Applicant withdraws rezoning application for 5707 NW 42nd after staff recommends lower‑intensity C3
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Summary
An applicant seeking R‑1 to C‑4 rezoning at 5707 NW 42nd withdrew the request after city staff said C‑3 was more appropriate and identified required site improvements, including a privacy fence, landscaping buffer and dumpster enclosure. The applicant said they will resubmit with corrected materials.
The Warr Acres Planning Commission on Aug. 13 heard a proposed rezoning for 5707 Northwest 42nd Street initially filed as R‑1 to C‑4 for an event‑center use. City planning staff said the application appears to have been filed in error and recommended the parcel be rezoned to C‑3, a lower‑intensity commercial district that allows restaurants, banquet halls and similar eating/drinking/recreation uses under Title 19.36020.
City staff told the commission the application packet lacked several items needed for a complete review, including a dumpster enclosure on the site plan, a perimeter privacy fence and additional landscaping to buffer adjacent residential yards on the east. Staff also noted most surrounding parcels are R‑1 single‑family residential and that C‑4 is reserved for higher‑density commercial corridors; an attorney reminded the commission it could only vote on the change that had been noticed (R‑1 to C‑4) and that a change to C‑3 would require a new notice to neighbors.
George Marquez, representing proprietor Jose Villator, told the commission the C‑4 listing was a mistake and said the applicant “absolutely accept[s] the recommendation to C3,” asking to withdraw the current filing and resubmit with corrected materials. Staff advised the applicant there is a 20‑day mailing deadline to notify adjacent owners for the next meeting and that a corrected ownership list and site plan would be required.
The commission recorded the withdrawal so the applicant may reapply for C‑3 with the requested site plan improvements and proper notice. If the applicant resubmits in time, the item could return to the planning commission at the next meeting; final action on rezoning rests with the Warr Acres City Council.
