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Home My WebLink AboutMinutes AGENDA ITEM NO.7: Public hearing and consideration of City initiated rezoning for 3 unplatted tracts in the Foxfire area from R-l Single Family Residential to A-OR Rural Residential Subdivision, approximately 3 acres. (98-102) Assistant Development Coordinator Ruiz presented the staff report and stated that these three lots were not included in the previous Foxfire rezoning that was approved in January of this year. They were not a part of the original Foxfire Subdivision. The Commission recommended to Council and Council directed staff to initiate rezoning of these three lots. Two of the lots have houses on them and the third is vacant. Staff recommended approval of the rezoning request. Chairman Massey opened the public hearing. Seeing no one to speak in favor of or in opposition to this request, the public hearing was closed. Commissioner Lightfoot moved to recommend approval of the rezoning request. Commissioner Silvia seconded the motion which passed unopposed (6-0). AGENDA ITEM NO.8: Public hearing and consideration of rezoning for Barker's Heating & Cooling of approximately 2.5 acres on the. northeast side of State Highway 6 between Rock Prairie Road and Greens Prairie Road from A-O Agricultural Open to C-3 Planned Commercial. (98-103) Assistant City Engineer Morgan presented the staff report and stated that the subject property has remained undeveloped due largely to the lack of utility infrastructure at this location; however at this time, the City's concerns are for utility availability to this particular tract. Due to the fact that the property does not have to be platted for use, the applicant is not required to extend utilities to the subject tract. The applicant will bring the water supply system rather than applying for a variance to the to fire protection for his use. The applicant can apply for septic system usage rather that extending the sanitary sewer to the property. The C-3 zoning district includes a relatively small range of uses most of which are considered to have low impact on utility infrastructure. Until adequate sewer. can be extended to the property, C-3 is the most intense district that Staff can support. Staff recommend approval of the rezoning request as submitted. Chairman Massey opened the public hearing. Seeing no one to speak in favor of or in opposition to this request, the public hearing was closed. Commissioner Parker moved to recommend approval of the rezoning request. Commissioner Gamer seconded the motion which passed unopposed (6-0). AGENDA ITEM NO.9: Public hearing and consideration for rezoning a 14.787 acre portion of Westfield Addition that includes the Victoria Avenue extension from A-O Agricultural Open to 13.5 acres ofR-l Single Family Residential and 1.3 acres ofC-3 Planned Commercial. (98-104) Director of Development Services Callaway presented the staff report and stated that the property is located along the southside of Graham Road at the intersection of Graham and Victoria. This request includes property that will be part of phases 3 and 4 as shown on the Westfield Subdivision master plan P&Z Minutes February 5, 1998 Page 5 of8 ~ l~tr~_e., :~:l:l!::!~::~lgi.uilil~l~J.iilljjjliii:ijj~~iili.ljiljl~ljljjjljl~l~ljljljl~j~jjlji:~:~l~l~~jjj:jj~:~l~jjl~ljil~ljljljl:l~~~ljiljl~ljl~jjljljljil~~jljl~jjj~l~ljljljlj:;::' :i~i~i~~ .'. .'. :.:: :~lj;l~il~ljl~l~l!~ljl~:~ljljljl:l~~jljl!~jj~!jl:lj~!:ljl~l::::: [!] Regular Item o Consent Item D Statutory Item Item Submitted By: Sabine McCully. Senior Planner For Council Meeting Of: Director Approval: City Manager Approval: 1::::~::::t:::::t:t:~:~:~:~:~t:~:::::t~:::::~tt:~~~Ujttttt~:m:::::~tt~t::~t:~:~t:~tttttt:1:Uf:r~:~:~:~:::1~:~:~~~t:~j~:~ft~:~::~:~:~:::~::t:1t~:~::t:1::~:~:mttt:t~tt:~tf:ttttt::~j:~1~:::t:t:r::~:~:~:~::tl~:~~~:~:::~:r~j::::~f:::~:::~~~::tt:~t:::ttt~~~~~~~f Item: Public hearing and consideration of rezoning for Barker's Heating & Cooling of 2.5 acres on the northeast side of the State Highway 6 between Rock Prairie Road and Greens Prairie Road from A-O Agricultural- Open to C-3 Planned Commercial. (98-103) Item Summary: The subject property has remained undeveloped due largely to the lack of utility infrastructure within the area. From a land use plan standpoint, commercial districts are appropriate at this location, however at this time, the City's concerns are for utility availability to this particular tract. The applicant is willing to bring utilities to the site, but the cost constraints are preventing him from preparing the site for potential high impact users. Due to the legal nonconforming status of the tract, the applicant is not required to extend sewer to the site, and therefore installation of a septic system will be acceptable as an alternative. The C-3 zoning district includes a relatively small range of uses, most of which are considered to have low impa.cts on utility infrastructure. Until such time that adequate sewer can be extended to the subject property, C-3 is the most intense district that the staff can support. Policy Issue Statement: Civic Pride Citizens benefit from well-planned, attractive residential and commercial areas, and from preserving historic areas. The Land Use Plan reflects the area bound by the future Barron Road overpass, the major. floodplain for the 2 forks of Lick Creek, and Highway 6 as regional retail. Item Background: The subject property has been in the same configuration well before the City adopted subdivision regulations. No subdivision of land is occurring at this time. The applicant will be providing utilities based on his individual need. Due to the proximity of this lot to the closest gravity sewerline, the applicant can request serving the property with the use of an individual septic system. Thus the property should be prepared for low sewer usage rather than a full range of commercial uses. Budgetary & Financial Summary: The applicant has indicated that there will be overSIZe participation requests forwarded to the Council. o:\group\deve _ ser\cvsht\feb26\98-1 OJ.doc ENGINEERING Water: There is no water existing to this lot, it will have to be extended to the tract. This waterline would be extended as an 18" waterline along the east side of SH6 Bypass to connect to one already existing in front of Desert Hills. Due to the conunercial zoning district and fire protection requirements, it is not feasible for this applicant to use a private water well for the site. Sewer: There is no sewer existing to the lot. A sewerline could be extended or the applicant can request the use of a private septic system from the County Health Department. . A septic system would limit the potential uses on the property. Some of the uses within the C-3 zoning district would be incompatible with a septic system. Streets: The Barron Road overpass will occur on the subject tract. Dedication for this improvement is not a requirement at this time. The future overpass design and right-of- way needs are not known at this time and could impact this property. Off-site Easements: Maybe required as part of the utility extensions. Sidewalks: NA Drainage: Drainage will have to comply with the Drainage Ordinance and will be addressed at the time of site development. Flood Plain: A significant portion of this property is located within the 100 year floodplain. Oversize request: See Budgetary and Financial Summary Section Parkland Dedication: None required of proposed rezoning classification Impact Fees: None in this area. NOTIFICATION: Legal Notice Publication(s): The Eagle; January 21, 1998 and February 11, 1998 Advertised Commission Hearing Dates(s): February 5, 1998 Advertised Council Hearing Dates: February 26, 1998 Number of Notices Mailed to Property Owners Within 200': 3 Response Received: None as of date of cover sheet o:\group\deve _ ser\cvsht\feb26\98-1 03_doc F "ut.---" \~ . . "'--_/ The cost to the city is not measurable at this time since the applicant has not performed the analysis to determine the cost of infrastructure required for the development and the off site development that may qualify for oversize participation. Staff Recommendations: Approval of the rezoning. Related Advisory Board Recommendations: Planning & Zoning Commission recommended approval. Council Action Options: Council actions include: recommend approval; recommend approval with conditions; recommend denial; defer action to a specified date; table. Supporting Materials: 1. Location Map 2. Application 3. Engineering and Notification Information 4. PNZ Minutes 5. Ordinance ( ") ~ .../ o:\gJ:oup\deve _ ser\cvsht\feb26\98-1 03.doc