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2O7 Councilmember Mercer explained that the application before Council tonight is the completion of a previous action taken by Council relative to annexation of the subject property. Mr. Wiemken asked several questions regarding the Environmental Impact Report and why it is necessary to have one. He spoke in opposition to several points in the EIR relative to traffic, trees, and density. He expressed concern about the proposed road on Trenery being opened up to access on Santa Rite Road. He stated the EIR indicated there was no public controversy to this appli- cation, which was not true. He suggested the area be zoned Agricultural. Mr. Wiemken concluded by requesting that Council continue this item until after the joint meeting on October 25, 1982, when consideration will be given to total develop- ment of the area. Mr. John Montgomery, Trenery Drive, stated he was not in opposition to the pre- zoning application before Council tonight, but is concerned about future plans and traffic patterns on Trenery Drive. He stated he would discuss this further at the F~' meeting of October 25th. F~' There being no further testimony, Mayor Butler declared the public hearing { GO closed on the application and the negative declaration. ~ fy~ After discussion, it was moved by Councilmember Mercer, and seconded by Council- member Brandes, to reopen the public hearing on this item and continue it indefinitely. ~ ~ The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, Mohr, Wood, and Mayor Butler NOES: None ABSENT: None Application of Devcon Constructip~ Inc.~ to rezone an approximately 14 acre site on the west side of Rheem Drive between Trenery Drive and Mohr Avenue from the IP (Industrial Park) to the PUD (Planned Unit Develop~ent).-Industrial District Mr. Harris presented his report (SR 82:404) dated October 4, 1982, regarding this matter. Mayor Butler declared the public hearing open on this item. Mr. Berry Fernaid, representing Devcon, stated he concurred with the staff report and had no problems with the conditions. Mr. Gil Barbee, 147 Bernal Avenue, land surveyor representing CPK and Associates as well as other property owners, stated the owners are not in favor of PUD Indus- trial zoning; that industrial park is the only appropriate zoning for this property. He requested that this item be continued until all property owners could review and comment on the impacts of the proposed zoning change. He stated he did not feel the developer is going through the'proper procedures of the application process. z Mr. Fernaid reviewed the development plan and the reasons for requesting PUD- Industrial zoning which will allow greater flexibility with regard to setbacks and other site development criteria, and will enable them to come up with more imagina- or tive designs for the sites. He stated the development plan application will be con- sidered by the Planning Commission at their meeting of October 13, 1982, if Council approves the rezoning application tonight. He stated that it is imperative for con- · e~ struction to begin before the winter rains. He stated this minor zoning adjustment sit did not affect the uses allowed and would not lessen the quality of the project. He w~lj concluded by stating that the PUD zoning gives Council more control and that also and ~c Devcon will enforce CC&R's on this property. ~uL There being no further testimony, Mayor Butler declared the public hearing 5e ac ed. closed on this item. 9. 10/12/82