Title
Conduct a Public Hearing to Consider/Discuss/Act on the Request by 3 BT's, Inc., on Behalf of Troiani Family Investments, Ltd., for Approval of a Request to Rezone Fewer than 4 Acres from "RG-18" - General Residence District to "PD" - Planned Development District, Generally to Modify the Development Standards, Located on the Southeast Corner of Rockhill Road and North Brook Drive, and Accompanying Ordinance
Summary
MEETING DATE: November 5, 2013
DEPARTMENT: Planning
CONTACT: Michael Quint, Director of Planning
Brandon Opiela, Planning Manager
Samantha Gleinser, Planner I
RECOMMENDED CITY COUNCIL ACTION:
· On October 30, 2013, the City Secretary received a written protest (prior to the 5:00 p.m. deadline) in opposition to the requested zoning change which has been included as an attachment. Because the written protest has been filed by the owners of at least 20 percent of the area within 200 feet of the subject property, a favorable vote of three-fourths of all members of the Council is required in order to approve the rezoning request.
· Staff recommends denial of the proposed rezoning request due to non-conformance with the Comprehensive Plan.
· However, should the proposed rezoning request be approved, the following special ordinance provisions shall apply:
1. The use and development of the subject property shall conform to the requirements of Section 146-90 ("ML" - Light Manufacturing District) of the Zoning Ordinance, and as amended, except as follows:
a. The uses on the subject property shall be limited to the following:
1. Accessory building or use
2. Auto parts sales (indoor)
3. Banks and financial institutions
4. Barber or beauty shops
5. Building materials sales or monument sales
6. Carpentry or sign shop
7. Church, rectory, or other place of worship
8. Cleaning plant (laundry)
9. Cleaning shop and pressing (small shop and pickup)
10. Day care
11. Department or discount store
12. Drug store or pharmacy
13. Fitness club, gymnasium, exercise area, or similar use
14. Laboratories (medical, dental, science)
15. Metal fabrication
16. Mini-warehouse
17. Museum, library, art gallery (public)
18. Office building
19. Office supplies
20. Office use
21. Offices with showrooms
22. Paint and related sales
23. School, business, or trade
24. Studios (photo, music, art, health, etc.)
25. Upholstery shop
26. Warehousing
b. The development of the subject property shall generally conform to the attached concept plan.
c. The development of the subject property shall generally conform to the character of the attached elevations and shall follow the architectural standards for industrial uses in industrial districts (Section 146-139 of the Zoning Ordinance).
ITEM SUMMARY:
· The applicant is requesting to rezone approximately 3.56 acres of land, located on the southeast corner of Rockhill Road and North Brook Drive, from "RG 18" - General Residence District to "PD" - Planned Development District.
· The applicant has indicated the intent to construct an office and warehouse facility on the subject property.
· At the October 8, 2013 Planning and Zoning Commission meeting, a number of residents spoke both in support of and opposition to the proposed rezoning request (see attached minutes from the October 8, 2013 meeting). There were also five letters of opposition submitted prior to the Planning and Zoning Commission meeting, and one additional letter submitted prior to the City Council meeting, which have been attached.
BACKGROUND INFORMATION:
· Please see attached Planning and Zoning Commission Meeting Staff Report.
FINANCIAL SUMMARY:
· Please see attached Planning and Zoning Commission Meeting Staff Report.
BOARD OR COMMISSION RECOMMENDATION:
· On October 8, 2013, the Planning and Zoning Commission voted 5-1-0 to recommend approval of the proposed rezoning request with removal of seven of the 26 originally proposed allowed uses for the subject property which includes:
1. Cleaning plant (laundry)
2. Department or discount store
3. Drug store or pharmacy
4. Fitness club, gymnasium, exercise area, or similar use
5. Metal fabrication
6. Mini-warehouse
7. Paint and related sales
· The attached proposed ordinance reflects the list of allowed uses recommended by the Planning and Zoning Commission.