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HomeMy WebLinkAboutZ-7740 Staff AnalysisDecember 16, 2004 ITEM NO.: 4 Owner: Applicant: Location: Area: Request: Purpose: Existing Use: M FILE NO.: Z-7740 Malott Partnership/J.D. Malott, M.D. Tracy Tisdale 10905 W. Markham Street 4.53 Acres Rezone the north 2.42 Acres from R-2 to C-3 and the south 2.11 Acres from R-2 to OS. Independent Living Retirement Center Vacant retirement center/nursing home SURROUNDING LAND USE AND ZONING North — Mixed Commercial uses (across W. Markham Street); zoned C-3 South — Floodway and single family residences; zoned R-2 East — Mixed Commercial uses (along W. Markham Street and Shackleford Road); zoned C-3 West — Mixed Commercial uses; zoned C-3 and R-2 A. PUBLIC WORKS COMMENTS: With Building Permit: 1. West Markham is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. Show current right-of-way width on the survey. 2. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 3. A Special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to any construction or re -development of the site. 4. Substandard driveway grades and locations must be corrected with any future construction or redevelopment of the site. December 16, 2004 ITEM NO.: 4 (Cont.) FILE NO.: Z-7740 B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Route 5 (W. Markham Street Route). C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Birchwood and Beverly Hills Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a change from R-2 Single Family District to C-3 General Commercial District for an independent senior living center. The request does not require a change to the Land Use Plan, Master Street Plan: Markham Street is shown as a Minor Arterial on the Master Street Plan and Shackleford Road is shown as a Minor Arterial south of Markham Street and a Collector north of Markham Street. The purpose of a Minor Arterial is to provide connections to and through an urban area and the primary function of a Collector Street is to provide a connection from local streets to arterials. Markham Street may require dedication or right-of- way and may require street improvements. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Markham Street since it is a Minor Arterial. Existing or proposed Class I, II, or III bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Walnut Valley Neighborhood Action Plan. The Open Space and Recreation Goal states: "Retain open space and green areas throughout the neighborhoods with non -vehicular connections." An action statement directly related to this goal is "Develop a trail system along Rock Creek connecting Birchwood Park with City owned parkland at the northwest corner of Bowman Road and Markham, where possible include other existing open `green area' along Rock Creek." Birchwood Park and Rock Creek are south of the 2 December 16, 2004 ITEM NO.: 4 (Cont.) FILE NO.: Z-7740 property and should have a positive relationship to the existing park and the creek by not turning its back on it since the neighborhood envisions it as a part of a potential greenbelt trail system. E. STAFF ANALYSIS: Malott Partnership, owner of the 4.53 Acre property at 10905 W. Markham Street, is requesting to rezone the north 2.42 Acres from "R-2" Single Family District to "C-3" General Commercial District. The rezoning is proposed in order to rehabilitate the existing structure on the site for use as an independent living retirement center. The property currently contains a one-story brick, block and metal building which previously housed the West Markham Retirement Center. There is a paved parking area on the north side of the building, with two (2) access drives from W. Markham Street. The property slopes downward from front to back (north to south). The rear (south) 2.11 Acres of the property is undeveloped and located in the floodway. The general area contains a mixture of uses. Mixed commercial uses are located north, east and west of the property. The floodway for Rock Creek and the Birchwood Neighborhood are located to the south and southwest, with Mixed Office and Commercial uses further south along Financial Center Drive. The City's Future Land Use Plan designates this property as Commercial. The requested zoning change to C-3 does not require a change to the Land Use Plan. Staff is supportive of the requested C-3 zoning. Zoning the north 2.42 Acres of this property to C-3 will continue the pattern of commercial zoning along the south side of W. Markham Street. Additionally, it will allow the rehabilitation of this property for an independent living retirement center. The applicant has agreed to zone the south 2.11 Acres, which is located in the floodway, to "OS" Open Space and dedicate the property to the City. Also, as noted in paragraph A., Public Works requires that a 25 foot wide access easement be dedicated adjacent to this floodway boundary. Staff believes the proposed rezoning will have no adverse impact on the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning for the north 2.42 Acres and OS zoning for the south 2.11 Acres subject to the area of floodway being dedicated to the City. 3 December 16, 2004 ITEM NO.: 4 (Cont.) FILE NO.: Z-7740 PLANNING COMMISSION ACTION - (DECEMBER 16, 2004) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. The application was approved. 4 FILE NO.: Z-7740 Owner: Malott Partnership/J.D. Malott, M.D. Applicant: Tracy Tisdale Location: 10905 W. Markham Street Area: 4.53 Acres Request: Rezone the north 2.42 Acres from R-2 to C-3 and the south 2.11 Acres from R-2 to OS. Purpose: Independent Living Retirement Center Existing Use: Vacant retirement center/nursing home SURROUNDING LAND USE AND ZONING North — Mixed Commercial uses (across W. Markham Street); zoned C-3 South — Floodway and single family residences; zoned R-2 East — Mixed Commercial uses (along W. Markham Street and Shackleford Road); zoned C-3 West — Mixed Commercial uses; zoned C-3 and R-2 A. PUBLIC WORKS COMMENTS: With Building Permit: 1. West Markham is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. Show current right-of-way width on the survey. 2. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 3. A Special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to any construction or re -development of the site. 4. Substandard driveway grades and locations must be corrected with any future construction or redevelopment of the site. FILE NO.: Z-7740 (Cont. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Route 5 (W. Markham Street Route). C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Birchwood and Beverly Hills Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a change from R-2 Single Family District to C-3 General Commercial District for an independent senior living center. The request does not require a change to the Land Use Plan. Master Street Plan: Markham Street is shown as a Minor Arterial on the Master Street Plan and Shackleford Road is shown as a Minor Arterial south of Markham Street and a Collector north of Markham Street. The purpose of a Minor Arterial is to provide connections to and through an urban area and the primary function of a Collector Street is to provide a connection from local streets to arterials. Markham Street may require dedication or right-of-way and may require street improvements. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Markham Street since it is a Minor Arterial. Existing or proposed Class I, II, or III bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Walnut Valley Neighborhood Action Plan. The Open Space and Recreation Goal states: "Retain open space and green areas throughout the neighborhoods with non -vehicular connections." An action statement directly related to this goal is "Develop a trail system along Rock Creek connecting Birchwood Park with City owned parkland at the northwest corner of Bowman Road and Markham, where possible include other existing open 'green area' along Rock Creek." Birchwood Park and Rock Creek are south of the property and should have a positive relationship to the existing park and 2 FILE NO.: Z-7740 (C the creek by not turning its back on it since the neighborhood envisions it as a part of a potential greenbelt trail system. E. STAFF ANALYSIS: Malott Partnership, owner of the 4.53 Acre property at 10905 W. Markham Street, is requesting to rezone the north 2.42 Acres from "R-2" Single Family District to "C-3" General Commercial District. The rezoning is proposed in order to rehabilitate the existing structure on the site for use as an independent living retirement center. The property currently contains a one-story brick, block and metal building which previously housed the West Markham Retirement Center. There is a paved parking area on the north side of the building, with two (2) access drives from W. Markham Street. The property slopes downward from front to back (north to south). The rear (south) 2.11 Acres of the property is undeveloped and located in the floodway. The general area contains a mixture of uses. Mixed commercial uses are located north, east and west of the property. The floodway for Rock Creek and the Birchwood Neighborhood are located to the south and southwest, with Mixed Office and Commercial uses further south along Financial Center Drive. The City's Future Land Use Plan designates this property as Commercial. The requested zoning change to C-3 does not require a change to the Land Use Plan. Staff is supportive of the requested C-3 zoning. Zoning the north 2.42 Acres of this property to C-3 will continue the pattern of commercial zoning along the south side of W. Markham Street. Additionally, it will allow the rehabilitation of this property for an independent living retirement center. The applicant has agreed to zone the south 2.11 Acres, which is located in the floodway, to "OS" Open Space and dedicate the property to the City. Also, as noted in paragraph A., Public Works requires that a 25 foot wide access easement be dedicated adjacent to this floodway boundary. Staff believes the proposed rezoning will have no adverse impact on the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning for the north 2.42 Acres and OS zoning for the south 2.11 Acres subject to the area of floodway being dedicated to the City. 3 FILE NO.: Z-7740 (Cont. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. The application was approved. 4