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Planning & Zoning Board September 13, 2006 Page 2 A. PUBLIC HEARING for a Rezoning, MUSA Allocation, Variance and Preliminary Plat for Golden Acre Mr. Pogalz made a motion to continue the Public Hearing to the October 11, 2006 meeting. Motion was supported by Mr. Hyden. Motion carried 5 -0. B. PUBLIC HEARING for a Zoning Ordinance Amendment to modify the allowable uses within the NB, Neighborhood Business, and the LB, Limited Business, zoning districts and for a Rezone from LB, Limited Business, to NB, Neighborhood Business, at Lot 1, Block 16, Millers Crossroads, located at the southeast corner of Birch St. and Hodgson Rd Mr. Smyser clarified that a Public Hearing notice was published for this item for the next City Council meeting which will include amendments to the GB, General Business District in addition to the NB and LB Districts. Mr. Smyser presented the staff report and explained that the City Council directed staff to rezone the property. Examining the differences between zoning districts led to staff recommendation to change some of the uses allowed in the business zones. Staff requested that the board take action this evening in order for the item to go to the City Council meeting as published. Mr. Tralle opened the Public Hearing at 6:59 p.m. Mr. Greg Schlink, Bruggeman Properties, owner of Lot 1, Block 16, Millers Crossroads, gave a brief history of the site. Mr. Schlink stated that the Planning & Zoning board recommended approval of a coffee house with a drive - through, but the City Council was prepared to deny the request. Mr. Schlink explained that they withdrew their application instead of receiving a denial. Mr. Schlink distributed a letter, dated September 13, 2006, referred to as Millers Crossroads Shopping Center (Agenda Item V.B.), to board members and city staff to be included as part of the public record. Mr. Schlink told board members that he was informed the issue was a "done deal," therefore he had no further comments but would answer any questions. Board Members questioned the applicant about the changes to the zoning ordinance as presented and asked if the drive - through was the applicant's main concern. Mr. Schlink stated that he thinks a drive - through use on a limited basis is reasonable for this site, adding that the intent is for a small coffee shop. He believes this would not cause a traffic issue or be detrimental to the neighborhood. Mr. Schlink stated that his main concern is the drive - through. He added that they do want the ability to serve beer and wine, provide outdoor seating, and have the potential for a small hospice facility. Mr. Rafferty addressed that staff has added options to the Neighborhood Business district as proposed, and that the City Council would deny a drive - through at this location. Mr. Schlink stated he would like the opportunity to propose a drive - through again in the future, but a rezone to the property would eliminate that option. DRAFT MINUTES •