Council urges SPUD rewrite for rezoning at 5707 NW 42nd, waives refile fee

Council considered a rezoning application for 5707 Northwest 42nd Street, a vacant former church property proposed to change from R1 to C3. Staff explained the applicant had earlier applied for a heavier C4 zone, withdrew it, and reapplied for C3. Planner/legal staff said the property meets parking and buffering requirements for C3 but warned council that a straight C3 rezoning gives broad future development rights that could persist if the property is later sold.

George Marquez, representing the proprietor, described current parking (~60 spaces) and said the applicant intends a small indoor event center—programming intended for 50–60 people, not large outdoor concerts—and that life‑safety and building‑permit reviews would set final occupancy limits.

Several councilmembers said they were uncomfortable approving a straight rezoning to C3 because the district permits a wide range of commercial uses (including restaurants and other higher‑impact uses where allowed). Staff and council recommended the applicant withdraw the rezoning and refile as a simplified planned unit development (SPUD) that would list only the permitted uses, set hours of operation, fencing, signage and lighting conditions. To remove an administrative barrier, council voted to waive the SPUD application fee to allow the applicant to return with a restricted use proposal. Council also authorized the applicant to continue non‑permit maintenance on the building but not to begin new business operations until permits and approvals are complete.