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. . Minutes - Plan Commission Page 2 July 22, 1987 REQUEST TO REZONE 501. 509. 515. 519 AND 523 NORTH AND SOUTH ROAD BY MR. TOM SOMMERS FROM "SR" TO "PD" Acting Chairman Rice acknowledged the memorandum dated July 17, 1987, to Chairman and Members of the Plan Commission from the Zoning Administrator. The memorandum indicated that the applicant, Mr. Tom Sommers, had decided not to proceed with the request to rezone five properties along the west side of North and South Road per his application of May 18, 1987. In accordance with Section 34-64 of the Zoning Code regarding Map Amendment Application Review Procedures, it would be necessary for the Plan Commission to make a recommendation to the City Council on Mr. Sommers application as a clear indication of the Plan Commission's past deliberations on the application. Mr. Rice further noted that during the Plan Commission's June meeting, Chairman McCauley highlighted the fact that the "PD"-Planned Development District Regulations call for rezoning applications to be processed concurrently with the information for Site Plan Review before the City Council. The Plan Commission had thus requested Mr. Sommers to present detailed site plan information and financial feasibility information for its review.' Mr. Goldman, Ms. Schuman and Ms. Kreishman all agreed that it was appropriate for the Plan Commission to review a specific site plan concurrently with an application to rezone. Mr. Goldman stated that the "PD" plan review process could be refined into a two step process involving Plan Commission review of both preliminary and final plans. Mr. Kreishman stated that a two step process such as this might be a more reliable approach for developers and architects. Mr. Goldman and Ms. Schuman stated that while the Plan Commission and City Council had received pressure from various developers to rezone single family property into the Planned Development District, each body should remember that zoning changes were not "by right" for the property owner or the developer holding an option contract on certain property. Mr. Marsh stated that the burden of proof remained with the developer to show the Plan Commission and City Council that the requirements, intent and purpose of the "PD" regulations could be fulfilled by a specific project. After further discussion, Ms. Schuman moved that the Plan Commission consider Mr. Sommers' request to rezone the five properties on the west side of North and South Road which had been tabled by the Plan Commission at its last meeting. Mr. Kendall seconded the motion which passed unanimously. Mr. Marsh moved that Mr. Sommers application to rezone 501, 509, 515, 519 and 523 North and South Road from "SR"-Single Family Residential to "PD"-Planned Development District be recommended for denial to the City Council. Ms. Schuman seconded the motion which passed unanimously. OTHER BUSINESS Councilmember Adams reported to Commission members that the City Council had approved a Conditional Use Permit for the Subway Sandwich Shop at 6633 Delmar Boulevard. Also, the City Council had approved a Conditional Use Permit for the Living Word Apostolic Church at 7740 Olive Boulevard. The church planned a lease-purchase arrangement for the building which would retain the taxable interest in the property for the near future.