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Councilmember Strommen commented part of the thought in the rezoning of the other property <br />had been the bigger larger commercial area would be along Highway 10, with the residential area <br />along the river. <br /> <br />Assistant Community Development Director Trudgeon reported staff received three letters from <br />the surrounding neighborhood in opposition to this change, which are included in the Council's <br />packet. <br /> <br />Councilmember Pearson questioned if Mr. Fitzpatrick's property is low by the river. <br /> <br />Mr. Fitzpatrick replied it is low, but Scenic River requires that they not do anything within 200 <br />feet of the river. <br /> <br />Councilmember Pearson questioned if Mr. Fitzpatrick would be able to build anything in that <br />area. <br /> <br />Mr. Fitzpatrick replied some of it would not be buildable, and he has a pond in the back yard <br />now. The feedback he has received from people that do this for a living is that the vision they <br />saw was potentially high end townhomes of approximately five units. <br /> <br />Assistant Community Development Director Trudgeon advised staff has not collected any fees at <br />this point. <br /> <br />Motion by Councilmember Strommen, seconded by Councilmember Elvig, to adopt Resolution <br />#04-05-137 identifying the findings and denying the request for a Comprehensive Plan <br />Amendment to change land use designation from low density residential to places to shop; <br />request of' Pat Fitzpatrick. <br /> <br />Further discussion: Councilmember Elvig explained, part.of the reason this was not ~approved <br />down to the south is because With mixed use the City cann6t control what goes there, and there <br />would be no buffering to the neighboring property. However, up to the north and west there was <br />the opportunity to buffer and do more master planning. His support in denying this request is <br />that they can still look at something commercial if it comes in with a project, and still have <br />controls with buffering. That control is needed. Mayor Gamec informed Mr. Fitzpatrick if a <br />realtor or developer wants to come in and work with staff it could be reviewed at that time. <br />Councilmember Zimmerman stated he agrees a plan would certainly help in this case. He would <br />not want to favor one landowner over another. In this case there was more land in the other <br />rezoning, and without a plan he does not think this is a good step. Councilmember Kurak <br />commented the townhome development Mr. Fitzpatrick mentioned would be something that <br />could be looked at by staff. She does not think commercial use would do well here. Mr. <br />Fitzpatrick stated the property owner at 9340 did not have a plan and had less acreage. He <br />questioned why there has been favoritism. Councilmember Kurak stated the property at 9340 <br />was included with many other addresses. Mayor Gamec noted that propertY also had a plan that <br />included setbacks from the river and access from Highway 10. Councilmember Elvig stated the <br /> <br />City Council/May 25, 2004 <br />Page 17 of 27 <br /> <br />P71 <br /> <br /> <br />