Daniel council denies rezoning request for South Daniel Road property

The Daniel Town Council voted on Nov. 3 to deny a rezoning application that would have changed property at 2530 South Daniel Road from RA-5 (residential agricultural) to an industrial designation, council members said at a sometimes contentious meeting.

The council’s decision came after extended debate about whether the vote should occur at this meeting or be delayed to allow the applicant to submit a development agreement limiting allowable uses on the property. Mayor Kohler read the planning commission’s summary of the matter, which noted the applicant (JDCO LLC, referenced in the packet as PATCO) is proposing a 12,000-square-foot office and shop building and that the planning commission had continued the discussion to permit the applicant time to provide additional information.

Why it matters: Rezoning from RA-5 to industrial would change the permitted uses on the parcel and could allow a broader set of commercial or industrial activities; some council members said voters and neighbors raised concerns during prior public hearings and wanted conditions tied to any zone change. Members arguing for delay said a development agreement recorded on the deed could restrict uses if the zone is changed; members arguing to proceed said the council had previously scheduled a vote and should follow through.

Council action and outcome: After discussion, a motion to deny the rezoning application was moved and seconded and the council proceeded to a roll-call vote. The motion carried, denying the RA-5→industrial rezoning request for the JDCO/HADCO application. The council and planning commission discussed that the applicant remains free to submit a new or amended application (including a development agreement) for further consideration.

What council members said: Mayor Kohler emphasized the role of the planning commission in vetting land-use changes, saying, “If we don’t listen to them, why do we even have a planning commission?” (reading the commission’s report). Several council members said the prior motion at the October meeting had set an expectation of a November vote; others said the planning commission’s request for additional documentation justified a continuance.

Next steps: The planning commission will continue its review and the applicant may return with a development agreement or revised application. The council indicated they will consider any new materials and re-notice hearings as required by local code.

Details and provenance: The rezoning application was discussed extensively at the planning-commission summary and during agenda-item 4; the planning commission’s October 15 summary and subsequent council discussion were read into the record by the mayor.