PC Minutes 10/22/07 DRAFT

ITEM NO. 3:  IG TO CS; .499 ACRES; 612 & 616 N 2^ND ST (SLD)

Z-09-17-07: A request to rezone a tract of land approximately .499 acres, from IG (General Industrial) to CS (Strip Commercial). The property is located at 612 & 616 N 2^{n d} Street. Submitted by Paul Werner Architects LLC, for Parallel Properties LLC, property owner of record.

STAFF PRESENTATION

Sandra Day presented the item.

APPLICANT PRESENTATION

Mr. Paul Werner, Paul Werner Architects, agreed with Staff Report but did not agree with all of the conditions. He said they plan on using the southern most entrance as an entrance only and he felt that it was a tremendous burden to put the entrance on one person. The new development code talks about CS district having shared access combined. A buffer yard will be provided to the east. A sidewalk would be negotiated. The carwash was not the best looking property and the applicant would like to improve the site but felt it should be a Site Plan.

Ms. Day that the item had both a public concern as well as an individual site concern. The rezoning could stand on it’s own without the site plan. Staff agreed that there would be a lot of improvements to the site. To remove it from the rezoning means it would be removed from the zoning ordinance, not consideration. Staff was not opposed to removing the condition.

Commissioner Moore asked if there was an access management plan in the works.

Ms. Day said there was a specific access management plan for 6^th Street, but she did not recall one for N. 2^nd Street. The properties were very narrow and had different requirements for off street parking. Closing the curb cut gave them some opportunities for onsite parking.

Commissioner Eichhorn asked if this would be similar for what was being desired on 23^rd Street for access management.

Ms. Day replied, yes.

Commissioner Jennings asked if the brick building on the property would be kept.

Mr. Werner replied, correct.

Commissioner Harris asked if the entrance only was a right turn in only.

Mr. Werner said yes, the entrance would be right turn in only.

Commissioner Eichhorn asked if the right in only turn could be changed at some point.

Ms. Day said that she thought it could be changed at some point.

Commissioner Finkeldei asked what the rationale for inclusion of a condition on the rezoning.

Ms. Day stated that it was a public hearing item.

Commissioner Lawson asked if the condition stayed on the rezoning, would it unlikely be washed out on the Site Plan.

Ms. Day said that Site Plans were only administrative. If the applicant was not satisfied with the Site Plan decision they could appeal to the City Commission. Staff felt that there was more weight to the condition if it was included in the rezoning.

Commissioner Finkeldei asked Mr. Werner if he was opposed to one entrance.

Mr. Werner said they were certainly not opposed to one entrance but that if the improvements became too much, the property would not be redeveloped. The Site Plan would give the applicant more time to talk to the property owner to the north.

PUBLIC HEARING

No public comment.

COMMISSION DISUCUSSION

Commissioner Harkins asked if currently there were three curb cuts and if that would be reduced to two with one right in only entrance.

Mr. Werner replied that was correct.

Commissioner Finkeldei was encouraged by the redevelopment of the site. He was conflicted about the difference between putting the condition on the rezoning or the Site plan. He felt that if there were going to be two access points those could be handled on the Site Plan.

Commissioner Eichhorn wanted to be consistent and defer with what Staff came up with. He did not want to see another study done just to come up with the same outcome as Staff.

Motioned by Commissioner Moore, seconded by Commissioner Lawson, to approve the rezoning of .499 acres from IG (General Industrial) to CS (Strip Commercial) based on the findings presented in the staff report and forwarding it to the City Commission with a recommendation for approval subject to the following condition:

1. Redevelopment shall be restricted to one access point and is recommended along the north property line to be shared with the adjoining property.

Motion failed 5-5. Commissioners Blaser, Eichhorn, Harris, Lawson, and Moore voted in favor of the motion. Commissioners Chaney, Finkeldei, Harkins, Hird, and Jennings voted in opposition.

Commissioner Hird appreciated Staff’s work but felt that the condition could be handled on the Site Plan instead of the rezoning.

Commissioner Harkins felt the project was a huge improvement over the existing site and was worth letting Staff do a Site Plan.

Commissioner Harris inquired about the impact of having a right only turn.

Ms. Day said she did not know that it was necessary a right only turn. She thought the applicant meant that it would be an entrance only, so no existing. To establish a right only turn there would need to be a median on N 2^nd Street and there was probably not room to create an angled right turn in.

ACTION TAKEN

Motioned by Commissioner Finkeldei, seconded by Commissioner Hird, to approve the rezoning of .499 acres from IG (General Industrial) to CS (Strip Commercial) based on the findings presented in the staff report and forwarding it to the City Commission with a recommendation for approval.

Motioned carried 8-2, with Commissioners Blaser and Moore in opposition.