Title
Ordinance - Third and Final Reading on an Ordinance Approving a Zoning Change from PR to PD, Planned Development for Limited Commercial Uses on Approximately 12 Acres Generally Located 370’ North of E. Broad Street and West of Cannon Drive; Kelly Hart & Hallman, LLP (ZC#15-019)
Requested Action
To consider the subject zoning change request.
Recommendation
The Planning and Zoning Commission held a public hearing on 11/16/15 and voted 5-1 (Polozola) to recommend approval after deleting certain permitted uses - Federal, State or Municipal Building; Fire Station or Similar Public Safety Building; Cable TV Transmission Line; Electric Transmission Line; Local Utility Service Line; Telephone Exchange, Switching, Relay or Transmission Station. Commissioner Neuman was absent.
Description/History
The subject property is located north of existing C-2 zoning that shares the same ownership as the property being considered.
The property owner does not have an established development plan and has not identified an end user. He is seeking zoning entitlement for marketing purposes and doesn't want to wait until after the pending amendments in the permitted use table.
The proposed PD in Exhibit B outlines limited commercial uses and compliance with all C-2 requirements and requires the developer to submit future development plans for City Council approval. However, it does not commit the property owner or future developer to future amendments of the C-2 requirements.
Second Reading - January 11, 2016
Staff recommends the following changes shown in the revised PD regulations (attached):
- move the SUP uses to a new subsection 2
- delete discount store, fix-it shop or household appliance service and repair; used merchandise store
- reword certain use labels to match the ones in the newly revised permitted use table in the Zoning Ordinance (attached)
- delete scientific or research laboratories that is no longer a permitted use in C-2
- Limit maximum height to 35 ft for structures that are within 300' of a lot or tract occupied by a single-family home.
- add new language in the Development Plan section to clarify the purpose of the development plan review
The applicant has agreed to the proposed changes except the limitation of maximum height.
Third Reading - January 25, 2016
Based on the attached letter, the owner of the property immediately north of the zoning change, is willing to release the developer from the 35' height restriction recommended by staff. Therefore, staff will amend the recommendation to apply the 35' height restriction to only within 300' of the boundary of The Lakes of Creekwood Addition.
Prepared By
Felix Wong, Director of Planning
817-276-4228