The Farr West Planning Commission on Thursday recommended denial of a developer’s request to rezone a 6-acre parcel at 4000 North from C‑2 (commercial) to mixed‑use, but unanimously approved the project’s development agreement and forwarded both items to the City Council for final action.

The decision followed a presentation by Amy Ross Kelly, who said the Park Plaza Court plan would place single‑family homes along the existing residential edge with townhomes and small commercial units closer to 4000 North. “We would buffer the existing homes with the single‑family detached homes so there’s some peace of mind,” Kelly said during her slide presentation to the commission.

The development agreement that the commission approved specifies setbacks, densities and design standards for the single‑family lots, alley‑loaded townhomes, and up to a few small commercial shells. Commissioners said that the agreement is more prescriptive than standard zoning and gives the city enforceable terms for how the property would be built.

But dozens of nearby residents who spoke during two public hearings urged the commission to reject a rezone that would change the underlying zoning to mixed‑use and, they warned, potentially make future changes easier. Residents repeatedly raised three recurring concerns: chronic drainage in yards along the parcel’s western fence line, increased traffic and safety at the Smith and Edwards intersection and 4000 North, and the prospect that townhomes would be rented or converted to multifamily uses over time.

“My entire fence line floods anytime it rains,” said Mike Lopez, who lives directly west of the site. “They need to plan for some sort of runoff or people buying houses are going to come into a pond in their backyard.” Several speakers urged the commission to prohibit rental units; developer materials stated the proposal would allow up to six of 14 attached units as purpose‑built rental product but said owner‑occupancy requirements could be reinforced by HOA covenants.

Commissioners discussed those issues at length. Planning Commissioner Lou said the petition and neighborhood turnout “goes a long ways with me.” Commissioner Lyle made the motion to approve the development agreement; the motion passed on a voice vote. Later, after the public hearing and additional discussion, the commission voted on a recommendation to deny the rezone: roll call was Greg (aye), Lyle (nay), Lou (nay), Darren (aye) and Jason (aye), producing a 3‑2 recommendation that the City Council deny the rezoning request.

City staff and the developer told the commission that engineering and stormwater details must still be reviewed and approved in subsequent site‑plan and construction permitting steps. Amy Ross Kelly said the construction plans will include yard drains, collection boxes and detention for on‑site stormwater and that those designs would be submitted for engineering review. “We do plan to put yard drains in,” she said, describing collection boxes to gather lot runoff that would be routed to a land‑drain system and detention basins.

Commissioners and staff also reminded residents that a development agreement combined with a site plan provides specific, enforceable requirements and that any future substantial changes would again require public hearings and review by the commission and council. The commission’s action on the development agreement will go to City Council with a recommendation for approval; the rezone recommendation for denial will also be forwarded to council for its consideration.

The City Council is scheduled to consider both items at its next meeting; the council makes the final decision on rezonings and development agreements.

Residents who asked for stronger protections on drainage, traffic mitigation and limitations on rentals were told those topics will be part of the site engineering review and the HOA and CC&Rs. The commission encouraged residents to continue monitoring public notices and attend the City Council hearing.