PC Minutes 1/25/06
ITEM NO. 6A: I-1 & A to RM-2; 12.329 ACRES; SOUTH OF E 23RD (K-10 HIGHWAY) BETWEEN O’CONNELL ROAD & FRANKLIN ROAD (SLD)
Z-06-39-05: A request to rezone a tract of land approximately 12.329 acres from I-1 (Limited Industrial) District and A (Agricultural) District to RM-2 (Multiple-Family Residential) District. The property is generally described as being located south of E. 23rd Street/K-10 Highway between O’Connell Road and Franklin Road. Submitted by Peridian Group, Inc., for Eastside Acquisitions, L.L.C., property owner of record. This item was deferred from the December Planning Commission meeting.
ITEM NO. 6B: I-1 & A TO M-1; 17.889 ACRES; SOUTH OF K-10 HIGHWAY BETWEEN O’CONNELL ROAD AND FRANKLIN ROAD (SLD)
Z-06-41-05: A request to rezone a tract of land approximately 17.889 acres from I-1 (Limited Industrial) District and A (Agricultural) District to M-1 (Research Industrial) District. The property is generally described as being located south of E. 23rd Street/K-10 Highway between O’Connell Road and Franklin Road. Submitted by Peridian Group, Inc., for Eastside Acquisitions, L.L.C., property owner of record. This item was deferred from the December Planning Commission meeting.
ITEM NO. 6C: B-1, I-1, & A TO C-5; 28.833 ACRES; SOUTH OF K-10 HIGHWAY BETWEEN O’CONNELL ROAD AND FRANKLIN ROAD (SLD)
Z-06-42-05: A request to rezone a tract of land approximately 28.833 acres from B-1 (Neighborhood Business) District, I-1 (Limited Industrial) District, and A (Agricultural) District to C-5 (Limited Commercial) District. The property is generally described as being located south of E. 23rd Street/K-10 Highway between O’Connell Road and Franklin Road. Submitted by Peridian Group, Inc., for Eastside Acquisitions, L.L.C., property owner of record. This item was deferred from the December Planning Commission meeting.
Staff Presentation
Ms. Day introduced these items, a proposed rezoning for commercial, industrial, and multi-family development as part of the Fairfield Farms East Subdivision approved by the Planning Commission in December 2005.
Applicant Presentation
Mike Keeney introduced the item and described the layout of the proposed development. He stated that it complied with the land uses in all versions of the Southeast Area Plan.
Commission Eichhorn inquired about the white area shown on the plan and confirmed with Mr. Keeney that it was the “Queen Property” and not included in the proposed development. Mr. Keeney also noted the status of a benefit district for the street and sanitary sewer improvements that would be required.
Commissioner Burress confirmed that there was no access to 23rd Street and confirmed that there is a restriction of commercial uses to one corner of the intersection as a neighborhood commercial node.
Commissioner Eichhorn inquired how the proposed commercial development compared to Hy-Vee at Clinton Parkway and Kasold.
Public Hearing
There was no public comment on these items.
Commission Discussion
The Planning Commission had a general discussion about the location of future commercial nodes in the southeast area.
Commissioner Haase noted that a CC400 is proposed in the plan for the intersection of K-10 and Noria Road. He suggested that no more commercial uses would be developed in the area except a small neighborhood center at 31st and E 1700 Road.
Vice Chair Krebs stated her interest in the commercial development occurring consistent with the commercial design standards and a possible change to a PCD.
Commissioner Burress stated his concern about approval of a commercial development without a plan.
Commission Lawson inquired about the status of the design standards.
Comm. Haase stated that that he recalled the Planning Commission had approved the guidelines and forwarded them to the City Commission with revisions and they were to be adopted with the development code.
Commissioner Lawson stated that he was concerned to be it was hard to hold an applicant to codes not yet adopted.
Vice Chair Krebs stated the reason to consider the use of a PCD would be to use the design standards until they are formally adopted since they could be used as a guideline for PCD’s.
Chairman Riordon asked for comments about a PCD.
Mr. Keeney responded that it was a time issue. There was about a year of planning before full site planning could begin. The design standards would be in place by that time and a site plan would be submitted. He stated that all the engineering still needed to be done.
Commissioner Krebs announced her retraction of the PCD consideration and just wanted the development to comply with the standards. It was noted to staff that Legal Services needed to be pressed to prepare the design standards for adoption.
Commissioner Burress stated that he was not sure about the development code being adopted soon enough. He stated that a PCD with approval of a plan would provide that assurance.
Vice Chair Krebs asked the applicant to comment on the burden of planned unit developments. Mr. Keeney responded that it is a time burden
Commissioner Eichhorn stated that if Neighborhood Commercial Centers are to be Planned Commercial Developments, then it should be a code requirement.
Bill Newsome, applicant/developer stated that a PCD could be used. He stated that a grocery store user will fuel the development. He hoped to have confirmation within 36 months.
Commissioner Ermeling stated a need for predictability of use. She noted that K-10 Highway was a gateway and needed to have control over the industrial zoning as well.
Ms. Stogsdill responded that she could confirm the status of the code and expectations to be adopted by reference to the new code.
There was clear intent for development to comply with design standards based on the Commission’s discussion.
Commissioner Jennings stated that he was comfortable with a grocery store use and that it will control the design. They generally have good curb appeal. He stated that the anticipated 36 months noted by the developer would provide time to resolve the Southeast Area Plan.
Ms. Stogsdill stated that staff reviews submission of applications based on code at time of submission.
COMMISSION ACTION
Motioned by Eichhorn, seconded by Jennings to approve Z-06-39-05 the rezoning of approximately 12.329 acres from I-1 (Limited Industrial) District and A (Agricultural) District to RM-2 (Multiple-Family Residential) District and forwarding the application to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report and subject to the following conditions:
1. Publication of an annexation ordinance; and
2. Recording of a final Plat.
Motion carried 9-0 for approval.
Motioned by Ermeling, seconded by Krebs to approve Z-06-41-05 the rezoning of approximately 17.889 acres from I-1 (Limited Industrial) District and A (Agricultural) District to the PID-1 District based on the Lesser Change Table and forwarding the application to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report and subject to the following conditions:
1. Publication of an annexation ordinance;
Motion carried 9-0 for approval.
Motioned by Krebs, seconded by Ermeling to approve Z-06-42-05 the rezoning of approximately 28.833 acres from B-1 (Neighborhood Business) District, I-1 (Limited Industrial) District, and A (Agricultural) District to the PCD-2 District based on the Lesser Change Table and forwarding the application to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report and subject to the following conditions:
1. Publication of an annexation ordinance;
Motion carried 9-0 for approval.