1996-09-03 - Laserfiche WebLink

Home Browse Search

i49 Responding to a question from Ms. Daugherty, Mr. A1 Elias, City Purchasing Agent, said that in previous towing litigation, the City won one case and lost another. Ms. Daugherty said she is interested in the staffs recommendation to accept sealed bids with prequalification, which she feels wilt be cheaper and easier for citizens, and avoids the bureaucracy of a board: Ms. Daugherty made a motion to approve this option and Mr. Toscano seconded the motion. Council unanimously agreed to rebid for a single towing contract. ORDINANCE: REZONING PROPERTY ON 5TH STREET, S.W. FROM R-3 TO B-1 (2nd reading) Responding to a question from Mr. Toscano, Mr. Huja said that the rezoning request was made in May of 1996. Mr. Cox noted that B-1 is the zoning before Council, but it is his understanding that the development proposed by the applicant will not be allowed in B-1. Mr. Kevin Smith, applicant, said that he originally asked for B-3 zoning, but would now like B-2 zoning. Mr. Cox asked if Mr. Smith would be willing to participate in a comprehensive study of the neighborhood. Mr. Smit~h said he has made arrangements with a developer for the property, and would not agree to delay. The owner of the property adjacent to the property in question, objected to a commercial development next to his historic residence. Mr. Smith said that the use he proposes would not be allowed in B-1. Mr. Huja said that the applicant is requesting a warehousing and contracting function which is not allowed in B-1, but it will be allowed in B-2. Mr. Toscano said that he understands that zoning follows the land use plan, and asked how distinctions are made between the various categories of zoning, such as B-1, B-2, and B-3. Mr. Craig Brown, Deputy City Attorney, said that the court would focus on whether the current zoning is appropriate. Responding to a question from Mr. Toscano, Mr. Brown agreed that the corresponding zoning for commercial designation in the land use plan is B-3. Mr. Cox said the community is struggling with a lack of an apPropriate transition zone in the zoning ordinance, and he asked patience on the part of property owners as a new ordinance is fashioned. Mr. Toscano noted that Council had a similar zoning case before it where the rezoning was approved because of the land use designation. Mr. Toscano said he feels Council should approve the B-2 zoning and move the idea of a transition zone forward. Mr. Cox said that approving the zoning request amounts to spot zoning, and a rezoning should not be accepted in the middle of a re-evaluation of the zoning ordinance. Ms. Daugherty said she would like the issue studied.