Loading...
HomeMy WebLinkAboutS-0087 Staff Analysisr August 28, 1979 Item No. 12.- Z-3392 Owner: Applicant: Request: Purpose: Existing Zoning: Location: Site Characteristics: Size: Existing Land Use: Abutting Land Use and Zoning: Zoning History: Applicable Regulations: Donald Warmack and Terry Wood, Inc. George Wells Rezone to "F" Commercial Commercial development - unspecified "A" One family Northwest corner of I-430 at Rodney Parham Road Wooded - platted, but undeveloped 9.2 acres + Vacant North - Single Family - Zoned "A" South - Commercial - Zoned "F" East - I-430 West - Commercial - Zoned "F" None Zoning Ordinance r FACTUAL INFORMATION August 28, 1979 Item 12 1. NEED AND/OR DEMAND The applicant feels that surrounding development will preclude any other than commercial development of the subject property. 2. COMPATIBILITY WITH MUNICIPAL PLAN Proposed zoning falls within the accepted pattern of development for this area of the City. 3. EFFECT ON ENVIRONS Significant environmental change can be anticipated; however, such change can be accounted for at the time of development. The property is presently tree covered and commercial development will force removal of most of the trees. The property is reasonably separated from the residential development to the north and proper buffering :should negate any potential adverse effects to those residents. 4. NEIGHBORHOOD POSITION Several neighbors have contacted the Planning Office expressing concern for the proposed development, but Staff perceives their concern to be related to development quality rather than the proposed use. 5. PUBLIC SERVICES/EFFECT ON No adverse effects are anticipated. 6. UTILITIES/EFFECT ON No adverse effects are anticipated. 7. EFFECT ON PUBLIC FINANCES Eventual development would enhance property values for taxation purposes, and no significant cost factors are foreseen which would offset the gains to the City. T I August 28, 1979 Item No. 12 - Continued 8. LEGAL CONSIDEIU1TIOIJS/RETSONABL,ENESS The property abuts "F" Commercial districts west and south and is bounded by I-430 on the east. It is doubtful that any residential use is feasible on the property. 9. STANDARDS OF QUALITY No standards of quality have been addressed by the applicant. 10. TRAFFIC AND STREET RIGHT -OF --WAY CONSIDERATION No significant issues attend this request. The applicant is pursuing the closure of all '-nternal rights -of -way within the property. Battle Street along the western boundary of the property will be constructed to standard at the time of development. Access to Rodney Parham Road is limited by the State Highway Department's controlled access due to I-430. ANALYSIS: The property is surrounded on three sides by high intensity uses and is physically separated from the residential development to the north. The intensity of development adjacent to the site would likely preclude uses of much lower intensity on the property. STAFF RECOMMENDATION While Staff supports commercial use of this property, Staff recommends deferral until the following can be implemented: 1) Closure of all streets except Battle Street. 2) Replatting of the property, eliminating the many small lots and creating a workable site. 3) Delineation of specific buffers along the north and east boundaries; of the property. COMMISSION ACTIO14 Staff made a verbal recommendation which was slightly different from 'the written recommendation above. The recommendation verbally presented to the Commission was as follows: Staff supports the rezoning of the site to "F" Commercial as requested subject to: w • • f April I tem 28, 1979 No.'12 - Continued 1. Expansion of the street closure petition to include Green Street lying along the north of this property. 2. The filing of a subdivision plat for record at the County Court House in final form providing for a one lot plat with a 36' street along Battle Street alignment. 3. The submission of a site development plan dealing with access, building _location, buffering and screening of adjacent residential areas, maintaining of a green strip along Interstate 430 frontage and internal circulation of traffic. The applicant was present and cited that they had not tried to close Green street because they were not the _owners of property on both sides and that their preference was to include the street in the required buffer, that being presented to be 40' including Green Street. He stated also that he felt it was unnecessary to have a buffer along Interstate 430. Regarding the platting requirement, he stated that a preliminary plat was ready to be filed_ and that, of course, until all of the other information were completed they would not be able to file a final plat. With regard to the 36' street. He stated that they would be willing to build their half as would be normally required in the development process. He stated, regarding a site plan, that it was basically a "chicken and egg" argument, and stated that they would, of course, be able to file a site plan when they knew exactly how they would be developing the property, but they would not know how they were going to develop the property until they were certain that they could get the zoning they requested. In closing, he cited that the purposes of zoning were to protect the health, safety and welfare of the public, and that he felt some of the requirements the staff was recommending did not meet those simple criteria. Leo Johnson, representing some of the Pleasant Valley property owners, stated their opposition to the rezoning •"at this time," citing the open ended character of "F" Commercial. He stated that the neighbors were not necessarily opposed to commercial development of the property, but they were concerned for the way in which the property would be developed. He stated specifically that they would not be opposed to something similar to Trellis Square, which is immediately west of this property, but there were other kinds of commercial development that they would prefer not to see. Usti 28, 1979 Item No. 12 - Continued After a lengthy,discussion, the Commission moved to approve the application as filed. The motion failed: 1 aye, 9 noes and 1 absent. A substitute motion was made to recommend approval of the application as filed, less the north 40' of the property and conditioned upon a- plat to be filed, and that the Planning Commission would get a site plan review as described under the "C-3" zoning district process in the proposed new Zoning Ordinance as presently written. The motion passed: 9 ayes, 1 no and 1 absent.