when a rezoning Ordinance is recommended for approval by Planning
Commission, the Ordinance goes directly to City Council for review and
approval. He stated if the Planning Commission denies a rezoning
application, the denial is the final decision, resulting in the appeal. Mr.
Walker stated the City Code requires City Council to act on the appeal
hearing before the zoning map amendments are heard and voted on and if
the appeal is denied, the item will be considered denied and will not
proceed to a City Council hearing, but if the appeal is approved, Planning
Commission's decision is overturned and the rezoning application will be
processed for City Council consideration in the future through the standard
process. He stated if the appeal is approved, City Council may incorporate
any testimony given at today’s hearing during the rezoning hearing and they
are processing a change in Code to prevent any future confusion regarding
this type of issue.
Councilmember Henjum asked if the appeal is a result of the conflict in City
Code or the matter itself. Mr. Walker stated the appeal is about the matter
itself.
Chris Sullivan, Senior Planner, City Planning Department, presented the
appeal from the related City Planning Commission decision that denied the
Zone Map Amendment application pertaining to approximately 2.17 acres
located at 4880 Airport Road from R1-6/AP-O (Single Family - Medium
with Airport Overlay) to R-5/AP-O (Multi-Family - High with Airport Overlay).
He provided an overview of the vicinity map, applications, project summary,
site plan, timeline of review, stakeholder involvement, agency review,
PlanCOS compliance, application review criteria, and optional motions.
Councilmember Rainey asked what “potential intensity of the use” means.
Mr. Sullivan stated the R-5 Zone allows for a density of up to twenty-five
units per acre so the maximum number for this property is fifty units.
Councilmember Henjum asked why the item was withdrawn from the
January 13, 2026 City Council meeting. Mr. Sullivan stated it was
determined by the City Attorney’s Office and the Planning Department that
the item could not be voted on by City Council due to the way the UDC was
written.
Ann Odom, NES, representing the applicant, identified the site location,
zoning, request, project description, public comment, Planning
Commission meetings, review criteria, PlanCOS compliance, compatibility
with surrounding neighborhoods, illustrative concept, traffic review,