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Preston adopts rezone for Batista LLC parcel; Dollar General contract cited, residents raise infrastructure and compatibility concerns

Preston City Council · September 9, 2024
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Summary

The Preston City Council voted unanimously to adopt Ordinance 2024-7, rezoning a Batista LLC parcel at about 600 North State to allow commercial frontage for a planned Dollar General and Residential A3 for the rear lots; residents raised concerns about water, sewer, farming compatibility and business impacts.

The Preston City Council on Sept. 9 adopted Ordinance 2024-7, approving a rezoning request from Batista LLC that reclassifies parts of a roughly 10-acre parcel at approximately 600 North State to General Commercial along State Street and Residential A3 on the back portion.

Trent Dagley, a partner in Batista, told the council the proposal leaves the front five acres commercial—three of those acres are under contract with Dollar General—and shifts the rear land to Residential A3 to create smaller, lower-cost housing lots. "These homes will be affordable," Dagley said, adding that nearby building lots have been selling for up to $350,000 and the developer expects townhomes to list for substantially less.

The rezoning prompted several questions from council members about compatibility with the city’s Comprehensive Plan and local infrastructure. Councilmember Brent Dodge asked how the amendment relates to the Comprehensive Plan; Dagley said early project research showed affordable housing and a grocery store were top priorities. City Engineer Tyrell Simpson described the parcel’s current zoning mix and later stated, "The water line and sewer line are satisfactory," noting that the hearing was for rezoning only and not for site plans or permits.

Several nearby residents opposed the residential portion during public comment. Paul Swainston said, "This is not the place for it," expressing concern about whether water and sewer along State Street could handle additional homes and about conflicts between farming practices and new residents. Steve Stevens worried that existing commercial tenants—he cited a mechanic—could be forced out by new residential complaints. Ryan Swainston called the layout "flag zoning" and warned of traffic and fire-planning issues.

Mayor Dan Keller and council members emphasized that the public hearing centered on zoning and that details such as street alignment, density and building permits would be addressed later in development review. After deliberation the council dispensed with the three-day reading requirement, read Ordinance 2024-7 once in summary, and voted to approve it; the motions passed by unanimous approval.

What happens next: with the ordinance adopted, property owners and developers will proceed to site planning, permitting and any required infrastructure work; the council specifically noted that rezoning does not itself approve construction plans, and staff and developers must follow applicable permit processes.

Provenance: first discussion began with applicant presentation (SEG 015) and public comments ran through the hearing and ordinance adoption (SEG 015 to SEG 054).