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HomeMy WebLinkAboutMinutes AGENDA ITEM NO.7: Public hearing and consideration of City initiated rezoning for 3 unplatted tracts in the Foxfire area from R-1 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-3zoning 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-1Single 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&ZMinufes February 5, 1998 Page 5 of8 previously approved by the Commission. The plan is pending approval before City Council in February. The request includes 1.3 acres of C-3 Planned Commercial which is primarily a light retail commercial zone. The 13.5 acres is R-l Single Family. The request is compatible with the existing and planned uses in the area. Staff recommended approval of the request with the condition of additional buffering along the common property line with the single family lots. Chairman Massey asked if staff was concerned with the proximity of single family zoning and industrial zoning in a combined area with the potential of a school being built also. He asked if the Commission should be thinking of the future on these types of mixed uses in one area. Mr. Callaway explained that the issue was brought up when Edelweiss was being built in the area. He explained that part of the solution was "step-down" zoning, although in some step-down zonings you put more people in closer proximity to each other or a higher density and put them adjacent to the industrial zoning. However, staff has found that multi-family property can tolerate some of the adverse impacts of non-residential properties, rather than single family. In Edelweiss there is some A-O Agricultural Open (park area and drainage detention areas). Staff is concerned, but there is not any direct abutting property. The C-3 zoning will help break some of the intense zoning up. There could be some potential problems across the street but he felt that it would be unfair to look into rezoning the M-2 areas. Commissioner Rife also expressed concern about the M-2 zoning. He felt that the M-2 zoning is the most intense zoning the City will allow. Mr. Callaway agreed with Mr. Rife. Mr. Rife said that this would be the area for locating any intense businesses because this is one of the few areas allowed. Mr. Rife asked if the City should be looking long,.term to allow areas for M-2 zoning. Mr. Rife expressed that mixing the residential with the heavy trucks in one area could cause potential safety hazards. Mr. Callaway explained that the Master Plan, Preliminary Plat and zoning will be on the February 12, 1998 Council Meeting agenda. Chairman Massey opened the public hearing. John Szabuniewicz, Developer, explained that with the new Highway 40 being constructed, there will be a central residential area. He stated that some of the buildings in the area are actually office uses. Lawrence Link, owner of comer property, explained that he has met with City staff but nothing has been resolved. He said that his property that is going to be taken away for the extension of Victoria is actually zoned M-2 (industrial). He explained that he has to purchase land from an adjacent tract and he will have to have it rezoned industrial also to fit his business. Chairman Massey closed the public hearing. Commissioner Rife moved to recommend denial of the rezoning request citing safety and neighborhood integrity concerns over the proximity of the M-1 and M-2 zoning districts to the proposed R-1 single family district. Commissioner Lightfoot seconded the motion. While discussing the motion, Commissioner Parker expressed his concern that when the previous rezoning requests were approved by the Commission, there was no question of adjacent zoning. Mr. Callaway explained that if this item was denied, the Council would take into consideration the P&Z Minutes February 5, 1998 Page 60f8 Commission's comments. Mr. Parker agreed with Mr. Rife that there will be no assurance that "bigger" business moving in the area with the vacancies. However, he felt that denying this request would be like holding the property owner "hostage" to another direction opposite of what was approved for the other phases. Commissioner Silvia agreed with Commissioner Parker. He also said that the Commission should consider the location of the property to the proposed school. He felt that there would be not better zoning to abut the school other than residential. Mr. Silvia stated that he felt the concept is good but there are still some problems that need to be worked out with the owner of the comer lot (Mr. Link). Overall, he believes this concept would work. Commissioner Rife agreed with Silvia and stated that his biggest concern would be the M-2 zoning. Safety would be the biggest consideration with the proposed school in the area. Mr. Rife also expressed a concern as to where the M-2 zoning should be located. He felt that this is especially important considering that the City is building out in this direction. Commissioner Parker said that he felt the long range plan is focus of most of the Commission's concerns. Maybe the City needs to initiate some upgraded zoning in the areas to deal with the proximity of the heavy industry and residential zoning areas. With this, the Commission could control some of the direction of the zoning areas. Mr. Rife agreed that there is a long term problem to decide where to place the M-2 businesses that needs to be addressed. Commissioner Gamer stated that the matter at hand is to decide whether or not to approve the rezoning request. She felt reluctant to deny the request because approval of the concept has already begun. She and other Commissioners felt that the land use plan needs to be addressed for the long term. Chairman Massey stated that the M-2 zoning is something the Commission needs to address in the future by discussing short-term options and long term solutions. He felt that residential zoning would probably be the predominant land use in the area. He indicated that. the Commission and staff should continue to work together to understand the dynamics of and options for this area. The motion to deny the rezoning request failed (2-4), Commissioners Rife and Lightfoot voted in favor of the denial. Commissioner Parker moved to recommend approval of the rezoning request. Commissioner Silvia seconded the request which passed (4-2) Commissioners Lightfoot and Rife voted in opposition to the request. AGENDA ITEM NO. 10: Public hearing and consideration of a Conditional Use Permit for a proposed Restaurant/Sports Bark to be located at 301 College Main in the Northgate Zoning District. Previously Twin City Mission Resale Shop. (98-700) This item was removed from the agenda at the request of the applicant. P&Z Minutes February 5, 1998 Page 70f8