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Associate Planner Gladhill stated that that is certainly a recommendation the Planning <br />Commission can make. The Commission would have to decide what they think it should be re- <br />zoned to and it would require a comprehensive plan amendment to make that change.. There are <br />negative implications that the Council will have to decide and the hardships that are along with <br />that. Again we have to consider what the zoning is today. <br />Planning Manager Miller stated with the current application the City is bound by the contract on <br />the site; the contract states it is zoned R-3 and there are other issues involved. <br />Associate Planner Gladhill in addition to honoring the purchase agreement the City has to <br />consider the fact that the application was received under R-3 Zoning standards, even if the <br />zoning changed tomorrow, the application has to be considered under R-3. <br />Discussion ensued regarding the size of building, bedrooms, and living area as required by State <br />Statue. <br />Commissioner Van Scoy clarified it is zoned R-3, this is a permitted use, and not only permitted, <br />but it is protected by State Statue and the Federal Fair Housing Act. It is very difficult piece of <br />property to put anything on. <br />Associate Planner Gladhill, stated it is Staffs responsibility to inform our applicants what the <br />zoning is, and it is up to the applicant to resolve for those zoning regulations. The zoning <br />ordinance, which the Commissioners helped set, is the tool you need to review this application <br />on. Staff is looking for direction from the Planning Commission as to what to forward onto the <br />Council. <br />Commissioner Van Scoy asked why a parcel in Town Center was not available. <br />Planning Manager Miller stated the one lot Ms. Matthews was looking at with the trees is where <br />all the-storm water is going. The trees will not be there, and lot is not available to sell because it <br />will end.up being a pond. The other lots wouldn't be wooded or at the price point that this lot <br />was available for. <br />Associate Planner Gladhill stated the request was to know where the zoning areas are in the city <br />that would fit the request. The developers take it from there. <br />Commissioner Van Scoy stated his interpretation is that we are obligated to make the decisions <br />based on ordinances and rules provided. At the same time we may make recommendations that <br />don't conform or say things that we would prefer. <br />Chairperson Levine stated he doesn't think the building fits on this piece of property. <br />Planning Manager Miller pointed out this is very similar to the conversation the commission had <br />when Comfort of Homes came forward. <br />Planning Commission/August 5, 2010 <br />Page 8 of 10 <br />