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HomeMy WebLinkAbout10.09.2003 (2)• COUNCIL WORK SESSION October 9, 2003 4:30 p.m. Council Chambers Members present: Mayor Rooff, Kincaid, Welper, Greenwood, Jordan, Hurley, Getty. Members absent: Clark. Moved by Jordan, seconded by Welper that the Agenda, as proposed, be approved. Ayes: Six. Absent: Clark. Motion carried. The council met to discuss the request of Lockard Development to rezone from "A-1" Agricultural District to "R-4,R-P" Multiple Residence District, "C-P" Planned Commercial District and "B-P" Business Park District for property generally described as West 4th to Kimball Avenue north of Highway 20 and Ansborough Avenue to Kimball Avenue 1/4 mile south of Highway 20. Mayor Rooff reviewed the discussion that was heard at the October 6, 2003 council work session. The developer submitted the rezoning request with three "C-P" designations to the Planning, Programming and Zoning Commission. Commissioner Jordan made the motion to approve with one "C-P" designation, and the commission approved the motion on a vote of 11 to 1. The council will need six votes to override Planning, Programming and Zoning Commission's recommendation. The neighbors were going to accept the three "C-P" designations, but when Planning, Programming and Zoning Commission voted to approve just one "C-P" designation, they liked that plan better. Bob Fahr stated they had been working with Fred Debe and city staff as to what would be acceptable to the neighbors. The Planning, Programming and Zoning Commission passed on a vote 11 to 1 just one "C-P" designation on Ansborough Avenue, and in talking with the neighbors they supported the one designation. Reed Craft, member of the Planning, Programming and Zoning Commission, stated he would have liked to have had the motion for three commercial designations as he would support more designations on Ansborough Avenue. Mr. Craft stated the motion was to do nothing or accept one "C-P" designation. Mayor Rooff stated that it is his understanding that the neighbors want the opportunity to look at each development so there are no fast food restaurants built in that area. Bob Fahr stated that the neighbors are opposed to making it another fast food place like University Avenue, or doctors spaces as those types of development are already within a mile of the proposed rezoning. Mr. Fahr stated they stressed class A office buildings like Tower Park and VGM. Mr. Debe stated that they would need to bring the site plan to council for approval each time. Mr. Debe stated they need those three commercial designations to sell to developers. Steve Jordan, member of the Planning, Programming and Zoning Commission, stated that the neighbors were concerned about not having a say on what would be put in this area. They were concerned not all the neighbors would be notified so the Panning, Programming and Zoning Commission set it up so the developers would have to come back each time and notify the neighbors. Mr. Fahr stated that not all of the neighbors get notified because the legal requirement is just those property owners living within 250 feet of the proposed rezoning. Mayor Rooff suggested that the council, as part of their motion, make the requirement that all neighbors be notified. Don Temeyer, Community Planning and Development Director, stated that the Planning Department could notify all the people along San Marnan Drive. The law says that everyone within 250 feet of the proposed development must be notified. Council Work Session October 9, 2003 Page 2 Maxine Barrows stated that she is not convinced that there needs to be any more of these kinds of things because these types of facilities are already located within a mile or even 1/8 of a mile of the proposed development. Ms. Barrows stated it could do a lot of hauii for property values. Councilperson Hurley asked if the council or Planning, Programming and Zoning Commission could deny a request for commercial designation if it is zoned for commercial use. Mr. Temeyer responded that he thinks they could. Ken Lockard stated he has no objection to notifying all the neighbors in this area. Mr. Lockard stated that they have been working on this development for over two years, he has no listing agreements, but just thinks this is the right thing to do. The proposed rezoning contains over 300 acres, and the "C-P" designations are for only 15 acres. Mr. Fahr stated the neighbors are in favor of class A offices being built between Kimball and Ansborough Avenues, and they are opposed to fast food restaurants like it is on University Avenue. Mayor Rooff asked if the developers were allowed three "C-P" designations, but had to come back to the council each time would the neighbors support that. Mr. Fahr responded the neighbors are in favor of just the one "C-P" designation on Ansborough Avenue as approved by the Planning, Programming and Zoning Commission on September 9, 2003. Mr. Fahr reported that a petition is being circulated that will be presented at Monday night's council meeting supporting the Planning, Programming and Zoning Commission's decision. Councilperson Getty stated he has not seen any letters in support of six "C-P" designations or even 3 designations, and has only heard support for the one designation on Ansborough Avenue. Councilperson Getty stated he feels the Planning, Programming and Zoning Commission made the right decision to go with just one "C-P" designation, and we are not tying Mr. Lockard's hands as he can come back to the Planning, Programming and Zoning Commission with other commercial requests. Councilperson Getty stated he supports the one "C-P" designation on Ansborough Avenue as recommended by the Planning, Programming and Zoning Commission. Jeff Danielsen, a member of the Planning, Programming and Zoning Commission, stated that the residents wanted to know what was going in there, and it made sense to most of the Planning, Programming and Zoning Commission members to do something as opposed to nothing, which is the Business Park concept. Mr. Danielsen stated he thought why vote down the petitioners' request when the commission could come up with a compromise. The commission was thinking the Business Park concept. Larry Moser, a member of the Planning, Programming and Zoning Commission, stated that the commission removed those "C-P" designations and made them "R-4,R-P" so the developers would have to come back if they wanted to put in a fast food restaurant, and it would give the neighbors an opportunity to review each request. Mr. Danielsen stated he has heard that it takes developers 90 days for the request to go through the process. Mr. Danielsen asked why not fast track high quality development and speed up the process within the legal requirements of the code. Councilperson Hurley stated that there were two meetings with the neighbors, staff and developers, and there was a consensus and something was worked out. Then the Planning, Programming and Zoning Commission made the motion for one "C-P" designation. Mr. Hurley asked what was the strength of consensus of three "C-P" designations. Maxine Barrows stated that she and Mr. Fahr have a vested interest and do not speak for all the residents in that area. Nothing was taken back to the residents. Ms. Barrows stated that they have now informed the residents in writing so they know what is going on. The Planning, Programming and Zoning Commission heard from some of the residents on September 9, 2003, but there were still a lot of residents who did not know what is going on. Mayor Rooff asked if everyone were to be notified and the requests could be fast tracked, would the residents approve that. Mr. Fahr responded that most of the residents are telling him no compromise. • Council Work Session October 9, 2003 Page 3 Mr. Danielsen stated that on the September 9, 2003, there was no clear consensus to the Planning, Programming and Zoning Commission because they had discussion from neighbors that there really wasn't a consensus. Ms. Barrows stated that the neighbors would like clarification concerning Councilperson Hurley's relationship with Mr. Lockard and the mayoral race and if it is a conflict. Councilperson Hurley responded that it is not a conflict for him. Councilperson Welper asked if the developers need a mix use in the Business Park to help sell the property. Mr. Lockard responded that it is good development to have a mixed use. Councilperson Greenwood stated that he feels if the council approves the "C-P" designations, and the developer follows the zoning conditions, then the council's hands would be tied as to what they could do. The council would have already pre-empted their rights by approving this designation right now. Councilperson Greenwood stated he would rather error and be sensitive to the neighbors. Mr. Debe stated that with 320 acres in a Business Park there will be commercial areas. Mr. Debe stated he feels the error would be to have nothing. Mr. Debe stated he thinks they came up with a reasonable plan working with staff. The original request was for six "C-P" designations, then the compromise of three "C-P" designations, which the Planning, Programming and Zoning Commission did not act on at all. The motion was to have one "C-P" designation with a vote of 11 to 1. Mr. Debe stated that at the other meetings there were not a massive amount of people opposing the rezoning until now that we are down to one "C-P" designation. Mr. Debe stated that their plan is coming before the council on Monday. Mr. Temeyer stated that the ordinance specifically says the Planning, Programming and Zoning Commission and council should look at the uses. The developers would have to come back for everyone to look at the design for the park. Ms. Barrows stated that after the hearing closed, the Planning, Programming and Zoning Commission made a decision, and it is her understanding that the commission has the right to make changes, and they made changes based on the residents' comments. Councilperson Welper stated that a compromise was already made when the proposal was reduced to three "C-P" designations. Councilperson Welper stated that if the developer needs mixed uses to make this work, then he favors the proposed three commercial designations. Councilperson Kincaid also agreed with three designations. Councilperson Getty stated he will go along with the Planning, Programming and Zoning Commission's recommendation. Mr. Lockard stated he would be willing to go along with two "C-P" designations along Ansborough Avenue. Mr. Lockard stated they would still have to come back to the council. Mr. Lockard stated he does not understand it because of all the locations, the one on Ansborough and San Marnan is the most questionable one. Mr. Lockard stated he could agree to two "C-P" designations by Tower Park and leave the other 300 acres as "R-4,RP". Councilperson Jordan stated he is concerned because once we approve the zoning, we cannot dictate what is put on that property as long as it meets the zoning requirement. Mayor Rooff stated if 20 percent of the residents said no, it would take a super majority of the council. Noel Anderson, City Planner, stated that Planned Commercial lets you look at each specific use. Ms. Barrows reiterated that she and Mr. Fahr were not in any position to say three "C-P" designations would be acceptable to all the residents. Ms. Barrows stated they never said they represented all the residents. Mayor Rooff asked Mr. Lockard if the council approves the Planning, Programming and Zoning Commission's recommendation to allow only one "C-P" designation would he withdraw his rezoning request. Mr. Lockard responded he guessed that they would drop the request. Mr. Council Work Session October 9, 2003 Page 4 Lockard stated that they would leave Ansborough and San Marnan "R-4,R-P" all along there, but that is the cream of the crop. Mr. Lockard stated that the council will have the opportunity to say yes or no to the plans. Mr. Danielsen stated that the overall concept is a Business Park, why throw it out because of the "C-P" issue. Ms. Barrows stated that there is a considerable amount of information that a lot of the residents have not been involved in. Mr. Lockard stated that if they could change the one "C-P" designation from Ansborough Avenue and put it on the corner of Johnathan they could agree to one designation. Mr. Fahr stated that it seems like more sense to have the "C-P" designation on Ansborough and San Marnan. Eric Thorson, City Engineer, distributed a copy of the summary of potential costs for pavement noise reduction options on W. San Marnan Drive from Ansborough Avenue to Kimball Avenue. Councilperson Hurley stated that Mr. Lockard has offered a compromise and asked if tabling the request one week would have any affect on the project. This would allow time to give all the information to the residents. With no further business before the council, it was moved by Getty, seconded by Jordan that the meeting be adjourned at 5:34 p.m. Ayes: Six. Absent: Clark. Motion carried. Nancy Eckert City Clerk •