08/08/05 Regular - Laserfiche WebLink

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Regular meeting August 8, 2005 City, in the northeast area. We are the keepers of the gate. Mayor Adams announced the conclusion of the Public Hearing. Going back the Agenda Item #2 – to consider rezoning of the back lot at 7733 Olive. Mr. Ollendorff said that the zoning has been reviewed by the Plan Commission planning staff and believe that this vacant lot was inadvertently rezoned a few years ago as it has always been used as commercial. The zoning map shows it commercial but the zoning text apparently was changed a few years ago that made this vacant lot behind this retail store to Single Family. Therefore, in order to approve a Site Plan the zoning needs to be corrected first. Mr. Ollendorff recommends approval of the Site Plan as the proposed use is appropriate and meets all the conditions of the City ordinances. Approval would be with a list of conditions and one of these would be that odors beyond their property line would not be permitted. Ms. Colquitt made a motion that we do not approve the rezoning to commercial. She will not approve the Site Plan at this time, until the present problems are corrected. She has brought up issues time and time again about the liter, upkeep of businesses and trash. Until odor is taken care of, Ms. Colquitt will not approve anything. Mr. Sharpe said he did not have problem with the Site Plan but has problem with the neighbor who came and spoke about the odor. Mr. Sharpe asked Mr. Ollendorff that if the Site Plan is approved with condition of odor can not go beyond their property line. If by chance the odor does go beyond property line, what will or can be done? Mr. Ollendorff stated that the business can be cited for violating the ordinance. By accepting the Site Plan, all the conditions become part of the Site Plan. The business would first be warned and if the situation was not corrected, they could be ticketed or charge with a zoning violation, subject to fines. If they did not correct odor, they would be charged with violations and their Site Plan would no longer be valid. Mr. Wagner suggested that we deal with one issue at a time, the first to be the changing or not changing of the zoning map. He feels that changing of the zoning map is just correcting a map error plus the rear plot has no access from the street without going through the commercial plot. Mayor Adams said that the issue before us right now is the Site Plan. It is sort of like we have a cart and a horse and they are in the wrong location. Mr. Ollendorff suggested postponing the Site Plan for farther discussion and vote until after the Council acted one way or another on the . If you pass the Zoning Ordinance you can come back to the Site Plan and if Council defeats the Zoning Ordinance, then you don’t have to address the Site Plan. Ms. Colquitt asked City Manager if Seafood Restaurant does not already have in place Page 6