13 - Zoning Change - B.D.T. Subdivision, BlockA, Lot 2, behind 3850 Lamar - petition of George Fisher

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Item No. 13 0�0111 R I 0MV TO: Mayor & City Council FROM: John Godwin, City Manager SUBJECT: ZONING CHANGE, LCAD PARCEL 21132 (BEHIND 3850 LAMAR) DATE: November 6, 2018 BACKGROUND: George Fisher has applied for a zoning change on a vacant 6.78 acre lot behind an existing retail area at 3850 Lamar Avenue. The purpose of this request is to change the zoning from Agriculture to Commercial in order to sell the land to a prospective buyer. The specific use by the buyer has not been indicated to us, but of course Commercial zoning includes a very wide range of allowable uses, so this specific potential sale is not immediately relevant to the facts of the case. Access to this site is limited, and would likely come from 3850 Lamar immediately to the north. STATUS OF ISSUE: Agriculture has been used as a temporary, holding zoning in Paris, and that appears to be the case with this lot. The Future Land Use Plan has for years indicated that the long term use for this site should be residential. This is consistent with an existing residential subdivision immediately adjacent on the east and south. Land immediately to the west was also shown as future residential. The recently adopted new land use plan recognized that this latter site is actually zoned Commercial and Light Industrial, and that land to the north is zoned General Retail. Therefore, the new plan changed the subject property to GR as well. Based on that change, which was approved by the commission and council only in the last several weeks, as well as the contiguous neighborhood which we think should not be encumbered by the many possible incompatible uses available in Commercial zoning, we cannot support this request. In addition, a September 13 letter from the buyer to Mr. Fisher indicates he will accept "either commercial use zoning or general retail use (as indicated on the City's future land use maps)." Thus even the buyer understands and is clearly okay with complying with the new land use plan. The planning and zoning commission considered this matter on November 5, and recommended its denial by a 5-1 vote. The applicant spoke in favor of the request. Three citizens spoke in opposition. RECOMMENDATION: Deny a zoning change from Agriculture to Commercial.