2006.07.13 PC Minutes - Laserfiche WebLink

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Planning Commission Minutes — July 13, 2006 Page 2 Business and the .63 acre parcel to be zoned Urban Residential. In 2002, the property to the east of the Bernier's property and a small portion to the south was platted as Oneka Ponds. In March of 2004 another property line adjustment was approved to combine the small portion of the Oneka Ponds development to the south to the Bernier's parcel. No rezoning was done at that time. In April of 2002 another City wide rezoning was done and changed the properties to the east from Urban Residential to Single Family Detached (R-3). This was done using the same zoning district lines that were used in 1999. This resulted in the east portion of the Bernier's property to remain Residential. The CD Intern also stated that Staff reviewed the rezoning to the four criteria in the zoning ordinance and the rezoning meets all of the criteria. Schumann opened the public hearing. Greg Bernier was present at the meeting and stated that he thought that a wrong map was used in the City wide rezoning and that is why the portion of his property is zoned Residential. He also stated that he found out about the zoning at a meeting with his surrounding property owners and that Staff has worked closely with his to get this corrected. Craig Wahlstrand, 5957 Goodview Trial Alcove North, asked if the Bermer's would be able to use this property for Commercial uses if it gets rezoned. The CDD stated that the property is currently covered by a conditional use permit that limits that Bernier's from using the property for commercial/industrial uses. But if he decides to use it for a commercial/industrial use he would have to go though the process of a CUP Amendment, which would result in having another public hearing that Mr. Wahlstrand would be notified for. There were no more comments and Schumann closed the public hearing. Schumann stated there were valid reasons for the rezoning and generally felt ok with it. Overall the Planning Commission found the rezoning acceptable. Weidt made a motion, Bailly seconded, to approve the rezoning of the eastern portion of the Bernier's property from Single Family Residential (R-3) to General Business (C-2). McRoberts moved to amend the motion, stating that since the zoning may have been the City's error that the Bernier's should get a break on the rezoning costs. The CDD stated that the City has been working with the Bernier's on the costs and they are only being charged for the cost of the Staff review of the application. Schumann asked Mr. Bernier if he was satisfied with the cost. Mr. Bernier stated that he was satisfied with the cost. McRoberts withdrew his motion to amend.