A2.33-acre property along State Highway 9 which abuts residential areas to the north was the topic for the Newcastle City Council during its December meeting. The property owner and area residents had been discussing uses of the property for some time, with area residents against a proposed Planned Unit Development saying they wanted the property to remain a rural setting.
When the rezoning request from suburban estate residential to PUD originally came before the planning commission, they denied the request 3-0, citing that they knew areas along SH-9 at S.E. 44th, which runs parallel in the highway’s right-of-way, will eventually all be commercial. Planning commission members in their denial, according to member Gordon Harness, said “maybe it’s not time yet.”
The city’s staff and the City Council disagreed saying the PUD offers the greatest protection for a soft development in the area, while ensuring certain requirements can also be added. That was the Council’s ultimate decision but not before a good amount of discussion.
A vacant lot to the west of the property is unrestricted in usage, according to Mayor Karl Nail, and if the PUD is not approved this time, there’s a chance that the property will come back before the City again with something that is not as restricted.
“Getting something in there that is complementary to the neighborhood would be better than leaving it open,” Nail said.
Several neighbors in the area spoke against the rezon
ing, saying there will be additional traffic, causing traffic control issues at both May Avenue and SH-9 and Pennsylvania and SH-9. They cited security concerns, blight, illumination of the area because of additional lighting, noise, and litter.
Robert Gould said the property backs up to his, and he objects mainly to having any retail on the property. He said his main issues are traffic and noise, and he believes additional traffic will cause a “real disaster” at the Pennsylvania entrance to SH-9.
Gabriel Zarate, also a neighbor in the area, said the PUD is just a proposal and not a completed design. He said plans can change, and it’s difficult to know what is actually going on the property. He said he was concerned with security in the area, blight of the building over time, and illumination of signage.
“I’m opposed to it no matter what is built there because we just don’t know what it will be,” Zarate said.
Micha Moyer said she has concerns with drainage coming from the property, items being blown or washed into her neighborhood, and the traffic and safety issues with kids.
“It doesn’t serve the properties and people in the area, but brings problems of noise, light and litter to the area,” Moyer said.
Property owner Amy Coker was ill and could not attend, but a statement was read on her behalf. She states security concerns, and that any building would take away her view of the sunset and replace it with lighting.
Naomi Byers shared her concerns of the property being maintained.
Jason Spencer was at the meeting on behalf of the rezoning applicant, Crafton Tull & Associates, Inc. on behalf of property owners Dale Reynolds and Angela Reynolds. He said the PUD is greatly restrictive on what can be built on the land.
“It meets or exceeds city code,” Spencer said. “This would be a residential-style building with a pitched roof that is similar in appearance to the Traditions Spirits building in the area.”
Spencer said the building would be about 14,000 square foot with a maximum height of 35 foot, with a setback as described in the PUD with about 150 feet of space between the building and the back fencing. He said there would be six-toeight foot wood fencing with either brick or block columns in front of the residential areas, and parking as required in the PUD.
There’s a retention pond planned in the northeast portion of the property which will maintain the current drainage pattern, and a septic system will also have to be installed.
“Lighting would be in front mainly, but no spill over on the neighbors,” Spencer said. “City code is pretty restrictive and we would even exceed that.”
Mayor Nail said frontage being commercial and backing up to residential is the norm being seen in Newcastle these days when highways and main thoroughfares are involved.
“I’ve never seen an applicant agree to this much of a restrictive use on a commercial application before,” Nail said. “It’s very limited as to what they can use it for. They aren’t marketing this for a 7-11.
“It’s going to be very limited, and very low impact.
“I think the applicant is trying hard to be a good neighbor, and not pushing something in there that is going to be detrimental.
The City Council vote was unanimous in approving the rezoning request. In doing so, they added wording to the PUD ensuring that there is at least a 100-foot setback, the building is limited to one story, and the fencing has either brick or stone columns, which are no more than 16 feet apart.
‘Zoning is Difficult’
Nail and other council members agreed that zoning decisions are the hardest decisions the Council has to make.
They said they have to balance out the needs of the area residential owners with the rights of property owners to do with their property as they would like.
