Rezoning Request Dies For Lack Of Motion

FARMINGTON -- A request to rezone vacant property on Southwinds Drive to allow a multi-family development died on the table last week at the Farmington City Council meeting.

After several residents spoke against the request, no one on the City Council made a motion to place the rezoning ordinance on first reading.

"The ordinance dies for lack of a motion," said Mayor Ernie Penn.

After the meeting, Alderman Terry Yopp said the request failed because "it was the right thing to do for the community."

According to city ordinance, another request to rezone the property cannot be introduced for one year.

The Farmington Planning Commission, on July 28, voted 4-2 to recommend rezoning the property. Rezoning requests have to be approved as an ordinance by the City Council.

Kerry Pitts, of Farmington, requested to rezone the property located behind Jim's Razorback Pizza and across from Cedar Brook Place from Residential-Office and Residential-2 to Multi-Family-2, which allows developments with two or more units per building. Pitts told the Planning Commission he proposed to construct eight two-story buildings with four-units per building.

Dennis Patrick of 206 Cedar Brook Place spoke against the request at the City Council meeting and also spoke at the Planning Commission's public hearing on the request June 23.

"I'm here to urge you to allow this rezoning to die here," Patrick said. "The citizens in Southwinds are really surprised that this reached the City Council. It was an easy call by the Planning Commission."

Patrick said he wanted to explain to the council why the rezoning request did not measure up and fit in with the city's Comprehensive Land Use Plan.

He pointed out an MF-2 zone allows high density and this would be across the street from single-family residences on Cedar Brook Place and also within the Southwinds Subdivision, which has single-family residences.

"This utterly disregards the principle of change in density," Patrick said, noting that the city's Land Use Plan and zoning regulations call for orderly growth and development to provide for stability and to protect the character and property values in residential areas.

Patrick handed out copies of the city's Land Use map, pointing out that the map does not show any high density apartment dwellings in or adjacent to the Southwinds development. High density developments are shown in the northeast corner of the city, Patrick said.

"The problem is that this property rezoning takes Farmington's careful plan and totally ignores it," Patrick said, adding, "This is a gross change in density from six homes on Cedar Brook to up to 32 units across the street."

Patrick also discussed how the properties on Cedar Brook Place and in the rest of Southwinds Subdivision are well-maintained and have a stable population of residents, as compared to apartment living where residents are transients with traffic in and out throughout the day.

Another resident, Linda Bell, who lives on Countryside Drive, said she did not live within eyesight of the property but said rezoning to multi-family would not only impact Southwinds, it would impact the entire community.

"I'm appalled it has even gotten this far," Bell said. "It's mind-boggling."

She said her number one concern was crime generated by high density apartments.

She said if the council rezoned the property, her house would be the first one with a real estate sign in the yard.

"I will leave Farmington," she said. "I cannot risk living where I cannot have faith in our Planning Commission or our City Council."

Like Patrick, she urged the City Council to let the request die.

Two members of the Planning Commission addressed aldermen, both speaking against the request.

Judy Horne voted against the rezoning at the Planning Commission meeting. Horne said she opposed the request based on land use. She said the commission worked for a long time on the Comprehensive Land Use Plan and looked at the city using a bird's eye view. The new Land Use Plan shows the vacant land as appropriate for a Residential-Office zone, Horne said.

Planning Commission member Sean Schader was absent when the commission voted on the request. He told the Council he would have voted against it.

Jack Gourley of 201 Cedar Brook Place said he's lived the longest of anyone on Cedar Brook.

Turning to Pitts, who was sitting in the room, Gourley said, "I have no problem with you making money. I have a problem with you making money at my expense."

He said he and his wife have lived in Farmington 17 years and their three children have gone through the Farmington school system.

He took issue with the Planning Commission vote, noting one member was absent and another member "had no idea what he was voting for." Gourley noted this commissioner missed the public hearing, had to ask his fellow members what the request was all about and then "voted for it."

Pitts, in addressing some of the comments, handed out a map that showed the vacant land has commercial on one side, and multi-family on two sides. He said his development would be upscale with brick, have one and two bedroom units and he planned to target young professionals and older individuals as tenants.

"The fact is the Planning Commission did vote for it 4-2...I hope you do as well," Pitts said.

Bell responded that she believes Pitts' expectations are unrealistic and "pie in the sky."

She added, "You may hope to get $800 to $900 but you are going to have to rent it for what you can get."

Bell said senior adults would not want to live in a two-story unit.

The development may start out looking "lovely," but would not remain so, she said, pointing to duplexes on Killdeer and Rainsong.

Following the public comment period, City Council members asked a few questions but did not have much discussion among themselves about the request.

Afterward, Alderwoman Brenda Cunningham said she believes anytime citizens come to a meeting to speak about an issue, the Council has the responsibility to listen to those comments.

Pitts on Thursday said he has terminated his contract to purchase the land.

"We knew it was a long shot going in," Pitts said. "But without a doubt, there is a need for upscale condos and townhomes in Farmington."

General News on 08/20/2014