ORD 2022-026 amending offical zone map of city case no. ZC-22-09

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CM to LI 2500BLK N IH 35 ZC-22-09 Whisper South Light Industrial Staff Recommendation Approval as Submitted X ' Alternate Approval Denial Due to the varying factors regarding current and future land configurations around the subject property, staff is providing a neutral recommendation and leaves a decision of approval, denial, or approval of a lesser zoning district up to the City Council. UPDATE — In response to the concerns raised by the Planning and Zoning Commission at their March 8th meeting, the applicant has submitted a letter amending their zoning change request to exclude the parcel immediately adjacent the Saddlebrook Mobile Home Community and proposing restrictive covenants for certain potentially noxious uses. The letter has been included in this agenda packet. It should be noted that the assessment given in the staff report reflects the originally submitted 52.4 acres, and not the revised boundary. Staff: Julia Cleary Title: Planner, AICP Date: 03/30/2022 Commission_ Recommendation pp Approval with Conditions / Alternate X Denial 1, Approval as Submitted Speakers in favor or opposed RW McDonald — applicant (in favor) Lisa Marie Coppoletta (opposed) Recommendation from the Planning and Zoning Commission Meeting held March 8, 2022 A motion was made by Commissioner Mendoza, second by Commissioner Agnew to recommend denial of the request. The motion passed unanimously. For: Commissioners Agnew, Case; Costilla; Garber; Kelsey; Meeks; Mendoza; Sambrano, and Spell Against: 0 Absent: 0 Discussion Topics: Impact of Light Industrial Uses on Saddlebrook Residents Chair Garber said many of the uses allowed by right in Light Industrial were too intense for the adjacent mobile home park (Saddlebrook). He noted that although the current CM zoning was also "Not Preferred", it was the least intense commercial use and the Commission had been generous in recommending that zoning change to EC/ CM last year. Commissioner Spell said that the requested zoning change would allow "bad neighbor" uses by right in an area that should eventually be connected directly to Saddlebrook, and the long-term consequences worried him. Restrictive Covenants Commissioner Spell noted that it would be easier for P&Z to approve something if they had the ability to put a restriction against those "bad neighbor" uses. Chair Garber said there was no way for P&Z to impose restrictive covenants — those would be at the discretion of City Council. Control of Development of Warehouse and Distribution Use Under Existing Zoning Commissioner Agnew said that if the zoning change was denied the applicant could still develop Warehouse and Distribution under the existing CM zoning —they would just need to apply for a Conditional Use Permit - and an alternative compliance process existed for the "Build -to Zone" and parking location requirements. A CUP would give P&Z more control over those potentially negative impacts of the development by imposing conditions if warranted —