Minutes - Council - 10/28/1997 - Laserfiche WebLink

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Case ~7: Request to Rezone Certain Property from B-1 Business to B-2 Business and R-3 Urban Residential; Case of Rademacher Companies, Inc. Zoning Administrator Frolik stated that Rademacher Companies, Inc. is requesting approval to rezone property at the southeast comer of the intersection of 153rd Avenue and T.H.#47 from B- 1 Business to B-2 Business and R-3 Urban Residential. The applicant also submitted a subdivision plan to split their property into two lots. The applicant desires to develop the very northwest comer of the property (Lot 1) with a convenience store and gas sales which requires the rezoning from B-1 Business to B-2 Business. The remainder of the property will be platted as an outlot. Except for a small triangular piece in the northwest comer of that outlot which is zoned B-1 Business, the property to be platted as the outlot is currently zoned R-3 Urban Residential. The applicant desires to rezone that remnant triangular piece to the same R-3 zoning as the rest of Outlot A. Ms. Frolik reminded Council that the City is currently under a development moratorium on residential land. Therefore, the proposal to rezone what will be platted as Lot 1 from B-1 to B-2 Business can be acted upon. Because of the moratorium, the rezoning of the triangular remnant to R-3 Residential can go as far as the first reading of the ordinance at the Council level. Final adoption of the ordinance will not be possible until the moratorium expires in January 1998. There were no comments received at the public hearing and the Planning Commission and staff are recommending approval of the proposed rezonings. Mr. Joe Neil from Rademacher's was present. Motion by Councilmember Beahen and seconded by Councilmember Zimmerman to adopt Resolution #97-10-310 adopting Findings of fact #0446 to rezone certain property from B-1 Business to B-2 Business and R-3 Urban Residential. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Beahen, Zimmerman, Beyer and Haas Steffen. Voting No: None. Motion by Councilmember Beahen and seconded by Councilmember Haas Steffen to introduce an ordinance to rezone certain property in Section 24 from B-1 Business to B-2 Business. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Beahen, Haas Steffen, Beyer and Zimmerman. Voting No: None. Motion by Councilmember Beahen and seconded by Councilmember Haas Steffen to introduce an ordinance to rezone certain property in Section 24 form B-1 Business to R-3 Urban Residential. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Beahen, Haas Steffen, Beyer and Zimmerman. Voting No: None. Case #8: Charter Amendment Issues Regarding Plats Approved Since January 1, 1997 City Attorney Goodrich explained that this case is a conclusion of the case Council received on October 14, 1997, relating to the recently enacted Charter amendment. In Mr. Goodrich's opinion, application of that Charter amendment to the plats of Regency Pond 2nd Addition, City Council/October 28, 1997 Page 9 of 16