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HomeMy WebLinkAboutZ-5668 Staff AnalysisMarch 23, 1993 ITEM NO. Z-5668 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Andrew J. McDonald as Bishop of the Roman Catholic Diocese of Little Rock Andrew J. McDonald by James E. Hathaway, Jr. West Markham and Chenal Parkway Rezone from R-5 to C-3 Commercial 17.6 acres Vacant SURROUNDING LAND USE AND ZONING North - Vacant, zoned R-2 South - Vacant, zoned C-3 East - Vacant, zoned C-2 West - Church, zoned R-5 STAFF ANALYSIS The property under consideration is currently zoned R-5, and the request is to rezone the 17 acres to C-3 for retail development. (Item No. 9 on this agenda is a conditional use permit request for the same site to allow a home center.) The acreage is located to the northeast of the Chenal Parkway/West Markham intersection, and the property has frontage on both roadways. At this time, the land is undeveloped and heavily wooded. There is a 50 foot water works easement that crosses a southern portion of the site. The property was rezoned for multifamily use as part of the original Rock Creek Plan in the mid -1970's. Zoning in the area is R-2, MF -12, R-5, C-2, C-3 and 0-3. The site abuts C-2 on the east, R-5 on the west and R-2 along the northern property line. The zoning around the Chenal Parkway/West Markham Intersection is primarily C-3 and a majority of the commercial land in the general vicinity is zoned C-3. Land use is a church, commercial and an AP&L service facility. A relatively high percentage of land is undeveloped, including the C-3 at the Chenal/West Markham intersection and the C-2 to the east. March 23, 1993 ITEM NO.: 6 Z-5668 (Cont.) Currently, the adopted plan shows the property for multifamily use because of the existing zoning. Because of the property's location, trends in the area and the existing zoning, a commercial reclassification does appear to be a logical alternative for the 17 acres. Commercially zoned land is found on two sides, and most of the intersection is zoned for commercial use. The land directly to the north is a dedicated open space area and it provides a good buffer for the residential uses to the north of the open space. No residential area should be affected by the proposed reclassification. On the west side, there is a church and any potential impacts from a commercial development on the church property could minimized by adequate buffering and landscaping along the common boundary. Staff's position is that a commercial rezoning is appropriate for the site, and will recommend a plan amendment to the Board of Directors if the C-3 is endorsed by the Planning Commission. For the record, approval of the requested C-3 rezoning does not endorse any access plan or location of two proposed outparcels. A plat will have to be filed to create the two lots and the conditional use permit will address the access issue. LAND USE PLAN ELEMENT There are two areas of Public -Institution (PI) use, either side of Rock Creek just west of the Markham-Chenal Parkway Intersection. This location is shown for a future park site on the Master Park Plan. Originally, other uses such as a city sub -center and branch library were discussed for this location; however, they have since been located elsewhere. The remaining use is park; therefore, the two PI use areas should be changed to Park/Open Space. A second change north and east of the intersection is due in part to changes in traffic patterns since the Rock Creek Plan and zoning were approved a decade ago. At that time, this site was at the end of Rock Creek Parkway with multifamily type uses on the north side of the parkway and office -commercial uses to the south (between the Parkway and Markham). The first change is to PI for an existing church and the second change is to commercial. The area to the east as well as the other three corners are zoned to commercial now. This change allows a similar use on similar land (Note: Until and unless the city adopts a policy to limit nonresidential uses based on expected demand (service area) from surrounding residential, it will be hard to justify not allowing a similar use on a similar site.) 2 March 23, 1993 ITEM NO.: 6 Z-5668 (Cont. ENGINEERING COMMENTS 1. Chenal Parkway requires a total right-of-way of 120 feet. The existing right-of-way is deficient and dedication of additional right-of-way will be needed. 2. It appears that the existing West Markham right-of-way is deficient and some dedication will be required. STAFF RECOMMENDATION Staff recommends approval of the C-3 rezoning request. PLANNING COMMISSION ACTION: (MARCH 23, 1993) (Note: Items No. 6 and 9 were discussed together.) The application was represented by Jim Hathaway. There were several other interested persons in attendance. Mr. Hathaway spoke and said that the proposed use, a home center, was a conditional use in the C-3 district. Mr. Hathaway went on to say that there were two actions before the Commission, 1) to rezone the 17.6 acres to C-3 and 2) to grant a conditional use permit for the Lowe's Home Center on 15 acres. Mr. Hathaway then introduced Dickson Flake and continued by discussing a proposed road and buffering the church. Mr. Hathaway noted that there were no objectors from the church, and an agreement had been worked out with the church concerning the buffer between the two properties. Mr. Hathaway said all the agreements would be in writing. Dickson Flake, representing the Catholic Diocese, owner of the site, discussed the proposed outparcels and access. Mr. Flake said that the plan was to avoid additional curb cuts on West Markham and Chenal Parkway. Jim Hathaway spoke again and told the Commission that a plat would be filed to create the lots. Sheldon Whittlesey, with JDN, Inc., the proposed developer, addressed hours of operation and lighting. Mr. Whittlesey said Lowe's would be opened Monday through Friday, 7:00 a.m. to 9:00 p.m. and Sundays from 6:00 to 10:00. He said the lighting would be typical for a commercial development, and poles would probably 30 to 35 feet high. 3 March 23, 1993 ITEM NO.: 6 Z-5668 Cont. Ruth Bell, League of Women Voters, discussed her concerns with noise, lighting and signage. Ms. Bell then addressed the height of the lighting and asked that it not have a visual impact on the area. Ms. Bell said she was pleased with the proposed C-3, and said C-4 was inappropriate. Bob Brown, Plans Review Specialist with the City, then responded to questions about buffering and landscaping. A long discussion followed about buffering and how the ordinance requirements would be applied to the site. It was determined that the property, for landscaping and buffering purposes, would be treated as one tract until it was replatted. Jim Hathaway spoke again and discussed the availability of commercial land. Mr. Hathaway said there was a shortage, and the property would not be used for affordable housing if it was not rezoned. Additional comments were offered by various individuals about landscaping and other issues. The Chairman then asked for a vote on rezoning the property from R-5 to C-3. The C-3 was recommended for approval by a vote of 8 ayes, 1 nay and 2 absent. (See Item No. 9 for additional information.) 4