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<br />I <br /> <br />I <br /> <br />I <br /> <br />Council Meeting Minutes <br />July 25, 1989 <br /> <br />Page 4 <br /> <br />Council Business, continued <br /> <br />The rezoning process requires that a public hearing be held and <br />notices mailed to property owners within 350 feet of the property. <br />In addition to the rezoning, Pratt's proposal would require approval <br />of a Planned Residential Development and preliminary plat. These <br />items also require public hearings and would be considered at the <br />same time as the rezoning request. <br /> <br />If the Council considers the rezoning, staff recommends a planned <br />unit development (PUD) approach be required. This would increase <br />the Ci ty' s abi 1 i ty to control the development of the rezoned <br />property by requiring specific development plans be provided and <br />committed to. The PUD also would require a public hearing, and all <br />four hearings would be held simultaneously at the same Planning <br />Commission meeting. <br /> <br />Under the City's Comprehensive Plan the property is currently shown <br />as Single Family Residential and the property is currently zoned R- <br />1. The rezoning of the subject property to General Business would <br />represent a significant deviation from the land use proposed by the <br />Comprehensive Plan. <br /> <br />An option to rezoning the parcel to B-3 would be to rezone to B-2, <br />Nei ghborhoodBusi ness. The B-2 Di stri ct woul d permit commerci a 1 <br />convenience stores and would allow gasoline sales only as a special <br />use. The City would then have additional controls over a B-2/PUD <br />development versus a B-3/PUD development. A proposed gas station <br />would be required to obtain a special use permit and would need to <br />sati sfy the fi ve standards for granti ng a speci a 1 use permit in <br />addition to the requirements of the approved PUD. <br /> <br />On July 18, 1989, the Planning Commission recommended the Council <br />initiate the consideration of a rezoning from R-l to B-3 for a 7.4 <br />acre parcell ocated in the northwest quadrant of the S i 1 ver Lake <br />Road and County Road E intersect ion. The P 1 ann i ng Commi ss ion <br />expressed concern that by rezoning the subject parcel to 8-2 a high <br />quality free-standing restaurant would not be allowed as part of the <br />development and therefore recommended the B-3 classification. <br /> <br />Williams verified that the staff recommendation would require <br />approval of a PUD at the time of rezoning. <br /> <br />Benke feels considerable thought and discussion should take place <br />before deciding if the parcel should be rezoned. <br /> <br />Jim Thomson, City Attorney, feels advertising the hearing as a B-2 <br />or B-3 District rezoning hearing would el iminate the need for a <br />future hearings. Thomson also noted a provision in the City Code <br />wh i ch allows the Counc il to requ ire a deve 1 oper to put deed <br />restrictions on the future development of that parcel. <br /> <br />Council Bus i ness <br /> <br />Request to Initiate th~ <br />Rezoning Property Alon~ <br />Silver Lake Road & <br />Cty Rd. E <br />Report 89-195 <br />