Council Considers Second Reading Of Shipley’s Rezoning Request

June 14, 2010

During its Monday meeting, the West U City Council may vote to approve the second reading of an ordinance to rezone Shipley’s Donuts from a townhome district to a commercial district.

Kirby Retail Fund, Ltd. has been seeking the zoning change from council to rezone 5800 Kirby.

The property has been zoned as a townhome district since 1974, but has been used as a commercial property as a “prior non-conforming” property.

Council expressed concern about the broad application of the zoning category during previous meetings; once the property is rezoned anything can be built there, such as an office building or a liquor store. Many council members said they would vote for the zoning change if Kirby Retail Fund agreed to deed restrictions prohibiting a liquor store or a two-story office from being built there.

The developer agreed to restrict the property to prohibit employee on-street parking within 750 feet of the property, as well as the liquor store land use.

Council approved the first reading of the ordinance to rezone the property four-to-one at their May 24 meeting despite opposition from several residents.

Twelve residents addressed council during the meeting, all opposed to the property being rezoned as a commercial land use during the May 24 meeting.

Many residents were concerned about issues with parking, trash and wanting a buffer or green space between the commercial property and their homes.

Councilmember Chuck Guffey voted for approval of the first reading of the rezoning ordinance and said “no matter what we do tonight it will continue.” Guffey has voted in favor of rezoning the property at previous council meetings.

Mayor Pro Tem Bob Fry was silent during the discussion of rezoning the property and said “I have no comment.” Fry voted for approval of the first reading of the rezoning ordinance. Fry has voted in favor of rezoning the property at previous council meetings.

Councilmember Steven Segal said the rezoning ordinance was premature and voted against the first reading. Segal has always voted against rezoning the property.

Councilmember George Boehme voted for approval of the first reading of the ordinance.

“I think this is a good land use and I plan to support it,” he said.

Boehme expressed concerns about the zoning category during a public hearing on May 10 and told Kirby Retail Fund Ltd. he would vote for the rezoning if they deed restricted the property.

Mayor Bob Kelly also voted for the first reading.

“A green space is just not going to happen. We need to strike now,” he said during the May 24 meeting.

Kelly said during the May 10 public hearing that council was “blindsiding” Kirby Retail Fund Ltd. with a request for deed restrictions.

Council will consider the second reading of the ordinance during their meeting at 5:30 p.m. on Monday in the council chambers.

InstantNewsWestu Staff

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