Planning commissioners recommend rezoning large tract at Rock Road and 50 Fifth Street South

The Derby Planning Commission on Feb. 20 voted 8-0 to forward to City Council a recommendation to change zoning for a 36.43-acre unplatted tract at the northwest corner of Rock Road and 50 Fifth Street South from R-1 (single-family residential) to R-2 (two-family residential) and B-3 (general business), subject to platting within one year and an exception for a western strip of the property to remain single-family.

City staff presented the request and said the applicant seeks 26.75 acres to be rezoned to R-2 and 9.68 acres to B-3. Staff noted the request largely mirrors zoning already approved on the southeast corner of the intersection and argued market demand for two-family and commercial development is stronger than for low-density single-family homes in that area.

The planning commission heard from Jay Cook, agent for the applicant with Boffin Company, who said the applicant is "agreeable to everything" staff proposed regarding buffers and transitions. A nearby resident, Jesse Whitmore of 7272 East 50 Fifth Course South, asked about drainage and the floodplain; staff replied that drainage issues are addressed later in the planning process. Staff also said sanitary sewer extension, which must come from the west due to topography, will be required and financially guaranteed as part of future planning and platting.

City staff reviewed the commission's 10 findings of fact and recommended approval with one qualification: the commission should leave a western strip of the tract zoned for single-family use. During findings discussion staff described the area as part of Derby's developing edge and said previously approved zoning on the east side of Rock Road would allow about 1,600 dwelling units and substantial commercial square footage over the next 20 years, altering the character of the intersection.

A motion forwarded a recommendation of approval to City Council to change the zoning district classification from R-1 to R-2 (except for the west 50 feet of the subject property) and to B-3, based on the findings of fact and subject to platting within one year. The motion passed 8-0. The planning commission's action is a recommendation; final zoning approval rests with City Council.

Clarifying details recorded in the meeting include: the tract size (36.43 acres), acreage requested for R-2 (26.75 acres) and B-3 (9.68 acres); staff had earlier described a recommended western exception as 150 feet during findings review but the recorded motion referenced "the west 50 feet"; the property was annexed with an effective annexation date noted as Nov. 6; public notice was published Jan. 29 and a sign posted Jan. 30. The planning commission recorded no written opposition during the hearing.

The commission also noted that because the property is unplatted it must be platted before development; staff recommended the plat be completed within one year as a condition of the recommendation. The commission did not set development standards at this meeting beyond those tied to the zone classifications and the platting requirement.

The matter will go to Derby City Council for final action. The planning commission record shows the recommendation and supporting findings will accompany that submittal.