Loading...
HomeMy WebLinkAboutZ-6439 Staff AnalysisApril 2, 1998 ITEM NO.: B Owner: Applicant: Location: Request: Purpose: Size: Existing Use: FILE NO.: Z--6439 Edward G. & Patricia A. Matthews J. Gardner Lile Southwest corner of Kanis Road and Edswood Road Rezone from R-2 to C-3 Future commercial development 5.5 acres Undeveloped, wooded SURROUNDING LAND USE AND ZONING North - Undeveloped, zoned R-2 and MF -24; Single Family, zoned R-2; Restaurant and Paint and Body Shop, zoned C-3 South - Undeveloped, zoned R-2 East - Undeveloped, zoned C-3 West - Undeveloped, zoned AF PUBLIC WORKS COMMENTS 1. Dedicate 55 feet of right-of-way from the centerline of Edswood Road (West Loop). 2. A 20 foot radial dedication of right-of-way is required at the intersection. 3. Kanis Road is listed on the Master Street Plan as a minor arterial. A dedication of right-of-way will be required to 45 feet from centerline. 4. One-half street improvements are required with any planned development for Kanis Road and Edswood Road per the Master Street plan or provide in -lieu contribution of 15% of development costs at time of construction. Depending on type of development a right turn lane and additional right-of-way dedication may be required prior to construction. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 6. Stormwater detention ordinance applies to this property. 7. Grading permit will be required on this new development, if it disturbs more than one acre. 8. All driveways shall be concrete aprons per City Ordinance. 9. Driveways shall conform to Sec. 31-210 or Ordinance 16,577. Arpil 2, 1998 ITEM NO.: B Cont. FILE NO.: Z-6439 10. Kanis Road has a 1995 average daily traffic count of 5900 vehicles. PUBLIC TRANSPORTATION ELEMENT The site is not located on a CATA Bus Route. LAND USE ELEMENT The site, located in the Ellis Mountain District, is shown as commercial on the Land Use Plan. The request is in conformance with the Plan. STAFF ANALYSIS The request before the Commission is to rezone this undeveloped, 5.5 acre tract from R-2 Single Family to C-3 General Commercial. The property is located at the southwest corner of Kanis Road and Edswood Road. The site is outside of the corporate city limits but is within the City's Planning and Zoning Boundary. The area is very rural in nature with the primary land uses being large tracts of undeveloped woodlands and single family homes on larger tracts of property. There are several nonresidential uses scattered along Kanis Road, some of which are nonconforming. Immediately adjacent to this site are several nonresidential uses and nonresidentially zoned properties. The vacant tract across Edswood Road to the east is zoned C-3. Across Kanis Road, to the north, is a large, undeveloped tract which is zoned MF -24, an R-2 zoned residential property and a C-3 zoned tract containing a restaurant and an auto paint and body shop. An undeveloped, AF zoned tract is adjacent to the west. The R-2 zoned property, to the south, is for the most part undeveloped and wooded. It is important to note that this tract is located within the commercial node established by the Land Use Plan for the intersection of Kanis Road and the West Loop. Kanis Road is designated as a minor arterial street by the Master Street Plan. The West Loop is a principal arterial street which extends from Chenal Parkway on the north to Interstate 30 on the south. On the north, the West Loop ties into Rahling Road which extends on to Cantrell Road. The West Loop is shown by the Master Street Plan to follow the alignment of Edswood Road and past Land Use Plan and zoning decisions have been based on the assumption that the Kanis/Edswood intersection will be the intersection of a major arterial and minor arterial streets. E Arpil 2, 1998 ITEM NO.: B Cont. FILE NO.: Z--6439 Staff believes the requested C-3 zoning conforms to the Ellis Mountain District Land Use Plan which shows a commercial node at this intersection. The C-3 zoning request is also compatible with established uses and zoning in the immediate vicinity. STAFF RECOMMENDATION Staff recommends approval of the requested C-3 zoning. PLANNING COMMISSION ACTION: (FEBRUARY 19, 1998) The applicant was present. There were several objectors present. Staff presented the item and a recommendation of approval. J. Gardner Lile addressed the Commission in behalf of his application. He described the site's conformance with the land use plan. Mr. Lile also discussed the commercial mode which would be established by the intersection of Kanis Road and the West Loop. Lloyd Munsey, an area property owner, spoke against the proposal. He stated that he did not object to the site being developed for offices but was concerned about the potential uses permitted in C-3. Raylene Smith, an area property owner, spoke against the proposal. She stated that commercial zoning would be more acceptable if it did not extend so far down Edswood Road. Stewart Scholl, of 611 Edswood, spoke against the rezoning. He also stated that he would not be opposed to office zoning but was concerned about the uses permitted in C-3. John Bailey, of 424 Longway Dr., also stated that he was not opposed to the site being developed for an office use but he was opposed to C-3 zoning. Anne Childs, of 18211 Kanis Road, stated that she was opposed to the rezoning request. In response to a request from the Planning staff, David Scherer of the Public Works Department described what the Master Street Plan proposed for the intersection of Kanis Road and Edswood Road (West Loop). He stated that the intersection design would be comparable to the existing intersection of West Markham Street and N. University Avenue. Mr. Scherer also stated that there was a county project in the works to improve Kanis Road. KI Arpil 2, 1998 ITEM NO.: B Cont.) FILE NO.: z-6439 various commissioners expressed concerns about the proposed alignment of the West Loop, the City's excavation ordinance and the sight distance at the intersection of Kanis and Edswood Roads. Jim Lawson, Director of Planning and Development, stated that the zoning request conformed to the adopted Land Use Plan. He stated that previous zoning actions in the area had been influenced by the Plan. Other commissioners voiced concern about following the Plan. Mr. Lile stated that the proposed use was a small office. Commissioner Adcock asked why 0-3 General Office zoning was not requested. Mr. Lile stated that the proposed use was more correctly described as an office warehouse. During a break in the proceedings, staff met with the applicant and the neighbors to determine if an agreement could be reached. After the hearing resumed, Mr. Lile offered to zone the southern half of the tract 0-3 and the northern half C-3. Several neighbors stated that C-3 was unacceptable. A motion was made to defer the item to the April 2, 1998 Commission meeting to allow the applicant time to meet with the neighbors. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (APRIL 2, 1998) The applicant was present. There were several objectors present. Staff presented the item and a recommendation of approval. Several letters of objection had been presented to the commissioners. The applicant, J. Gardner Lile, addressed the Commission. He stated that he had seen the letters of objection and commented that the letters seemed to focus on street and utility issues rather than opposing the rezoning. Mr. Lile pointed out that the rezoning request conformed to the adopted land use plan which recommended this intersection as a commercial node. He stated that he agreed with Public Works Comments and that street improvements would be made when the site was developed. Mr. Lile stated that plans were currently being prepared by the Garver and Garver Engineering firm for an approved project to improve Kanis Road. Mr. Lile speculated that water and sewer service would be extended to the site by 1999. Mr. Lile then presented a map showing other C-3 and MF zoned properties in 4 Arpil 2, 1998 ITEM NO.: B (Cont.) FILE NO.: Z-6439 the area. He concluded by stating that the rezoning request was filed in good faith, based on the City's adopted Land Use Plan. Janet Scholl, of 611 Edswood, spoke in opposition to the rezoning. She stated that she was opposed to C-3 or 0-3 rezoning without a specific development proposal. Raylene Smith, of 811 Edswood, spoke in opposition. She passed out a document showing 1997 traffic counts on Kanis and Chenal Parkway. Ms. Smith stated that there were sight distance problems at the intersection of Kanis and Edswood Roads. She stated that an individual at Garver and Garver had told her that there were no funds available for Kanis Road improvements. Ms. Smith stated that she felt the rezoning request was premature and that she would like to see Kanis Road improved first. Ann Childs, of 18,211 Kanis Road, spoke in opposition. She stated that her opinion was the same as the previous opponents. Ms. Childs stated that she would like to see a specific development plan. Commissioner Nunnley stated that the request to see a specific plan seemed reasonable to him. Mr. Lile responded that no specific development was proposed at this time. He stated that possible office/warehouse development might occur within the next 2-3 years with commercial development possibly occurring sooner. In response to a question from Commissioner Hawn, staff stated that the Land Use Plan was adopted for this area in 1991. Commissioner Hawn commented that the adopted Plan showed this intersection as a commercial node. Commissioner Rahman commented that he was discouraged that the applicant and the neighbors had been unable to reach a compromise. He suggested to Mr. Lile that he came back to the Commission when he had a plan for a specific use. Mr. Lile stated that the land sale was contingent upon the property be rezoned to C-3. In response to a question from Commissioner Berry, David Scherer of the Public Works Department discussed the alignment of the West Loop and its intersection with Kanis Road at this location. Commissioner Adcock asked why the alignment couldn't be moved. Mr. Scherer responded that to a degree the alignment was set by existing streets, intersections and terrain. He speculated that limited movement of the alignment might be possible. 5 Arpil 2, 1998 ITEM Na.• B Cont. FILE NO.• Z-6439 A motion was made to approve the C-3 rezoning request. The motion was denied by a vote of 3 ayes, 7 noes and 1 absent. 6