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HomeMy WebLinkAboutZ-6915 Staff AnalysisSeptember 28, 2000 ITEM NO. ----3 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: FILE NO:: -Z -5915 - Max and Carolyn Davis Max Davis 13000 Chenal Parkway Rezone from 0-3 to C-3 Future retail development 3.22 acres Vacant land and medical clinic SURROUNDING LAND USE AND ZONING North - Wooded, floodplain; zoned R-2 South - Large, automobile sales business; zoned PCD East - New shopping center, under construction; zoned PCD West - Apartment Complex; zoned R-5 PUBLIC WORKS COMMENTS 1. Chenal Parkway is listed on the Master Street Plan as a principal arterial, dedication of right-of-way to 55 feet from centerline will be required. 2. Gamble Road is listed on the Master Street Plan as a collector street, dedication of right-of-way to 30 will be required, or file for right-of-way abandonment with the city clerk's office. With Buildinq Permit 3. Provide design of streets conforming to "MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 foot sidewalks with planned development. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 5. Stormwater detention ordinance applies to this property. PUBLIC TRANSPORTATION ELEMENT The site is not located on a CATA Bus Route. A bus route is located two blocks east of the site, at Chenal Parkway and West Markham Street. September 28, 2000 ITEM NO.-.--- 3 (Cont.) PUBLIC NOTIFICATION FILE NO.: -Z -5915 - All owners of property located within 200 feet of the site, all residents within 300 feet and the Parkway Place and Gibralter Heights/Point West/Timber Ridge Neighborhood Associations were notified of the rezoning request. LAND USE PLAN ELEMENT The site is located in the Chenal Planning District. The adopted Plan currently recommends MF, Multifamily for the site although it is zoned 0-3, General Office. A land use plan amendment has been filed asking that the Land Use designation be changed from Multifamily to Commercial; see LU00-19-02. Staff does not believe it is appropriate to change the plan to commercial, allowing potential commercial development to extend even farther down the Parkway. Staff believes it is appropriate to change the plan to Office to reflect the existing 0-3 zoning and to serve as a transition from the commercial the east to the multifamily on the west. The property lies within the area covered by the Rock Creek Neighborhood Action Plan which was approved by the Planning Commission on October 29, 1998 and the Board of Directors on December 15, 1998. Three actions within the "Office and Commercial Development Goal" of the action plan were: ■ Adopt a policy of adhering to the Land Use Plan. Amendments should be made very rarely, only with neighborhood_ input, and only when it can be clearly demonstrated that the amendment will enhance the quality of life in the Rock Creek Neighborhood. ■ Restrict the overgrowth of commercial development relative to residential development. ■ Aggressively use Planned Zoning Districts (PZDs) to influence more neighborhood -friendly and better quality developments. The only land use plan changes that came out of the action plan were to recognize two existing church sites as PI, Public Institutional. K September 28, 2000 ITEM NO. -:--3 (Cont. FILE NO-.:-Z-6915- The proposed rezoning and associated Land Use Plan Amendment do not conform to the goals and objectives of the Neighborhood Action Plan. STAFF ANALYSIS The request before the Commission is to rezone this 3.22± acre tract from "0-3" General Office to 11C-3" General Commercial district. A two-story building housing a medical clinic and a parking lot occupy the southwest '4 of the tract. The remainder is undeveloped. The property slopes down from Chenal Parkway to the rear so that the building has the appearance of one-story from the front and two - stories from the rear. No specific development has been proposed by the applicant. The property is located at the northwest corner of Chenal Parkway and Gamble Road. An area of undeveloped, R-2 zoned, floodplain is located north of the site. An apartment complex occupies the R-5 zoned property adjacent to the west. A large automobile sales business and a new shopping center occupy the PCD and C-3 zoned properties across Chenal Parkway to the south. A new shopping center is being built on the PCD zoned property across Gamble Road to the east. A large area of intense commercial development extends farther to the east, along Chenal Parkway and West Markham Street. Staff is not supportive of the rezoning request. The continued westward crawl of commercial development along the north side of Chenal Parkway has now reached a logical stopping point. At this point, the.nature of Chenal changes to a divided, "scenic" parkway. The properties along and off of the parkway are more residential. This existing, 0-3 zoned tract serves as a reasonable transition between the commercial development and the existing residential uses. The next commercial node, at Chenal Parkway and Kirk Road, has already recently been expanded to the east. Staff believes it is appropriate to limit further commercial expansion between the Chenal/Markham area and Chenal/Kirk. The property is zoned 0-3 which allows for a broad range of uses, by -right and conditional, beyond simply general office. 3 September 28, 2000 ITEM NO.: 3 (Cont.) STAFF RECOMMENDATION FILE NO.: Z-6915 Staff recommends denial of the requested C-3 zoning. PLANNING COMMISSION ACTION: (SEPTEMBER 28, 2000) This item was discussed concurrently with the Associated Land Use Amendment, LU00-19-02; see item 3.1 on this agenda. The applicant, Max Davis, was present. There were no objectors present. Staff presented the item and a recommendation of denial. Commission Chair Pam Adcock noted that there were only 8 commissioners present and offered the applicant the opportunity to defer the item. The applicant chose to pursue the issue. Max Davis addressed the Commission in support of his application. He stated that the existing medical clinic would remain and that he wanted to develop a small commercial use on the remaining undeveloped portion of the property. Mr. Davis made note of the number of nearby commercial uses. He also noted that there was no objection to the rezoning from area property owners, residents or neighborhood associations. Commissioner Earnest stated that he wanted to commend staff for their recommendation of denial. He stated that he recalled the acrimonious debate over the Target Store site, east of this property. Commissioner Rector asked Mr. Davis why he was requesting commercial zoning for the entire site when the medical office was to remain. Mr. Davis responded that he was agreeable to rezoning only the eastern half of the site, that portion that is undeveloped. Staff responded that the applicant could request rezoning of only the eastern portion of the lot but staff's recommendation would not change. Mr. Davis confirmed that he was amending his application to include only the eastern, undeveloped portion of the tract. A motion was made to approve the amended application. The motion failed with a vote of 1 aye, 7 noes and 3 absent. 4