Minutes - Council - 05/25/2004 - Laserfiche WebLink

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Case//8: Cousider Request for Comprehensive Plan Amendment; Case of Patriek Fitzpatrick Assistant Community Development Director Trudgeon explained the 2001 Comprehensive Plan shows the property located at 9150 Highway 10 as Low Density Residential. Patrick Fitzpatrick resides on the subject property and recently became aware of the parcel's residential land use designation. Mr. Fitzpatrick does not agree with the residential designation and is requesting a comprehensive plan amendment to change the land use designation from Low Density Residential to Places to Shop. Staff found maps from 1999 showing the property as residential. Staff is unsure why that particular piece of land had changed, but thinks the surrounding neighborhood played a part in that, and the fact that there is currently a residence on the subject property. Mr. Fitzpatrick has expressed concern that he did not receive notice about the re~ designation. Staff did send notice to all postal patrons during the process, although Mr. Fitzpatrick would likely still contend that he was not fully aware of the changes. A public hearing was held at the Planning Commission meeting and the Commission recommended denial o£ tiao comprehensive plan amendlnent, as well as the rezoning. Assistant Community Development Director Trndgeon advised while it may not be clear what the exact reason was for changing the subject property's land use in the Comprehensive Plan, the property has been historically residential and is located directly on the river. In recent Comprehensive Plan amendment requests, the City Council has indicated a preference for non- commercial uses directly on the river, with the possibility of changing to a commercial use if a desirable plan is brought forward by the land owner. The redevelopment of this parcel for a commercial use may also be constrained by its location directly on the river and potential need for expanded access to Highway 10. He noted Mr. Fitzpatrick is also asking that the City waive tile application fees for the Comprehensive Plan Amendment and Zoning Amendment. Pat Fitzpatrick, 9150 Highway 10 NW, stated the property he resides in has been in his family for 35 years. He was not aware the City was rezoning it so he did not have a chance to move forward before. He asked to have staff send him what would have been sent to him regarding the rezoning, and what he received was a newsletter. In the newsletter he cannot tell where his property is. It shows the working critical boundary area 1-½ miles away from his house. He spoke to a commercial realtor and developer, and they said mixed use, rather than B-2 would be the most appropriate zoning for the property, it would allow his residence to stay conforming and havo R-2 development. His understanding is that the property at 9340 Highway 10 was aware of tile rezoning and came forward, and was granted mixed use zoning. He is asking for the same thing. Mayor Gamec commented a plan gives the Council a better opportunity to look at what is being proposed, t-to commented notification has always seemed to be a problem, but the City does its best to notify people through the newsletter and notices. Counciln]ember Kurak inquired if the property at 9340 had a plan for a nursing home. Assistant Community Development Director Trudgeon responded in the affirmative. City Council/May 25, 2004 Page 16 of 27