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HomeMy WebLinkAboutZ-4678 Staff AnalysisNovember 11, 1986 Item No. F-1 - Z-4678 Owner: Hurley -Whitwell Realty, Inc. Applicant: Steven E. Whitwell Location: Kanis and Shackleford, SE Corner Request: Rezone from "0-3" to "C-3" Purpose: Commercial/Eating Place Size: 0.5 acres Existing Use: Vacant Building SURROUNDING LAND USE AND ZONING: North - Office, Zoned "0-3" South - Single Family, Zoned "0-3" East - Single Family, Zoned "O-3" West - Vacant, Zoned "C-2" PLANNING CONSIDERATIONS: le The request is to rezone the tract from "0-3" to "C-3" to allow a restaurant. The property is located at the southeast corner of the Kanis Road and Shackleford Road intersection. The area is part of the I-430 corridor that has experienced substantial rezoning changes over the last five to seven years. Most of the immediate area has been rezoned to either an office or commercial district with some multifamily zoning on the east side of I-430. There is also some "R-2" land along Kanis to the west of Shackleford. The land use is a mix of residential and nonresidential uses, primarily office, with a large percentage of land still vacant. The site under consideration is part of an area between I-430 and Shackleford south of Kanis that is zoned either 110-2" or "0-3." Along Shackleford south of I-630/Financial Parkway, the commercial zoning has been restricted to the west side of Shackleford Road and a majority of that land is either undeveloped or used for offices. There is some 11C-3" land east of I-430 and it is part of the Baptist Medical Center's campus: --The zoning pattern that has developed over the years is working and provides for both commercial and office growth. November 11, 1986 Item No. F-1 - Continued 2. The site is approximately one-half acre in size and occupied by a vacant commercial building. 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. 4. There have been no adverse comments received from the reviewing agencies as of this writing. 5e There are no legal issues. 6. There is no documented neighborhood position on the property. The site was annexed into the City with the structure in place. 7. The I-430 Plan recommends office use for the southeast corner of Kanis and Shackleford Roads and staff does not support the "C-3" request. The Plan identifies the southwest corner for commercial development and the amount of "C-2" at that location was increased recently by a comprehensive rezoning for a larger tract. Shackleford provides a reasonable line between the existing zoning, office and commercial, and staff feels that it should be left undisturbed. The zoning of the property in question could lead to additional commercial rezonings on the east side of Shackleford and also further to the east on Kanis which would create an undesirable development pattern. STAFF RECOMMENDATION: Staff recommends denial of the "C-3" rezoning as filed. PLANNING COMMISSION ACTION: (6-24-86) The applicant, Steve Whitwell, was present. There was one objector in attendance. Mr. Whitwell discussed the "C-3" proposal and described the general area. He said because of the existing development and zoning patterns in the vicinity, the "C-3" would not have an impact. Craig Burns representing the Farm Bureau then spoke. He said the Bureau was against the rezoning and pointed out that the Farm Bureau had just purchased two acres immediately east of the site in question. Mr. Burns indicated that the Farm Bureau was concerned with litter, security, sewer, and parking overflow on to their property. He also said that there was no need for additional restaurants in the area and the rezoning could lead to a strip effect. At that point, there was some discussion about rezoning to "0-2" and applying for a conditional use permit for the restaurant. Mr. Burns said November 11, 1986 Item No. F-1 - Continued that the Farm Bureau would be opposed to the "0-2" with a conditional use permit. Mr. Whitwell then spoke again. He discussed the issue at length and requested a vote on "C-3." There was a long discussion about "0-2" and "C-2." At that point, Mr. Whitwell amended the application to "C-2." A motion was made to recommend approval of the "C-2" request as amended. The vote: 5 ayes, 2 noes, 3 absent, and 1 open position. The motion failed and the item was deferred to the July 8, 1986, meeting. PLANNING COMMISSION ACTION: (7-8-86) The applicant, Steve Whitwell, was present. There was one objector in attendance. 'Mr. Whitwell discussed the proposal and requested "C-3" for the site as originally filed. He went on to present some history of the site and described the area and the intersection which he said was an appropriate commercial location. Mr. Whitwell then addressed the Farm Bureau's objections and said that the site had adequate access on three sides. Craig Burn of the Farm Bureau then spoke. He said that the rezoning would establish precedent for strip zoning on Kanis and that it violated the I-430 plan. Mr. Burns also made several comments about the Farm Bureau's written statement that had been submitted to the Commission. Mr. Whitwell then indicated he desired "C-3" and amended the request from "C-2" to "C-3." The Commission then voted on the "C-3" rezoning. The vote 2 ayes, 6 noes, 2 absent, and 1 open position. The request was denied. PLANNING COMMISSION ACTION: (11-11-86) (The rezoning issue was referred back to the Planning Commission by the City Board of Directors.) The applicant, Steve Whitwell, was present. There were no objectors in attendance. Staff reported that Mr. Whitwell had submitted a letter amending the rezoning request to "0-2" and then indicated support for the "0-2" reclassification and the conditional use permit for the eating place. Mr. Whitwell discussed the proposed site plan and access to the property. He also agreed to the staff's conditions for the conditional use permit. A motion was then made to recommend approval of the 110-2" request as amended and the conditional use permit. The Commission voted on two issues simultaneously. The vote: 8 ayes, 0 noes and 3 absent. Both the rezoning to "0-2" and the conditional use permit were approved. 1. Meeting Date: August 5, 1986 2. Case No.: Z-4678 3. Request: Rezone from."O-3" to "C-3" 4. Location: Kanis and Shackleford Road southeast corner 5. Owner/Applicant: Hurley -Whitwell Realty Inc./Stephen E. Whitwell 6. Existing Status: Vacant Building 7. Proposed Use: Commercial/Eating Place 8. Staff Recommendation: Denial of the "C-3" request 9. Planning Commission Recommendation: Denial of "C-3" as filed 10. Recommendation Forwarded With: 2 ayes, 6 noes, 2 absent and 1 open position 11. ā¯‘bjectars: One objector was present. That person indicated that he was representing the Farm Bureau and voiced concerns over issues such as potential strip zoning of Kanis Road, the proposal being in conflict with the adopted I-430 plan, parking and several other items. November 11, 1986 SUBDIVISIONS Item No. F NAME: Kanis Road Conditional Use Permit (Z-4745) LOCATION: The southeast corner of Kanis and Shackleford Road (10721 Kanis Road) OWNER/APPLICANT: Hurley/Whitwell Realty Company, Inc.,/Stephen E. Whitwell PROPOSAL: To down zone the property from "0-3" to "0-2" and toobtain a conditional use permit which would allow the conversion of an approximate 2,000 square feet building to a restaurant on .55 acres. 1. Site Location 2. 3. The site is at the intersection of two major streets, in an area where office and commercial development is anticipated. A sit-down restaurant such as this, with no drive-through service, is appropriate for the area. Compatibility with Neighborhood To the north is an office building. Vacant tracts to the west and northwest are zoned commercial. Existing single family residential uses to the south and east are on land zoned for office use. On -Site Drives and Parking Engineering has indicated that the layout as shown is not acceptable. A revised plan is being prepared. Sufficient parking spaces have been indicated, based on the ordinance requirements. 4. Screening and Buffers The revised plan is to provide the required 2j --f ew landscaped qtr-i_p_adj.-ace-n--t.o. Kan.is and Shackleford Road . Also, a 12 feet landscaped area and a six feet November 11, 1986 SUBDIVISIONS Item No. F - Continued opaque fence will buffer the, adjacent residences located to the south. The trash receptacle will be at the rear of the building, screened from view on four sides. 5. Analysis The approach being used will permit a specific commercial use without rezoning to commercial. Rezoning could lead to strip commercial development to the east and south. Although the I-430 Plan calls for this site to be "major offices," a restaurant use is permitted by conditional use permit in the "0-2" District. Since the proposed use is appropriate and appears compatible with the office and commercial zoning nearby, adverse impacts should not be a problem. Adequate provisions for parking and trash will be made, assuming that the technical requirements of the Traffic Engineer are met. While it is understood that there will be no dance floor, live entertainment or drive-through window, it would be helpful to spell this out in the conditions of the approval, so that in the future there will be no administrative doubt or adverse impact relating to such activities. 6. Cit Engineering Comments The layout as shown is not acceptable. Please contact the Traffic Engineer as soon as possible in order to get proper layout for the site. 7. Staff Recommendation Approval, subject to the revised pian meeting the approval of the Traffic Engineer and no drive-through, dance floor, or live entertainment being allowed. SUBDIVISION COMMITTEE REVIEW: The applicant was not present. The staff said that a revised site plan had been received that met most requirements, but did not reflect the following City Traffic November 11, 1986 SUBDIVISIONS Item No. F - Continued Engineer requests. The Traffic Engineering comments are: (1) The driveways to be used by the project need to be rebuilt to conform and line up with the internal drives; (2) the west driveway along Kanis Road should be closed for traffic safety reasons. In addition, the spacing of driveways along an arterial street (Kanis) should be 300 feet minimum. In order to facilitate internal flow, it may be better to allow a connector road on the north side of the building; and (3) request reducing the 12 feet buffer to 8 feet along the south property line to obtain a wider driveway. PLANNING COMMISSION ACTION: (10-14-86) The applicant was present. Mr. Craig Burns represented the Farm Bureau and opposed the proposed use. The applicant stated that he would submit a revised site plan that would meet the City Traffic Engineer's requirements. The Commission then voted 5 ayes, 1 no (Jones) and 5 absent to approve the application. The item was then automatically deferred until the November 11, 1986, Planning Commission meeting due to the fact that 6 affirmative votes are necessary for approval. SUBDIVISION COMMITTEE REVIEW: The applicant was present. The staff stated that the Board of Directors had sent the proposed "0-2" rezoning back to the Commission so that action could be taken simultaneously on the rezoning and the conditional use permit request. The staff reminded the applicant that a revised site plan was needed. The applicant agreed to comply. November 11, 1986 SUBDIVISIONS Item No. F - Continued PLANNING COMMISSION ACTION: (11-11-86) The applicant was present. The staff stated that the applicant had submitted a revised site plan that met all City Traffic Engineering requirements. The Commission then voted 8 ayes, 0 noes, 3 absent to approve the application as recommended by the staff, reviewed by the Subdivision Committee, and agreed to by the applicant.