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HomeMy WebLinkAboutZ-4639 Staff AnalysisApril 22, 1986 Item No. 9 - Z-4639 Owner: Parkway West Ltd. Applicant: Brad 'Walker Location: Bowman Road north of Hermitage Request: Rezone from "MF -12" to "C-3" Purpose: Commercial Size: 5.2 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "R-2" South - Vacant and Single Family, Zoned "MF -12" East - Single Family, Zoned "R-2" West - Vacant, Zoned "MF -12" and "MF -18" PLANNING CONSIDERATIONS: 1. The request, is to rezone a five -acre tract to "C-3" for an unspecified commercial use. The property is located at what will be the intersection of Bowman Road and the future extension of the Rock Creek Parkway. The 150 -foot "R-2" strip is the proposed alignment of the parkway. The zoning is "R-2," "MF -12," "MF -18" and "C-3" with the land use still being single family and some vacant parcels, including the "C-3" area to the north. The future extension of the Rock Creek Parkway will have some impact on the area, but also it provides the potential for establishing good and workable zoning lines. A large portion of the existing zoning in the immediate vicinity was accomplished through the Rock Creek Plan which identified significant amounts of land for commercial use and recognized the area in question for multifamily development which is a reasonable use of the land. The most recent rezoning action in the area was "MF -18" to the south. 2. The -site is vacant and heavily wooded. April 22, 1986 Item No. 9 - Continued 3. Bowman Road is shown on the Master Street Plan as a minor arterial with the future extension of the Rock Creek Parkway being identified as an expressway. Engineering will provide specifics on the need for dedication of additional right-of-way. 4. There have been no comments received from the reviewing agencies as of this writing. 5. There are no legal issues. 6. There is no documented neighborhood position or history on the site. 7. Any planning effort that has been undertaken for this area has always shown commercial land to be north of the future extension of the parkway. The I-430 Plan is no exception and recommends multifamily use for'the site. Staff's position is that the adopted land use plan should be maintained and does not support the request. There is an adequate amount of commercial land in the area that is undeveloped, including some to the east at Autumn and Hermitage Road which was accomplished through a court action and rezoning by the City. The need for additional commercial land does not exist at this time, and the property does have some development potential as a multifamily project. The plan shows a large commercial area at Markham and Bowman with another commercial node at Bowman and Kanis. Between those areas, land is identified for multifamily development which should be viewed as a viable transition zone. The rezoning of this land could encourage other commercial applications and the potential stripping out of Bowman between Markham and Kanis. STAFF RECOMMENDATION: Staff recommends denial of the "C-3" rezoning as filed. PLANNING COMMISSION ACTION: The applicant, Brad Walker, was present. There were seven objectors in attendance. Mr. Walker described the property in question and the general area. He went on to discuss the parkway extension and the need for it. Mr. Walker made a long presentation including traffic counts and discussion of the "C-3" district and the I-430 plan. Mary Laurie, a resident of the area, said she was representing the neighborhood and presented two petitions opposed to the April 22, 1986 Item No. 9 - Continued rezoning and a written statement. One petition was from the immediate area along Bowman Road and contained twenty-two names. The other petition represented residential neighborhoods to the west and had eighty-one signatures. Ms. Laurie said that the neighborhood was concerned with how commercial zoning would be stopped in the future if this request was approved. She went on to describe the existing zoning in the area and said that there was more than adequate amount of commercial land available. She pointed out that the quality of life was good in the neighorhood and that "C-3" was inappropriate for it. She also questioned the long range impacts of the proposed zoning on the area and said that the site had development potential because of existing "MF -12" zoning. Charles Lord discussed the I-430 plan in the area. He said that there was no demand for additional commercial zoning and read a statement from Rodney Parham, who opposed the C-3" request. Mr. Lord said that there was no reason to extend the commercial zoning on the south side of the proposed parkway and presented a written statement from Kay Kelly. Walter Kamps described the area and said that he enjoyed it becuase it was quiet. He also said that the area did not need any more commercial zoning. Marie Taylor said it would be better to keep the property multifamily and asked several questions. She felt that the "C-3" request was premature. Robert Chowning then addressed the Commission discuss the economic considerations and extension of the parkway. He said that the parkway is to be constructed through a voluntary improvement district and that the existing multifamily zoning on the property could not support the cost of the road. He also pointed out that without the rezoning, the property in question could not be part of the improvement district. Mr. Chowning said that the rezoning was compatible with the area and was needed for the improvement district to construct the road. Charles Lord spoke again and discussed the parkway and costs. Mr. Chowning made additional comments about the improvement district and said it could be formed within the next thirty days. Mr. Lord said the viability of the neighborhood was a major issue that needed to be addressed. Mr. Chowning and Joe White, engineer for the improvement district, discussed the parkway and the property in question. There was a long discussion about the all the issues. The Commission then voted on the "C-3" request as filed. The vote 6 ayes, 0 noes, 3 absent and 2 abstentions (William Ketcher and Dorothy Arnett). The rezoning was recommended for approval. A motion was then made and _ approved that directed the Planning Staff to reexamine the impact of the parkway.