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HomeMy WebLinkAboutZ-4765 Staff AnalysisJanuary 13, 1987 Item No. D - Z-4765 Owner: David Kennedy Applicant: Same Location: Autumn Road North of Hermitage Road Request: Rezone from "R-2" to "0-3" Purpose: Office Size: 9.3 acres Existing Use: Single Family SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-2" South - Vacant and Church, Zoned "R-2" and "C-3" East - Single Family, Zoned "R-2" West - Single Family, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The request is to rezone a 9.3 acre tract from "R-2" to 110-3" for an unspecified office development. The site is located on Autumn Road north of Hermitage Road and adjacent to the Birchwood Subdivision on two sides. The land use is still primarily single family in the intermediate area with the major nonresidential development taking place to the east at Shackleford and Financial Centre Parkway. The zoning is made up of "R-2," 110-2," "0-3" and "C-3" with a high percentage of the nonresidential tracts still undeveloped. Some of the existing "C-3" at the intersection of Autumn and Hermitage was established through the resolution of an annexation suit. The property abuts "R-2" zoning on four sides with the exception of the southwest corner which is adjacent to "C-3." Based on development trends in the area and future circulation patterns, it appears that the property has some potential for nonresidential use. 2. The site is primarily wooded with a single family residence occupying the northwest corner. 3. Currently, the Master Street Plan identifies Autumn Road as only a residential street. There has been some discussion of changing this status because of a proposal to create an at grade intersection with the future extension of the Financial Centre Parkway/I-630. January 13, 1987 Item No. D - Continued If such an amendment is made to the Master Street Plan, then it appears that some additional right-of-way dedication will be required. 4. There have been no adverse comments received from the reviewing agencies as of this writing. 5. There are no legal issues associated with this request. 6. Relative to this particular rezoning request, the immediate neighborhood has not expressed any position. In the past, the Birchwood area has always been very involved with any rezoning development proposals in the area. There is no documented history on the site. 7. This area is experiencing many development pressures, primarily because of the proposed extension of I-630 to the west. There is a significant office development to the east, and it is anticipated that once the extension is completed, that type of a land use pattern will follow the parkway to Bowman Road. The current I-430 District Plan shows the location in question for continued single family use, and that was based on the status of Autumn Road. Should the contemplated intersection with Financial Centre Parkway become a reality and the necessary Mester Street Plan change is accomplished, staff is of the opinion that a well -coordinated office development is a reasonable use o.f the land. Because of the single family involvement in the area, staff feels that an 110-2" reclassification is more appropriate to ensure site plan review. Also, to provide additional protection to the abutting single family lots, staff suggests a 50 -foot "OS" strip along the north and east sides of the property. And finally, to the east of the site there is an existing right-of-way, and it is recommended that it be abandoned. This would allow the various landowners abutting it to gain additional land area and lessen the potential impact of the 50 -foot strip on the site under consideration. STAFF RECOMMENDATION: Staff recommends approval of 110-2" and not "0-3" as filed with a 50 -foot "OS" strip along the north and east sides. January 13, L987 Item No. D - Continued PLANNING COMMISSION ACTION: The owner was represented by Ed Willis. There were three objectors in attendance. Mr. Willis said that the owner had agreed to amending the rezoning to "0-2" and placing "0-3" height restrictions on the property through the zoning action. Mr. Willis then discussed the proposed street closure to the east and said he had no problems with the 50 -foot "OS" buffer being measured from the eheight stretclosure line. There were several comments made about issue, and the City Attorney indicated that a rezoning action could have conditions attached restricting the height 45 feet. Mrs. Zadie Gamble then spoke and said she supported the rezoning request. She also submitted for the record a newsletter that was being distributed throughout the neighborhood. Lee Cowan spoke against the rezoning and said that nonresidential zoning keeps getting closer and closer. She said the residential area was a good neighborhood and expressed concern with the height and traffic increases. There was a long discussion about the street system and the proposed change to the Master Street Plan for Autumn Road. Mr. Willis said that the City Engineer wanted Autumn Road to be opened and reviewed the design for the proposed parkway extension. Martha Fleming, a resident at the corner of Birchwood and Autumn, said she was opposed to the rezoning and that it would destroy the neighborhood. She also indicated that the buffer would provide no protection and had problems with the potential widening of Autumn Road. Donna Ztchieson opposed the rezoning and described the neighborhood as being affordable and stable. She said that the neighborhood experienced problems when West Markham was closed, and the same thing would occur if Autumn was made into a collector. Autumn Road and the proposed Master Street Plan amendment were discussed at length. Mr. Willis said that Autumn Road needed to remain open because it was the only accessible point between Shackleford and Bowman Roads. There was some discussion about the area to the west and Birchwood Drive. Several. Commissioners then expressed concerns about impacts from traffic and requested the staff to review possible options for traffic control. There were a number of comments made by the various individuals. A motion was made to recommend approval of the amended request to 110-2" with a 50 -foot "OS" strip on the north and east sides. January 13, 1987 Item No. D - Continued There was some discussion about a possible deferral, and Mr. Willis said he had no objections to that. A second motion was made to table the previous motion and defer action to the December 16, 1986, meeting. The motion passed by a vote of 8 ayes, 0 noes, 2 absent, and 1 abstention (Fred Perkins). PLANNING COMMISSION ACTION: (12-16-86) (NOTE: ITEM B AND ITEM NO. 20 WERE DISCUSSED TOGETHER). The applicant, Ed Willis, was present. There were no objectors in attendance. Jim Lawson of the City Planning staff spoke first and discussed the proposed Master Street Plan amendment for Autumn Road. Mr. Lawson said that an agreement was being developed that would require a full intersection to be constructed for Autumn Road with the Parkway extension and that all details needed to be finalized prior to the office rezoning issue being forwarded to the Board of Directors. Mr. Lawson made several additional comments about the Master Street Plan issue and the zoning request. Bob Lane, Director of the Public Works Department, then addressed the proposed change to the Master Street Plan and presented some background information. There were a number of comments made about the proposed road and the improvement district. Mr. Lane spoke again and said that all the street requirements needed to be tied down. Joe White, engineer for the improvement district, addressed the design of the proposed road and said the road would not be built until 1989. Staff then reviewed several options for the Master Street Plan amendment and recommended Option One which proposes a full intersection for Autumn Road and the Parkway extension. Ed Willis then discussed the property under consideration and circulation in the area. He also reviewed the proposed agreement which will specify right-of-way requirements and location of curb cuts. Commissioner Jones then stated for the record that if the City agrees with the full intersection, then the improvement district should pay for the intersection improvements. There was a long discussion about the various issues. A motion was made to defer both Items B and No. 20 to the January 13, 1987, meeting. The motion was approved by a vote of 9 ayes, 1 noe, 0 absent and 1 abstention (Fred Perkins). PLANNING COMMISSION ACTION: (1-13-87) (NOTE: ITEMS D AND E WERE DISCUSSED TOGETHER). The applicant, Ed Willis, was represented by Wes Lowder. January 13, 1987 Item No. D - Continued There were no objectors present. Mr. Lowder spoke briefly and discussed the plans for the Parkway extension. Mr. Willis then addressed the Commission and responded to several questions. He said that he did not foresee any problems with working out the financing for the street improvements and went on to say that the entire intersection for Autumn Road and the Parkway extension needed to be constructed at one time. Commissioner David Jones then spoke and clarified remarks he made at the December 16, 1986, meeting concerning the proposed intersection. He said that the intent of his previous statement was that the cost be shared by all the various parties and not just by the road improvement district as refl'eoted in the minute record for the December 16th meeting. There was a long discussion about the proposed road and the intersection. Mr. Willis then said he was willing to work with the district and dedicate any needed right-of-way at no cost to the district. He also said that third parties would be responsible for any improvements outside of the right-of-way. There were a number of comments made about the various issues and Mr. Willis said he was only interested in the office rezoning if a full intersection with Autumn Road and the Parkway extension is constructed. Don McChesney, City Engineer, said that there was no final design at this time but the issue was just a Master Street Plan change which the City supported. He also said that the necessary improvements would be done. Joe White, Engineer for the improvement district, had no objections to the proposed Master Street Plan amendme_nt..Mark Lester, representing the Office Park West Partnership, then discussed a proposed median cut east of Autumn Road. Mr. McChesney said that the median cut would not be affected one way or another by the pending action. Jack Williams, attorney for the improvement district, discussed the cost and said that the district had no problems with the Master Street Plan change. The public hearing was then declared closed. The Planning Commission first voted to recommend approval of the Master Street Plan amendment. The vote 9 ayes, 0 noes, 0 absent, and 2 abstentions (Rose Collins and Fred Perkins). The Commission / then voted on a motion to recommend approval of 110-2" and �! "O -S" for the north and east 50 feet. The motion passed by a vote of 8 ayes, 1 no, 0 absent, and 2 abstentions (Rose Collins and Fred Perkins).