R98-25 AUTHORIZING ANNEXATION AGREEMENT

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Excerpts from Plan Commission Minutes of February 5, 1998 Cal. No. 98-07 Petition of RIVERBEND DEVELOPMENT, INC. to rezone a tract of land generally located 1/8 mile (660)feet south of East Mound Road and 1/4 mile (1320) feet west of Brush College Road from R-1 Single Family Residence District to M-1 Light Industrial District. Mr. Phillip Cochran, Consulting Engineer, was present and spoke for the petition representing the petitioner, Mr. Adam Mervis. Attorney John Sanner was also present. Mr. Cochran stated that the request is to rezone 24 acres of agricultural property outside the city limits to M-1 Light Industrial which connects to Lot 6 of L& A Industrial Park. Access would be off of L & A Industrial Drive which intersects with Brush College Road. The property is contiguous to Meadowlark Subdivision an�is within 600 feet of Mound Road. The request for rezoning is in accordance with the e�sting Comprehensive Plan which shows the area from L& A Industrial Park to Mound Road and from Meadowlark to Brush College Road as light industrial. Mr. Cochran stated that he and the petitioner have worked with City staff and Council on an annexation agreement which binds the developer to develop the property in accordance with the provisions as stated. The petitioner is aware of and has sensitivity to the residential area to the west. As part of the annexation agreement there is no access allowed to Chat Drive. There will be an eight foot ta11 berm as a sight and sound barrier along the west side of the subject tract and extending south to the south line of Lot 6 of L& A Industrial Park. There will be no construction or paving within 75 feet of the residential area(west property line). Mr. Cochran stated that the proposed development containing a total of 37.6 acres is proposed for a truck distribution facility. Lot 6 is zoned M-2 and there are no conditions on the development of Lot 6 for industrial use. In ganting an M-1 zone the City Plan Commission and City Council would be granting a degee of protection to those within the nearby residential neighborhood. Mrs. Washington questioned access to the area. Mr. Cochran stated that Lot 6 has access off L & A Industrial Drive which intersects with Brush College Road. The r'oadway has been constructed for this type of development and high density truck tra.ffic; the road is public right of way and is a City street. There were objectors present: Mr. Joseph Lee, 3336 Chat Drive, was present and stated that he was not necessarily in opposition to the petition but was concerned about the berm which he wanted set back from his property line. Mr. Lee stated that the subdivision floods and the storm drainage is inadequate. He is not opposed to the proposed business but does not want his property damaged. He requested that there be a fence at the top of the berm and questioned the business hours.