The planning commission will hear a request for a rezoning permit for the 800 to 900 block of South Washington Street from C-2 (Roadway Commercial) to R-4 (Residential Multifamily) during its meeting on Tuesday.
Chavez Management LLC, the owner of the Poteet Minor Subdivision, which consists of 1.76 acres and un-platted metes and bounds property to the north consisting of 1.08 acres, according to a staff report prepared by Senior Planner Ben Rhoads on April 7.
In the report, Rhoads is recommending the denial of the permit because the city's future land use map calls for the property to be zoned as industrial, which does not comply with the proposed R-4 zone. The permit will go before the city board of directors on May 4, whether it is approved or denied by the planning commission, the report states.
This is the same property that Chavez tried to rezone to R-2 in May of 2020. The planning commission denied that permit in a vote of 5-1 during its meeting last May. Commissioner Thomas Montgomery was absent during that meeting and Commissioner and then-Vice Chair J.W. Smith voted to approve the permit.
Prior to the 2020 meeting, Chavez Management Owner Javier Chavez sent a letter to the city and requested that Rhoads read it into the record for it to proceed to the city board of directors.
The letter detailed Chavez's reasons why the permit should be approved. He concluded the letter by saying if the permits are denied, he will have to consider putting in an industrial commercial property, which could include an adult or sex-oriented business.
Civil Engineer Ron Homeyer, who is acting as the agent for Chavez, said he does not know what Chavez plans to do if the permit is denied.
Denial of the old permit
During the planning commission meeting in May of last year, Commissioner Ted Song made a motion to deny the rezoning permit, but the motion died for a lack of a second. Then-Planning Commission Chair Todd Colvin consulted City Attorney Jay Williams and asked if the permit would still go to the city board without a recommendation. Williams said yes.
The commissioners held a second vote to deny the permit and it succeeded with only Smith voting against the denial. When asked why he voted the way that he did, Smith said prior to the reading of Chavez's letter he was leaning the other way, but following the reading Smith thought there were just too many underlying circumstances.
The previous permit was denied for several reasons, including conflict the with the future land use map and proximity to the railroad, the neighborhood context being affected by having small houses built in an area that consists of mostly large houses and issues with the drainage.
Before the city board
When the permit went before the city board in June of 2020, the directors debated for approximately 45 minutes on whether to approve or deny the rezoning request. Director Marla Sappington did not accept the issue of neighborhood context and the proximity to the railroad tracks but did agree the drainage was an issue.
Director Brad Burns said the board should side with the planning commission because they were entrusted to handle these matters. Director Carol Smiley seconded Burns' comments.
Former Director Bob Coleman said he could not imagine the city should be saying the zoning needs to be commercial or industrial in the middle of these big homes. Coleman also said that he drove down the street and noticed there were a greater number of smaller homes than there were larger homes. Coleman also praised the planning commission for the work they do but said they are not infallible.
"I do have the ultimate appreciation for our planning and zoning people," Coleman said. "I think they do a fantastic job, but I made a mistake once, so maybe this is one they made."
Chavez did not say whether he will still look at putting in the industrial commercial complex he described in the letter last year.
The planning commission will also discuss and hear the following items:
Development permits
• A significant development permit for 22000 Hwy. 16. This item will go before the board on May 4.
• A preliminary plat development permit for the 600 to 700 block of East Lake Francis Drive.
• City comprehensive plan monthly update.
Board approved permits
• Annexation/zoning development permit for 23006 Lawlis Road. This item was approved by the board on April 6.
Staff approved permits
• A lot split development permit for 402 S. Oak Hill St. The board approved easements on April 6.
• A lot split development permit for 911 Hwy 16 S. Easements will go before the board on April 20.
• A lot split development permit for the 3000 block of Waukesha Road. Easements will go before the board on April 20.
• Lot line Adjustment permit for 415 E. University Street. Easements will go before the board on May 4.