Developer seeks conditional rezoning on Cedar Creek Grade, applicant proffers bank-only use

Planning staff presented RZ-25-3, a conditional rezoning application to rezone approximately 1.32 acres at 616 and 632 Cedar Creek Grade from RO-1 (residential office) with Corridor Enhancement (CE) overlay to B-2 (highway commercial) with proffers limiting future uses.

Mr. Stewart, planning staff, explained the application and the applicant’s proffers: the rezoning would be conditioned to allow a single, specified use — bank and financial institution — with the development to be built in conformity with the CE overlay standards and the applicant’s draft site plan and architectural renderings. The proffers would also limit the property to no more than two entrances onto Cedar Creek Grade, with a minimum spacing condition the applicant originally proposed at 300 feet apart.

Mr. Stewart noted staff concerns about the 300‑foot spacing because driveways directly opposite one another often improve safe vehicular movement. “If the two entrances were 300 feet apart, they wouldn’t line up” with existing entrances across the street, he said, and staff recommended aligning entrances where feasible.

Commissioners asked about long-term flexibility if a bank later vacates the site. Mr. Stewart said that changing the site’s use from the proffered bank/financial use would require a rezoning or an amendment to the proffers. An applicant representative said the developer reserved the right to build a second entrance and noted topographic constraints: the site drops roughly 30 feet in elevation from the rear property line toward Cedar Creek Grade and could require retaining walls depending on final grading.

Commissioners expressed concern the single-use proffer could lead to future underutilization if banks close, citing examples of vacant bank buildings elsewhere in the city. One commissioner suggested broadening or removing the single-use proffer and instead prohibiting specific unwanted uses (for example, gas stations and drive-through restaurants) while allowing other compatible commercial uses.

On stormwater, the applicant representative said the project anticipates underground stormwater management and identified an existing 60‑inch pipe under the Cedar Creek Grade sidewalk that will factor into on-site grading and stormwater location. The applicant said the eastern lot’s larger setback and a natural swale may reduce the need for expensive retaining walls and allow future development of the second lot if stormwater constraints permit.

Staff and the applicant agreed to revise proffer language to allow driveway alignment with opposite entrances across the street and to clarify whether a second main-use building could be constructed on the combined parcels. No formal vote occurred at the work session; staff and the applicant will return with revised proffers and site-plan details for formal consideration.