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Mansfield City Council remands contested rezoning of 57.95-acre North Mitchell Road site to planning commission
Summary
The council voted 7-0 on March 3 to send rezoning case 24-008 back to the Planning & Zoning Commission after applicants and other developers objected to a C2 designation that they said was not requested and would reduce property value.
The Mansfield City Council on Monday voted 7-0 to remand rezoning case 24-008 — a proposal affecting about 57.95 acres near North Mitchell Road and U.S. Highway 287 — back to the Planning & Zoning Commission for further review and land-use study.
The vote came after developers and their representatives urged the council not to adopt a C2 (community business) zoning designation for the property and said they had applied instead for a South Mansfield (SoMa) district. Clayton Comstock, city planning staff, told the council no changes had been made to the application since the Feb. 24 first reading.
Tommy Mann, who identified himself as representing the applicant, said the applicant filed for the SoMa district and never applied for C2. "We didn't apply for C2 zoning. Notices were not sent for the possibility of C2 zoning," Mann said, and asked the council to deny the C2 request or accept the applicant's withdrawal filed the prior Friday. Ben Brunig of Copper Real Estate, a co-developer, told the council the proposed C2 change would significantly reduce the site's value and described the action as a surprise. "This C2 thing feels like a total sneak attack," Brunig said.
Comstock noted the Planning & Zoning Commission recommended approval of the SoMa rezoning by a 7-0 vote at its hearing. Council discussion included a clarification from city counsel that a previously concerned council member "is eligible to vote" after review for conflicts, and that the council could proceed. Council Member Short moved to remand the matter back to Planning & Zoning for a land-use review to determine whether C2 is appropriate and to direct staff to take related actions; the motion was seconded by Council Member Bounds and passed 7-0.
The council remand does not adopt new zoning; it sends the application and related questions back to the Planning & Zoning Commission for further study and recommendation. The council did not set a specific timeline for action on the remanded item.
