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HomeMy WebLinkAboutZ-4859 Staff AnalysisDecember 1, 1987 Item No. A - Z-4859 Owner: Eddie C. and Lorene M. Hopper and Harold and Shirley Smith Applicant: Harold Smith Location: 1400 and 1404 Bowman Road Request: Rezone from "R-2" to 11C-3" Purpose: Commercial Size: 2.44 acres Existing Use: Single Family SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-2" South - Single Family, Zoned "R-2" East - Commercial, Zoned "R-2" West - Vacant, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The proposal is to rezone 2.4 acres on Bowman Road from "R-2" to "C-3" for an unspecified commercial use. The property is situated approximately 700 feet south of Kanis Road and in an area that is experiencing some changes since being annexed into the City. Over the last year, there have been several rezoning actions, and the land use is more diverse than when the area was outside the City. Land use includes single family, office, and various types of commercial activities. Also, a high percentage of the land is vacant, and there are still some nonconforming uses. The zoning is a mix of "R-2," "MF -12," "MF -18," "C-3," and PCD with a majority of the commercial tracts developed. There is also a "C-3" parcel that.has a conditional use permit for a mini -storage complex on it. The property in question abuts single family uses on the north and south with a nonconforming piece of commercial property to the east across Bowman Road. The site is surrounded by "R-2" zoning with the nearest 11C-3" land about 300 feet to the north. 2. The site is 2.44 acres in size and occupied by two single family residences. The property has a depth of 645 feet and includes two separate tracts of land. December 1, 1987 Item No. A - Continued 3. Bowman Road is classified as a minor arterial on the Master Street Plan. The right-of-way standard for a minor arterial is 80 feet and the existing right-of-way is deficient, so additional dedication will be required. 4. Comments from Engineering include: Right-of-way dedication and street improvements required on Bowman Road. . Stormwater detention required. Parking and access should be coordinated with the Traffic Engineer. 5. There are no legal issues. 6. The property was annexed to the City in 1985. There is no documented neighborhood position on the site. 7. This part of Bowman Road is in the I-430 District Plan which identifies the property under consideration for future multifamily use. Because of the commercial request being in conflict with the adopted plan, staff does not support the "C-3" rezoning. Other rezoning actions in the vicinity have conformed to the plan, and staff feels that the land use plan should be reinforced in this area by not endorsing this reclassification. On the west side of Bowman Road, the plan shows the southwest corner of Bowman and Kanis for commercial use with a multifamily development pattern to the south, including the site in question. For the east side, the plan extends the commercial area to include a large nonconforming use directly across -the street from the property. Staff is concerned that granting a commercial rezoning at this location could lead to strip zoning and have a potentially adverse impact on other residential properties. The I-430 Plan needs to be maintained as much as possible, and the approval of this rezoning could establish an undesirable precedent for the area. STAFF RECOMMENDATION: Staff recommends denial of the "C-3" rezoning request. December 1, 1987 Item No. A - Continued PLANNING COMMISSION ACTION: (July 28, 1987) The applicant, Harold Smith, was present. There was one interested resident in attendance. Mr. Smith described the area and discussed a possible deferral to try to include more property in the request. He reviewed the existing land use and discussed two nonconforming uses, a skating rink and a landscaping company. Mr. Smith also said that the neighborhood was trying to form a sewer improvement district. He then proceeded to discuss Bowman and Kanis Roads and said the first two blocks from a major intersection should be commercial. The staff reviewed the I-430 plan and answered questions. Olan Asbury, a realtor, spoke and said that he did not agree with the plan and asked for more time to work with the staff. Mr. Asbury indicated that the Kanis and Bowman intersection was a natural commercial location and the plan's recommendation for a multifamily use was not feasible. There were some additional comments and several Commissioners indicated a rezoning action without benefit of a plan or proposal would be premature. Another Mr. Smith, a resident to the south, discussed the issue and asked some questions. Mr. Harold Smith then requested a 12 week deferral. A motion was made to defer the item to the October 20, 1987, meeting. The motion was approved by a vote of 8 ayes, 0 noes, 2 absent, and 1 open position. PLANNING COMMISSION ACTION: (10-20-87) Staff informed the Commission that the applicant had submitted a written request for a deferral to the December 1, 1987, meeting. A motion was made to defer the item as requested. The motion was approved by a vote of 11 ayes, 0 noes, and 0 absent. PLANNING COMMISSION ACTION: (12-1-87) (Items A and No. 3, Z-4859 and Z -4859-A, were discussed together.) The applicant, Harold Smith, was present and said that he was representing all the property owners. There were no objectors. Mr. Smith discussed at length the properties involved and impacts from the skating rink across Bowman Road. He also presented a survey of the site and distributed a letter from the skating rink owner to the Planning Commission members. Mr. Smith told the Planning Commission that the skating rink was creating a lot of problems for the area and showed some photos. He went on to address the staff's recommendation of "MF -18" and said a multifamily development was unrealistic for the site. He also said that development at West Markham and Bowman will have an impact on the Kanis/Bowman intersection because of December 1, 1987 Item No. A - Continued increased traffic flow and other factors. Mr. Smith told the Commission that he has tried to sell his property for a number of years, but because of the location no one has expressed any interest in the land. Eugene Smith, another property owner, addressed the Commission and reinforced the comments made by Harold Smith. Harold Smith then reviewed the "C-2" district and said "MF -18" was undesirable. Staff then discussed the I-430 District Plan and that a multifamily reclassification was a reasonable use of the land. Additional comments were offered by various individuals and Mr. Smith then amended the rezoning to "MF -18" for both Z-4859 and Z -4859-A. A motion was made to recommend approval of "MF -18" as amended. The motion passed by a vote of 10 ayes, 0 noes and 1 absent.