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HomeMy WebLinkAboutZ-4774 Staff AnalysisDecember 16, 1986 Item No. 2 -- Z-4774 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Avis Mitchell J. Kay Holt 9624 West Markham Rezone from "R-2" to "C-1" Gift Shop/Art Studio with Retail Sales 0.25 acres Vacant Single Family SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-2" South - Church, Zoned "R-2" East - Single Family, Zoned "R-2" West - Office, Zoned "0-3" PLANNING CONSIDERATIONS: to The request is to rezone a residential lot from "R-2" to "C-1" with the proposed use being a gift shop/art studio with retail sales. The site is situated along the north side of West Markham Road, between I-430 and Barrow Road. This portion of West Markham is somewhat unique because of the zoning pattern that has developed over the years. To the west of this property, the zoning is primarily nonresidential and includes "0-2," "0-3," "C-3" and "PCD" with very few "R-2" parcels remaining. Between the property in question and Barrow Road, all of the lots are zoned "R-2" except for the southwest corner of Barrow Road and West Markham which is zoned "C-3." The land use along West Markham to the east is residential with nonresidential to the west towards the I-430/Shackleford Road area. The site abuts "0-3" property on the west and "R-2" lots on the north and east. The "0-3" track has one office on it, and a majority of it is owned by the church located directly across West Markham which uses it primarily for parking. Several months ago, a PCD application was filed for a portion of that property to allow a small scale shopping center. The request was finally withdrawn from consideration. An effort has been made over the years to establish an office corridor along West Markham and to avoid an undesirable commercial strip of which this rezoning proposal could be the start of. December 16, 1986 Item No. 2 - Continued 2. The site is occupied by one single family residence, and because of the lot's somewhat unusual shape, it has a fairly large rear yard area. 3. There are no right-of-way requirements or Master Street Plan issues. 4. A detailed site plan must be submitted in order to determine the access points and parking layout for the site. It appears from the drawing of the lot that access as well as parking will be a major problem. 5. There are no legal issues associated with this request. 6: There is no neighborhood position or documented history on the site. 7. Staff feels that the request is inappropriate for the location and does not support the "C-1" rezoning. This Position is consistent with attempts to rezone other locations in the immediate area for commercial purposes. Most recently, a "C-3" application was filed for 9923 West Markham just west of Oak Lane. Staff recommended denial of "C-3," and during the public hearing, the owner amended the request to "0-3" which was approved by the Planning Commission. Other cases have either been withdrawn or denied. The existing "C-3" center on the south side of West Markham was approved many years ago and a recent attempt to expand it was rejected by the City. The current request could establish unwanted precedent and lead to a commercial strip along this section of West Markham. The I-430 Plan recommends that the commercial zoning be concentrated at major intersections, such as West Markham and Shackleford, and not allow a random commercial Zoning pattern to develop. The request is in conflict with the I-430 Plan which shows the property for continued single family use. One final item is the Bill of Assurance for the Santa Fe Heights Subdivision. The Bill of Assurance states that "no lot shall be used except for residential purposes." The covenants were recorded in 1959 to run for a period of 25 years with automatic extensions of 10 year periods unless changed by a majority of the property owners through the necessary instrument. It appears that no changes have been made to this point. STAFF RECOMMENDATION: Staff recommends denial of the "C-1" request as filed.