Chair Melissa Greene recapped the recent history of 38 Prospect at the July 10 Planning meeting, reminding commissioners that at their May 9 meeting, Planning approved the request of applicants Byron and Marilyn McKimmey to rezone their property from R-1 to C-3 Quiet Use Commercial. Planning sent that recommendation to city council.
At the May 22 meeting, council voted to rezone the property, which meant there would need to be an ordinance to officially rezone the property. When considering that ordinance at the June 12 meeting, alderman Terry McClung advocated for rezoning both 38 Prospect and 42 Prospect next door to avoid the appearance of spot zoning. However, the residents of 42 Prospect were concerned their property taxes might increase, so council voted to delay discussion until that was resolved.
At the June 26 council meeting, after the property tax issue was comfortably resolved, City Attorney Tim Weaver was asked to rewrite the ordinance to include rezoning both properties at the same time. At the July 10 meeting, Greene reported it was now clear that 42 Prospect absolutely did not want to be rezoned, so council bounced it back to Planning to see if the McKimmeys would be okay with a Conditional Use Permit for a Bed & Breakfast instead.
Greene asked the commission if they wanted to reconsider their recommendation and discuss a CUP for 38 Prospect.
Commissioner Susan Harman said Planning had asked council to approve or deny a recommendation regarding 38 Prospect, and council changed the circumstance by including an additional property. When the resident objected, council sent it back to Planning without ever denying the recommendation or making their intent clear.
“We weren’t given a clear explanation of what they expect from us,” Harman said.
Greene responded that Planning could just let the topic drop and ask council to rezone it or not. However, her understanding was that council wanted Planning to intercede with the McKimmeys about the possible CUP.
Harman pointed out the McKimmeys had not applied for a CUP and she did not get why it was the responsibility of Planning to negotiate this deal. Commissioner Doug Breitling was not sure the CUP would be a better solution anyway, and Greene said many people have expressed reservations about rezoning.
Points continued to circle the table until commissioner Woodie Acord pointed out that council asked Planning to handle this back in May, and Planning sent council a recommendation. However, council changed the circumstances and a resident objected to council’s intentions. Acord claimed the original decision by Planning still stood, and if council does not want to go that way, that would be fine. Then Planning can start the next process.
The decision was to get an approval or denial of the previous recommendation from council.