2023.01.09 Packet - Laserfiche WebLink

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Memorandum To: Bryan Bear, City Administrator From: Rachel Juba, Community Development Director Date: January 3, 2023, for the City Council Meeting of January 9, 2023 Re: Discussion on Petition from Flay Avenue Neighborhood Residents 1. BACKGROUND: In April 2022, the Planning Commission and City Council reviewed a sketch plan application for Premier Banks. The bank proposed rezoning the northwest corner of 147th Street North and Highway 61 to Central Business (C-1) from Future Central Business (FCB). The City Council directed staff to have a neighborhood meeting with the surrounding property owners that own property zoned FCB on Flay Avenue North to provide background on the FCB zoning district and how the area might develop. The Future Central Business district (FCB) represents transition areas that have been identified as practical and generally suitable for future development as part of downtown. The purpose of the future central business district is to provide a holding zone until a landowner makes application for development, at which time the city may rezone the affected property commercial consistent with the downtown plan, provided the development does not result in the premature extension of public utilities or impede planned road improvements. Residential land uses are allowed to continue pending future redevelopment consistent with the city's downtown plan. On June 9, 2022, the City Council held a neighborhood meeting with property owners that own property zoned Future Central Business (FCB) on Flay Avenue North. In general, the neighborhood was unaware of the FCB zoning of their property and were under the impression that they were all zoned residential. Most of the neighborhood did not want to have commercial in the area. Some of the neighbors were okay with commercial uses in the area. Some property owners asked what would need to be done to rezone the property to residential. Staff stated that a petition could be made for the City to consider the rezoning to residential. It was noted that it would likely need to be all of the property owners agreeing on the rezoning for it to be considered. Staff has received a petition to rezone all of the properties in the neighborhood along Flay Avenue North to only allow residential uses. Not all property owners signed the petition. The signatures represent 60% of the properties in the neighborhood. To rezone the properties the City Council could direct staff to initiate a rezoning of all of the properties in Flay Avenue. Rezoning of properties includes evaluation of the approval criteria, public notice, and a public hearing at a Planning Commission meeting. J.1