered comments on floodplain elevations and imminent changes. He stated that a variance will be required from the Board of Adjustment in order that the new floor area remain the same as the present floor area. He indicated the existing floor elevation is .4 foot below the 100-Year Flood at this time. There were several objectors in attendance. Spokespersons were Mr. David Measel who represented the neighborhood in general. He offered a petition with 60 signatures of objectors. He offered concerns about the disruption of an established neighborhood with many children and elderly persons. He discussed the trash, traffic and noise levels as being unacceptable to the neighborhood. July 30, 1985 Item No. 4 - Continued Mrs. Sylvia Denham, a resident of Prior Street, offered comments on the adverse effects on her quiet residential street, its safety and permanent maintenance of the right-of-way landscaping. Mrs. Marie Burroughs and Mr. Allen Akin added additional comment on their objection to the expansion and rezoning. The possibility of expanding the Wal-Mart store into portions of the existing structure was explored. This resulted in the owner identifying several problems attendant to that type of approach, those being primarily the leases of other tenants. Mr. Walker then offered rebuttal of the neighbors' comments and discussed the site plan in more detail. A general discussion followed with the Commission questioning various parties. The case was then called to the floor for a vote. A vote was taken on the application as amended to include the 25' strip of "R-2." The application failed by a vote of 0 ayes, 6 noes, 2 absent, 3 abstention (J. Nicholson, W. Ketcher, J. Summerlin). NOTE: The Commission stated for the record that the reasons for rejection of the rezoning were: (1) the adjacent residential neighborhood would be adversely affected, (2) Prior Street cannot act to hold the line between commercial and residential development.