Developer Andy Bunge’s request to rezone the four Park Lane development parcels from R-2 (One and Two Family Residential) to R-3 (Multi-Family Residential) was considered at the Preston City Council’s June 5 meeting. Planning and Zoning had recommended approval of the zoning request after a May 31 public hearing, contingent on Bunge purchasing the parcels and obtaining a legal description of the property.
The city council had voted unanimously at their April 17 meeting to reassign the option agreements with Winslow and Sackett to Bunge. The agreements had originated with the city of Preston in 2020 and had been extended to August 2023.
The agreements allow the buyer to transfer the parcels to a different zoning district. Bunge sought the R-3 zoning “to allow for a higher density of residential housing for better land use practices and provide what the marketplace is looking for and to help this project be affordable for all involved.”
Residents attending the meeting were all opposed to the rezoning, including Winslow and Sackett.
Councilman Dean Aug said he voted against the motion at the Zoning meeting, adding some people have safety concerns with multi-family housing in their backyard.
It was made clear that in order to deny the request, state statute requires a valid reason other than neighborhood objection. City Attorney Dwight Luhmann warned city council members that they need a rational reason that is not just fear, conjecture, or speculation about safety concerns.
Helen Winslow said the housing will be in a vulnerable community, people with disabilities. She added there are no sidewalks. Cliff Sackett maintained it should be zoned R-2 so homes are built like we thought would be built (single family homes or duplexes).
Mayor Kurt Reicks said Bunge could sell the property to someone else. There is concern for the health, safety and welfare of the public.
Luhmann, speaking for the EDA, said single family homes are not needed to address a public welfare issue. “In my opinion the make-up of the neighborhood will not be changed, if zoned R-3. It is not feasible to build an apartment building, so that kind of development is unlikely. We now have someone willing to assume the risk and provide needed affordable housing. It is not feasible to develop the parcels under R-2 zoning.”
After considerable discussion, a motion to rezone the parcels failed. Councilmen Sparks and Hall voted for the motion. Flossie Schultz and Aug voted against. Mayor Reicks decided to vote against because of the unknown; he said it would have been nice to see a plan.
Luhmann commented, “As city attorney I can give advice but can’t make you take it.”
Bunge said the major reason to go to R-3 is to allow for a 4-plex to make the project more feasible. Bunge added he heard no lawful reason to reject his application. City Administrator Ryan Throckmorton said the cost to put in the needed infrastructure is astronomical and the only way to make it feasible is to increase the housing density.
The main reason expressed for the denial was increased traffic. Bunge suggested the reasons were arbitrary and the city should come up with a legal reason for the denial.
Other business in brief
• A variance requested by Fillmore County to the road right of way setback for a proposed addition to the south of the existing county jail building was approved as recommended by Planning and Zoning. The variance will be 19.5 feet; city code requires a 35-foot setback from the street right of way. The addition is for a training and communication room. Commissioner Mitch Lentz said it will also serve as a safe zone for the community.
• Throckmorton announced they do have some applicants for the EDA/Tourism/Chamber position. There may be a recommendation at the next council meeting.
• Approval was granted for use of Servicemen’s Club parking lot on June 24 for Prevent 22 task force event.
• The city council will meet next on Tuesday, June 20 at 7 a.m. Monday, June 19 is a state holiday in observance of Juneteenth.
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