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CASE # I REQUEST TO AMEND THE ZONING DISTRICT BOUNDARIES IN THE PLAT OF RIVENWICK; CASE OF FAYE CONSTRUCTION By: Zoning Administrator Sylvia Frolik Background: As you may recall, early in 1991 we went through thc rezoning process to amend the business and residential districts in Rivenwick to coincide with the plat. The proposed ordinance to rezone the property according to the plat was introduced by City Council. As a matter of policy, I don't bring the ordinance back to Council for adoption until the final plat is adopted. I do this for two reasons: a) I don't want to rezone the property until I am sure the plat will happen; and b) it makes for a simpler ordinance if the legal descriptions of the property to be rezoned are based on the final plat (lots and blocks) versus the metes and bounds descriptions. As you know, the plat did not receive final plat approval until two years later and consequently what was approved in 1993 was significantly different in terms of block and lot numbers to what was being considered in 1991. Therefore, the rezoning ordinance introduced in 1991 is incorrect with respect to legal descriptions and I have determined that it would be best to repeat the process based on the final plat as it has been recorded. Observations: The ordinance introduced in 1991 proposed to amend the zoning district boundaries to retain B-3 Highway Business adjacent to Hwy. #10, B-1 Business south of the B-3, and R-1 Urban Residential south of the B-1. When it became evident we had to reprocess the rezoning, the Applicant has requested that the proposal for B-1 Business between the residential and the B-3 District be eliminated and that all of the commercial property be zoned B-3 Business. The Applicant's request is based on the broader list of permitted uses in the B-3 District. City Staff feels that the B-1 District will serve as a good buffer between the residential portion of the plat and the more intense B-3 Highway Business. The following items are enclosed for your information: a) b) c) d) e) Site location map Present zoning configuration Applicants proposed rezoning configuration Staffs recommendation for rezoning configuration Excerpt from City Code regarding B-3 and B-1 permitted uses Proposed findings of fact Recommendation: City Staff recommends approval of the rezoning with the inclusion of the B-1 Business District. Commission Action: Motion to recommend that City Council rescind Findings of Fact #91-04-085 and adopt Findings of Fact 4/. relating to a request to amend the zoning district boundaries in Rivenwick (aka Faye 2nd Addition). Motion to recommend that City Council adopt Ordinance #93- district boundaries in the plat of Rivenwick. __ to amend the zoning Review Checklist: P&Z: Zoning Administrator 2/2/93