HomeMy WebLinkAboutA004 - Commission Action Form dated January 18, 1995 - LUPP Map Amendment ITEM #: V
DATE: 01/18/95
COMMISSION ACTION FORM
SUBJECT:
Land Use Policy Plan (LUPP) Map Amendment for Property Located at 2406 and
2416 Grand Avenue.
ACTION FORM SUMMARY: This is a request to approve a Land Use Policy Plan
(LUPP) Map amendment from RM (Medium-Density Residential) to C (Commercial).
The Department recommends approval of a LUPP Map amendment for property
located at the northeast quadrant of the intersection of Grand Avenue and 24th Street,
for the reasons described in this report.
BACKGROUND:
The applicant is requesting that the City of Ames amend the adopted LUPP map to
change the designation of the subject property from RM (Medium-Density Residential)
to C (Commercial).
The legal description for the subject property is attached.
The site includes approximately 1.03 acres (45,012 sq. ft.), and is presently located
inside the Ames corporate limits.
The reason given by the applicant for the proposed LUPP Map amendment is for
improved land utilization and aesthetic improvement.
A rezoning request from R-3 (Medium-Density Residential) to P-C (Planned
Commercial) and a P-C (Planned Commercial) Plan have been submitted by the
petitioner and will be processed concurrently with this request for an LUPP Map
amendment.
ANALYSIS:
Existing Land Use/Zoning.
Property Land Use Zoning
Subject Property S.F. Residential R-3 (Medium-Density Residential)
Vacant R-3 (Medium-Density Residential)
North of Site M.F. Residential R-3 (Medium-Density Residential)
East of Site Commercial R-3 (Medium-Density Residential)
South of Site Church 112-7 (Low-Density Residential)
West of Site Commercial P-C (Planned Commercial)
c
The subject property is located at the intersection of two major streets; Grand Avenue
being the north/south street, and 24th Street the east/west street.
Grand Avenue.
Land use varies greatly from one side of the street to the other. Land west of Grand
Avenue is occupied by high intensity uses that include commercial businesses and
multiple-family dwellings. This is markedly different than the land area east of Grand
Avenue, which has a mix of low-density and medium-density land uses, including
single-family dwellings, multiple-family dwellings, a church and a non-conforming
hardware store. The land use has more of a uniform composition, low-density
residential, one block east of Grand Avenue. In general, the land use east of Grand
Avenue is much less intense than the existing development west of Grand Avenue.
24th Street.
Land north of 24th Street is a mix of land use with single-family, multiple-family and
commercial land use. The land area south of 24th Street has more of a low-density
composition with a church on the corner and single-family dwellings to the south.
Intersection of Grand Avenue and 24th Street.
There are a wide range of land uses at the intersection of Grand Avenue and 24th
Street as one examines all four quadrants of the intersection.
The northeast quadrant is the location of the subject properties, which includes a
single-family rental-occupied dwelling and a parcel of vacant land to the north of
this that was previously occupied by another single-family rental-occupied
dwelling.
The northwest quadrant is the site of a convenience store, which is part of a
much larger commercial center of the city that includes North Grand Mall.
The southwest quadrant is occupied by a six-plex apartment building. Additional
apartment buildings are located directly to the west.
The southeast quadrant is occupied by a church with single-family dwellings
further south and east.
Land Use Policy Plan. The subject property is designated as Medium-Density
Residential on the 1977, 1981, and 1988 Land Use Policy Plans. The following goals
and policies from the Land Use Policy Plan (LUPP) apply to this LUPP amendment
proposal:
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B. RESIDENTIAL
B.1. GOAL:
To provide a wide choice of housing types and locations to serve the
residential needs to the present and future populations.
B.1.2. Policy:
New housing development will be located adjacent to existing development
to better utilize existing public facilities and to ensure the orderly growth of
the community.
C. COMMERCIAL
Commercial Priorities:
Encourage redevelopment of commercial areas that serve as entrances to
the City and discourage further strip commercial development.
C.1. GOAL:
To create opportunities for the expansion of business in appropriate areas
while maintaining the usefulness and viability of existing commercial
development.
C.1.5. Policy:
Commercial activity will be encouraged to develop adjacent to major
interchanges where traffic arterials will allow for safe ingress and egress.
C.1.7. Policy:
Adequate land should be designated for service commercial development.
Consistency of the Proposal with the Goals and Policies Set Forth in the Land
Use Policy Plan:
The developer has not addressed how his proposal is consistent with the Land Use
Policy Plan.
A change in the designation of this property from RM (Medium-Density Residential) to
C (Commercial) would reduce, by approximately one (1) acre, the inventory of land
available for redevelopment as a residential land use. If new housing were
constructed on the subject property, existing utilities adjacent to the site would be
utilized. ---- -
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T
The Land Use Policy Plan encourages the redevelopment of commercial areas that
serve as entrances to the City, but discourages further strip development. A
designation of C (Commercial) for this property is not considered to be an expansion
of strip commercial development.
Commercial activity is encouraged adjacent to major interchanges where traffic
arterials will allow for safe ingress and egress. The subject property is located at such
an intersection of two arterial streets.
Should the LUPP Map Designation Change? Is it Unreasonable to Develop the
Site Under the Current Designation?
The developer states that, "the current designation of residential multi-family is not
practical for this corner as it is not conducive to residential living. This property is
located on the corner of a major city street (24th Street), and U.S. Highway 69, which
provides a main access to the city from the north. Traffic levels along with noise
levels make this property undesirable for residential development. Because of its
predominantly commercial atmosphere, the residential rental rates that would be
realized would be lower than rates for similar apartments in a more residential setting;
thus lowering the economic feasibility of residential use".
Staff recognizes that the location of the subject property next to a major intersection is
less desirable as a residential location than areas further from the intersection.
However, staff believes it is reasonable to expect that the site could be developed
under the current RM land use designation.
Is There a Lack of Developable Property in the City Which has the Same
Designation as that Proposed? Is there a Need for Expanding the Amount of
Land Included in the Designation Proposed for this Property?
A review of the inventory of vacant commercial land in the city shows that there is
approximately 206 acres zoned G-C (General Commercial). Of the 206 acres, 36.6
acres are City-owned Land in the former sewage treatment plant area and are not
immediately available for commercial development. The remaining 169.4 acres are
distributed throughout the city with the larger parcels located as follows: 41.11 acres,
north of South 16th Street and west of the new K-Mart site; 37.8 acres, south of South
16th Street and known as the Aspen Business Park Subdivision; 21.28 acres, south of
South 16th Street and east of the Aspen Business Park Subdivision; 22.27 acres,
south of Southeast 16th Street and east of High Street; 12.78 acres, north of
Southeast 16th Street and east of Meadowlane Mobile Home Park. The remainder of
the vacant G-C sites range in size from 2.98 acres to .16 acre, and they are located
throughout the city.
In addition to the G-C vacant sites, there are 12.39 acres of vacant P'-C (Planned
Commercial) land in the city, including a 2.72 acre parcel north of Wheeler Avenue
and west of Grand Avenue, a 2.86 acre site in Northridge Parkway Subdivision; 6.35 - -
acres, west of Elwood Drive and north of Oakwood Road; and 1.02 acres, south of
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South 16th Street and east of Old Orchard Mobile Home Park. The intended uses for
these vacant P-C sites are office at the Wheeler site and the Elwood Drive site, and
neighborhood commercial at the other two sites.
City staff believe there is ample vacant commercial land presently zoned as G-C
(General Commercial) and P-C (Planned Commercial) to accommodate the proposed
commercial development. There is no community need to expand the amount of
commercially-zoned land along Grand Avenue or 24th Street.
As a Result of this Action, Will there be an Adverse Impact Upon:
1. Other Undeveloped Property in the Designation Proposed for this Site?
2. Other Developed Property in the Designation Proposed for this Site Which
May be Subject to Redevelopment/Rehabilitation?
As stated above, other undeveloped sites exist in the city, which could accommodate
the proposed commercial development. These are located primarily in the southeast
area of the community, and northwest of Grand Avenue and Wheeler Street.
Development of land at Wheeler Street and Grand Avenue will likely not occur as soon
if the land use amendment for the subject property is approved.
Designation of the subject property for commercial land use could have an adverse
impact on other commercial property that may be in need of redevelopment or
rehabilitation. Redevelopment and rehabilitation of existing commercial properties may
be delayed indefinitely if additional vacant land in this area of the community becomes
available for commercial development.
Does the Proposal Have Merit Beyond the Interests of the Proponent or of the
Prospective Developer of the Site?
Is the New Land Use Designation in the Public Interest? Is there a Public Need
or Community Benefit?
The developers state:
"This property is made up of two lots, both of which originally had single-
family homes. These two homes were constructed in the 50's or earlier
when there was no commercial development, and very little residential
property in the area; most land use was agricultural. Over the last 30
years or so, this property has failed to maintain itself properly as residential
because it did not make economic sense to do so. Indeed, one of the
homes was recently demolished as it became in such a run down state.
Compounding this was the continued increase in traffic at 24th & Grand
and the commercial developments across the street, and immediately to
the east. Changing this property's designation to P-C would allow this site
to be cleaned up for the benefit of the neighborhood, it would improve the
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attractiveness of the corner for Ames residents traveling around the city, it
would provide a nicer impression for people coming into Ames from the
north on Highway 69, and it would increase the property tax base to the
City".
Staff believes these two questions are closely related, since the relative merit of the
property is closely related to responding to the public interest. There is a growing
demand for housing in this community. Approval of a commercial designation for the
subject property will reduce the amount of land that is available in the community to
accommodate multi-family housing.
Approval of a commercial designation for this property will expand the amount of
commercial property in an area of the community that is presently served by a major
regional shopping center and associated retail and service establishments, located
directly west and northwest of the subject property.
Designation of the subject property, only, as commercial is an example of a land use
decision made without consideration for properties in the surrounding area. If such
decisions are made on a lot by lot basis, this offers a low level of certainty for other
property owners in the area in terms of future land use designations.
The benefits that would be derived from the decision to change the Land Use Policy
Plan would largely be the proponent's and not provide any great benefit to the
community.
What Impact Will the Proposed Amendment Have on the Following:
1. Transportation:
A Traffic Impact Evaluation has been completed by a registered professional
engineer under the laws of the State of Iowa.
The report states that, "although the exact nature of the development has not
been specified, the developer is seeking a building of approximately 15,000
square feet that could include mixed professional and service uses such as
general office, professional services, banking services, restaurant, and more".
The traffic study concludes that while the Level of Service (LOS) drops from
level B to C, the change in average delay is only 0.5 seconds from 14.7 seconds
to 15.2 seconds with 15 seconds being the break point between LOS B and C.
The traffic consultant states that the additional traffic from the proposed
development should not place an undo burden on the operation off the;
intersection.
The City Traffic Engineer_has reviewed the traffic. impact evaluation and concurs
with the findings of the traffic consultant.
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2. Water, Sanitary Sewer, Storm Sewer: Existing utilities are adequate to serve
the proposed development.
Water:
16-inch water main on 24th Street
Sanitary Sewer:
8-inch sanitary sewer main on 24th Street (100' west of Grand
Avenue)
8-inch sanitary sewer main on Jensen Avenue
Storm Sewer:
18-inch storm sewer on 24th Street
Drainage swale along Grand Avenue
3. Housing and Employment:
The proposed site, if developed as residential property under R-3 (Medium-
Density Residential) zoning, would allow a density of 22 dwelling units per acre.
This site is presently occupied by one (1) dwelling unit. A total of 23 dwelling
units would be allowed, based on the total land area.
The developer estimates that the proposed commercial development would
employ 30 to 40 persons.
STAFF COMMENTS:
A decision to maintain the current RM (Residential: Medium-Density) designation
would have the following consequences:
The inventory of RM land would be maintained.
The subject property could be redeveloped for use as medium-density
residential.
The construction of additional housing would benefit the shortage of housing in
Ames.
New residential development would be subject to traffic noise from Grand
Avenue and 24th Street.
An RM designation would prohibit commercial development on the subject
property. ----- -
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A decision to amend the Land Use Policy Plan (LUPP) Map designation from RM
(Residential: Medium-Density) to C (Commercial) would have the following
consequences:
The inventory of land available for commercial development would increase by
1.03 acres.
This is consistent with the land use policy to encourage commercial activity
adjacent to major interchanges.
The community, and the surrounding area in particular, would be served by
additional commercial services.
This would be a land use decision based solely on the request by a single
property owner.
This increases the likelihood that future land use and zoning decisions will be
made on a lot by lot basis in this area of the community.
A commercial use is more compatible with traffic noise at this location than a
residential use would be.
The RM (Residential: Medium-Density) land use designation functions as a transitional
land use between the very intense commercial development west of Grand Avenue
and the low-density residential land use east of Jensen Avenue. A transitional land
use can be accomplished with either:
1. Medium-density residential development, or
2. Low-intensity commercial development.
Medium-density residential land use is consistent with Policy B.1.9. of the Land Use
Policy Plan that addresses transition areas. Staff believes that low-intensity
commercial development can also accomplish the same function of a transitional land
use.
Further, the existence of a major street intersection next to the subject property
supports a low-intensity commercial land use, since the Land Use policy Plan supports
commercial activity adjacent to major interchanges, and a commercial development is
more compatible with the traffic noise at this intersection.
Even though the proposed commercial designation would add only a small area to the
inventory of commercial land, staff believe this could lead to future piece meal land
use and zoning decisions in this area of the community. Such a practice lessens the
degree of certainty that other property owners in the area would have on which to
base their land use decisions.
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If the land use designation of the subject property is changed to C
(Commercial), it seems likely that the property directly to the east (a non-
conforming commercial property) would eventually be considered for a
commercial designation, as well. This being the case, the Commission should
consider a more comprehensive approach and include all property north of 24th
Street between Grand Avenue and Jensen Avenue for a land use designation of
C (Commercial). This would include the property at 609 24th Street in addition
to the subject properties at 2406 and 2416 Grand Avenue.
As a means of assuring that the transitional nature of the land area between Grand
Avenue and Jensen Avenue is maintained, staff would recommend that restrictions be
placed on the types of uses for the subject property, and the property at 609 24th
Street (Carr Hardware). Restrictions on the property at 609 24th Street should include
the following:
The use of the property shall be limited to a professional office (Prior to P-C Plan
approval, the existing hardware store may continue as a non-conforming use);
Limit the size of the new building to a maximum floor area no greater than what
exists in the current building; and
Any other requirements as determined by the City Council at the time of
approval of the P-C Plan.
Based on comments by the Commission and others, staff has reconsidered the
stipulation to require that the new building occupy the same general location on
the site as the current building, and believes it is best to determine the location
of a future .building at the time of approval of the P-C (Planned Commercial)
Plan.
Reasons for a staff recommendation to change the LUPP Map designation from RM to
C for property located at 2406 and 2416 Grand Avenue and 609 24th Street are
described as follows:
1. The low-intensity commercial development can function as a transitional land
use;
2. Commercial development adjacent to a major intersection is consistent with the
LUPP; and
3. The existence of a commercial land use at 609 24th Street.
ALTERNATIVES:
1. The Planning and Zoning Commission can recommend approval of a Land use
Policy Plan (LUPP) Map amendment from -RM (Residential: Medium--Density) -to- --.-
C (Commercial) for property located at 2406 and 2416 Grand Avenue.
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2. The Planning and Zoning Commission can recommend denial of a Land Use
Policy Plan (LUPP) Map amendment from RM (Residential: Medium-Density) to
C (Commercial) for property located at 2406 and 2416 Grand Avenue
3. The Planning and Zoning Commission can recommend that the City Council
amend the Land Use Policy Plan (LUPP) Map designation for the property at
2406 and 2416 Grand Avenue from RM (Residential: Medium-Density) to C
(Commercial), only if the City Council also amends the LUPP Map designation
for the property at 609 24th Street from RM to C. The following stipulations, for
the property at 609 24th Street, shall be included with this recommendation:
A. The use of the property shall be limited to a professional office (Prior to P-
C Plan approval, the existing hardware store may continue as a non-
conforming use);
B. Limit the size of the new building to a maximum floor area no greater than
what exists in the current building; and
C. Include any other requirements as determined by the City Council at the
time of approval of the P-C Plan.
4. The Planning and Zoning Commission can modify this request and recommend
approval of the Land Use Policy Plan (LUPP) Map amendment.
5. The Planning and Zoning Commission can table this request and refer it back to
City staff and/or the applicant for additional information.
DEPARTMENTS RECOMMENDED ACTION:
It is the recommendation of the Department that the Planning and Zoning Commission
adopt Alternative #3. This will recommend that the City Council amend the Land Use
Policy Plan (LUPP) Map designation for the property at 2406 and 2416 Grand Avenue
from RM (Residential: Medium-Density) to C (Commercial), only if the City Council
also amends the LUPP Map designation for the property at 609 24th Street from RM
to C. The following stipulations shall be included with this recommendation:
A. The use of the property shall be limited to a professional office (Prior to P-C Plan
approval, the existing hardware store may continue as a non-conforming use);
B. Limit the size of the new building to a maximum floor area no greater than what
exists in the current building; and
C. Include any other requirements as determined by the City Council at the time of
approval of the P-C Plan.
Attachment
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PROPERTY OWNERS:
R.C. Stenberg 1907 Polk 515-232-0435 (home)
Ames, IA 50010 515-232-3889 (business)
Dave Klatt 1602 Woodhaven Circle 515-233-4281 (home)
Ames, IA 50010 515-232-5642 (business)
LEGAL DESCRIPTION:
Lot 1 of Speck's Subdivision in the City of Ames, Story County, Iowa and
commencing at the SW corner of the NW1/a NW'/a, Section 35, Township 84 North,
Range 24 West of the 5th P.M., Story County, Iowa; thence Nl°28'W, 177.85 feet
(178.00 feet deeded) to the point of beginning; thence N89004'51"E (N89010'E,
deeded) 216.54 feet (216.97 feet deeded); thence NO°51'34"W (NO050'W deeded),
125.0 feet; thence S89004'57"W (S89010'W deeded), 217.86 feet (218.7 feet
deeded); thence S 1°28'E. 125.0 feet to the point of beginning, now a part of the
City of Ames, Story County, Iowa, and being subject to road right-of-way along
Grand Avenue.
ZONING HISTORY
OF
NORTHEAST CORNER OF GRAND AVENUE & 24TH STREET
Ames Fruit & Grocery (Abe Mezvinsky)
"A" (Residential) to "C" (Commercial)
Planning Commission 6/11/62 Delayed action until formal request is
filed.
6/27/62 Letter-recommended property not be
rezoned.
City Council 7/19/62 Deferred action until joint meeting could
be held.
Planning Commission 9/17/62 Very much opposed to encouraging
commercial development in this area.
Request should be denied.
City Council Accepted recommendation of Planning
Commission to deny request.
Abe Mezvinsky
24th & Jensen Avenue
"A" (Residential) to "C (Commercial)
Planning Commission 3/11/64 Recommended denial of "C".
Recommended "C-3" district be added to
zoning ordinance.
Robert L. Matters
24th & Grand Avenue
"A" (Residential) to "D" (Commercial and Light Industry)
Planning Commission 6/30/64 Recommended denial of request.
City Council 7/7/64 Minutes
Robert L. Matters
24th & Grand Avenue (2406 Grand)
City Council 11/16/65 Referred to Planning Commission for
study and recommendation.
Planning Commission _ 12/21/65 Recommended approval of"C-2" for area
between Grand and Jensen and from
24th Street north 265 feet.
City Council 12/27/65 Did not accept Planning Commission
recommendation.
Robert L. Matters
2406 Grand Avenue
"R-3" (Multiple-Family Dwelling) to "C-2" (General Commercial)
Planning Commission 5/6/70 Recommend denial of request.
City Council 5/19/70 Approved recommendation to deny.
Robert L Matters & James H. Speck (to construct gas station)
24th & Grand
"R-3" (Multiple-Family Dwelling) to "C-2" (General Commercial)
Planning Commission 6/11/71 Recommended denial of request.
City Council 6/22/71 Confirmed recommendation to deny.
Robert L. Matters
2406 Grand
"R-3" (Multiple-Family Dwelling) to "C-2" (General Commercial)
Planning Commission 7/14/72 Recommend denial of request.
City Council 7/25/72 Tabled action until information meeting is
held.
10/3/72 Special meeting held at Northwood
School ; Council confirmed
recommendation to deny the request.
Robert L. Matters
2406 Grand 10/72 Suit filed in District Court with the finding
that the applicants had not exhausted
their administrative remedies. Appeal to
the Supreme Court which upheld the
lower court ruling.
Abe Mezvinsky, A.F. Realty
24th & Jensen
"R-3" (Multiple-Family Dwelling) to "C-2" (General Commercial)
Planning Commission 1/12/73 Recommended denial of the request.
City Council 1/23/73 Accepted recommendation to deny. _
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r '
Robert L. Matters
2406 Grand Avenue
9/11/74 Appeal to the Zoning Board of
Adjustment for a variance to use the
property for any and all C-2 uses.
ZBA Action - Denial, 3-1.
10/9/74 Suit filed for Declaratory Judgment to
declare the existing zoning a violation of
the owners' constitutional rights and Writ
of Mandamus to force the City Council to
rezone the property commercial. Also, to
set aside the decision of the ZBA to deny
the variance to utilize the property for
any and all commercial uses.
In pretrial procedure, the writ was ruled
inappropriate in that the Court could not
tell a Municipal Legislative Body to enact
specific zoning, only to ascertain that
what had been done followed legal
procedures.
5/12/76 District Court Trial.
5/25/77 Ruling by the District Court. The ruling
was that the plaintiffs (Matters) failed to
provide that the City of Ames was
arbitrary, capricious, discriminatory, and
unreasonable and that the zoning
ordinance was plainly and clearly invalid.
The Court refused to act as a super
zoning commission.
6/30/78 Supreme Court Ruling - Ruled that after
a review of the evidence, the plaintiffs
failed to prove the Ames City Ordinance
zoning their property "R-3" was arbitrary,
capricious, discriminatory, or
unreasonable. It ruled that the trial court
was correct when it held it was unable to
say the property was unsuitable., for
residential use. The purpose of the "R-T
district wherein plaintiffs' property lies is
to serve as a buffer- between the
commercial and residential zones.
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I
Robert L. Matters
2406 Grand
"R-3" (Multiple-Family Dwelling) to "C-5" (Planned Commercial)
Planning Commission 9/1/76 Recommended denial of request.
City Council 9/21/76 Approved recommendation to deny.
Edward Hendrickson
2406 Grand
"R-3" (Multiple-Family Dwelling) to "C-5" (Planned Commercial)
Planning Commission 9/6/78 Recommended denial of the request.
City Council . 9/19/78 Accepted the Planning Commission's
recommendation to deny the request.
Edward Hendrickson, et all
2406 & 2416 Grand Avenue
"R-3" (Multiple-Family Dwelling) to "P-C" (Planned Commercial)
Planning Commission 1/6/82 Recommended denial of the request.
City Council 5/4/82 Request denied.
Edward Hendrickson, et all
2406 & 2416 Grand Avenue
Request for a Use Variance to allow for the development of commercial uses in the "R-3"
District.
Zoning Board of Adjust. 3/14/85 Denied request.
District Court 5/9/85 Sustained decision of Zoning Board of
Adjustment.
Iowa Court of Appeals 4/23/86 Sustained decision of the District Court.
Ronald Stenbera et all & Carr's True Value North, Inc.
2406 & 2416 Grand Avenue and 615 - 24th Street
"R-3" (Medium-Density Residential) to "P-C" (Planned Commercial)
Planning Commission 9/2/87 Recommended denial of request to
rezone from R-3 to P-C (5-0).
City Council 9/22/87 Set public hearing on rezoning for
October 6, 1987.
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City Council 10/6/87 Public hearing held - continued to
October 22, 1987.
Planning Commission 10/15/87 Motion to uphold previous decision
(Special meeting to deny rezoning - failed 2-2.
discuss an agreement
for additional conditions). Recommended 3-1 that if the City
Council chose to rezone the property,
more stringent parking requirements be
established for Carr property for multiple
use of the proposed structure.
City Council 9/20/87 Resolution to approve agreement for
contract zoning passed 4-2.
First reading on ordinance to approve
rezoning from R-3 to P-3 - failed with 4-2
vote. (Protest required 5 affirmative
votes).
Motion to place second reading on 11/10
agenda failed with 2-4 vote.
h\emsbnisc\grand-24.hst
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