Commission delays mixed-use land-use and zoning hearings for Barton/Rainbow Lake proposal to September

The Plan Commission agreed to schedule public hearings in September for a proposed mixed-residential land-use and zoning amendment covering about 28.5 acres south of Barton Avenue and east of Rainbow Lake Lane after discussion of unresolved private-association concerns.

Staff presented the developer’s request to change the land use from multifamily residential to a mix of single-family, two-family and multifamily residential to allow a phased project with six existing multifamily buildings, eight proposed two-family buildings and six single-family homes. The proposal would reconfigure zoning across the site to match the proposed mix.

At the meeting a representative of the existing condominium association raised concerns about how new phases would connect to and share privately owned roads, sewers and a private lift station. Staff and several commissioners said those are private matters between property owners and condominium associations and their attorneys, not items the city can resolve directly. Commissioners said the association’s concerns — particularly how maintenance costs and dues would be shared — could make the public-hearing record contentious if not clarified beforehand.

After debate, the commission voted to schedule both the land-use and corresponding zoning public hearings for the September Plan Commission meeting (rather than the earliest practicable meeting that staff noted could be in August). Commissioners and staff encouraged the developer and the condo association to resolve outstanding legal and maintenance agreements in advance so the hearings would proceed on a clearer record. Staff said subsequent steps would include site-plan review and an amended development agreement if the zoning and land use are approved.