 Good afternoon. I would like to call to order the July 2018 City of Columbia Planning Commission meeting. Before I go into any more details, I would also like to welcome two new members of our Commission who are guests today, Brian Dolphin and Issa Mandel. Welcome to the Planning Commission members, staff, and guests. I would like to ask everyone to turn their cell phones and PDAs to the silent or vibrate mode. The administrator will now proceed with a roll call. Mr. Tupper, Ms. Hartz, Mr. Cohn, Mr. Stigermeyer, and Ms. James, we have quorum. Thank you. A brief review of the meeting format. Applicants with requests before the Planning Commission are allotted a presentation time of 10 minutes. This time shall include, but is not limited to, an overview of the project, case history, and any pertinent meetings held regarding the request. This time also includes all persons presenting information on behalf of the applicant, such as attorneys, engineers, and architects. This time limit does not include any questions asked by Planning Commission or staff regarding requests. Presenters of the general public are given the opportunity to address their concerns in intervals of two minutes. The administrator has a timer and will make presenters aware of when their time has expired. The Planning Commission reserves the right to amend these procedures on a case-by-case basis. The Consent Agenda. The Planning Commission uses the Consent Agenda to approve noncontroversial or routine matters by a single motion or vote. Examples of such items include approval of site plans, annexations, and street names. If a member of the Planning Commission or the general public would like to discuss an item on the Consent Agenda, that item is removed from the Consent Agenda and considered during the regular meeting. The Planning Commission then approves the remaining Consent Agenda items. The administrator will now read the Consent Agenda. Good evening. Your Consent Agenda this evening consists of the approval of the June 4, 2018 minutes, as well as four annexations and comprehensive plan map amendments and zoning map amendments. Those consist of item number two, which is annexation of 2313 Apple Valley Road, as well as assigned land use classification and the zoning of the general residential district RG1. Item number three, which is the annexation of 2019 Joe Frazier Court, as well as assigned land use classification of Urban Edge Residential Large Lot and assigned zoning of a single family residential district RS2, as well as item number four, which is 125 Payton Road, which is an annexation and land use classification of industrial and the zoning of M1. Item number five is, as noted on the agenda, was withdrawn. And item number six, which is an annexation and assignment of the land use classification for Urban Edge Residential Small Lot UER1, as well as the zoning classification of the PUDR for the properties listed on the agenda. And staff request that you move item number seven under the regular agenda onto the Consent Agenda. So we would, if you would like, first a motion to move item seven onto the Consent Agenda and then a motion to approve the Consent Agenda this evening. Okay. Do any commission members or guests today wish to have any items on the Consent Agenda removed and placed on the regular agenda? If not, I'd like to have a motion to move from the regular agenda to the Consent Agenda, item number seven. Mr. Chairman, I'd like to make a motion that we move item number seven, street name request from the regular agenda to the Consent Agenda. I have a second. Second. All in favor signify by saying aye. Aye. Anyone oppose? Number seven has moved to the Consent Agenda. Now I would like to ask for a motion to approve the Consent Agenda. Mr. Chairman, I'd like to make a motion to approve the Consent Agenda. Second. All in favor signify by saying aye. Anyone oppose? Consent Agenda is approved. We will now proceed with the regular agenda and if anyone comes forward tonight to speak about this, please state your name clearly before speaking. For your regular agenda this evening, we have one item which is number eight on your agenda. It is a zoning map amendment for 2519, 2521, and 2523 Reed Street to rezone the property from residential general district RG2 to the commercial district C3 and staff's recommendation to the Planning Commission is a recommendation of denial for the rezoning from RG2 to C3 as the requested general commercial district does not fully align with the small scale commercial, although small scale commercial use is acknowledged within the urban core residential small lot UCR1 future land use designation. If you have any questions, Rachel and I are here as well as the applicant is here. Would the applicant like to come forward and speak? Good evening. We purchased this property in July of last year, 2017. We purchased it from the bank and we purchased it as a commercial property. They led us to believe that it was already zone C3. It had gone through a foreclosure. Their attorney, the bank's attorney, confirmed that it was a commercial property as well as our attorney. And the only reason that we found out that the issue, this property had an issue with zoning was because we have a tenant. He's a print company and literally when he wanted to go get his business license, that's when he found out that there was an issue as well as an address issue. So when we were sold the property, it was 2525 Reed Street. That's what we see on the county website as well. But when it came down to SCNG, they had three separate addresses, which are the addresses that you all have. And so what we're looking to do is just maintain our tenant, our investment. We've significantly improved the buildings in that area. And so we're looking for leniency as far as how we handle the zoning. Also, I think it's important that the history of this building that was built in 1950 and it never has been a residential building at all. As my son mentioned that we bought it under auspices that it was retail or commercial. The way destruction is built now, there's no way it should have been residential from the standpoint just construction itself. We have invested over $15,000 into the building already to break the front up and redid inside of this building. We have a tenant that's on hold now to occupy that building. So we gratefully request that you reconsider the rezoning that you have imposed at this point. So that's our status. We bought it in good faith. Have we known that this was the case? We probably wouldn't have purchased it from the bank. We purchased the building for $15,000 and we, like I said, we put $12,000 to $15,000 in it already. And it's just redid with finishing touches. When this issue came up, we had no notification otherwise. We want to be a good corporate citizen of Columbia. We want to do the right thing. So we hope that you will consider all the particulars in terms that it never was a residential. Also, it's about less than a half a block from two nice rows. So it's right at the back of a commercial building. We actually, our parking lot bumps up to that particular building. So it's on the tail end, if you will, of Reed Street. Did you have a due diligence period after you purchased the property to find all these things out? What we did, we went through the normal closing process, if you will, we purchased it from the bank. We retained an attorney and they did the closing. So to answer your question, we did not do any due diligence as it relates to zoning. Because we just assumed, looking at the structure itself, it was a commercial. And there was also at the time, it was occupied. There was a barbershop in there and then there was a small storefront church in there. Obviously, when we saw the condition of the building, we told them they wouldn't have to move because we had de-renovation and upgrades. So it was occupied when we purchased. So it wasn't a need to think that it was anything other than a commercial building. Did your attorney check the zoning? They pardoned. Did your attorney check the zoning? Evidently not. I can't answer that. Because I guess in just looking at the building, she didn't do that. But we didn't know anything about her doing her due due diligence from that perspective. It appears looking at an aerial that you've got a church across the street directly on Reed. And then to your, if you're looking at your building from Reed Street, what is the structure to the right at Reed and Harper? So if you were looking at that view right there and you went over that view, look to your plan east. What's now in red under C3? What is that building? Sit again, sir. The building in the area that's read to the right of your property. There appear to be two buildings. What are those? That's the structure owned by Benedict College. This is the structure owned by Benedict College. By Benedict. Yeah, that's the structure that's owned by Benedict College. And next to it is their business development center, which is on the corner of Toonach and Reed. Also, I would like to show some pictures of before and after of the work we've done. This is the building that we purchased. This is what we've done in terms of breaking it up and redoing it inside. Thank you. Any other questions for the applicant? Well, for staff, if we deny this, is there any other way that they can still keep it as a commercial? So they would need to rezone it. And if you look at the land use plan, it does call for small scale commercial mixed into the neighborhood. And so the C3 is our most intense commercial district. That district allows for, it has the longest list of the possibilities. And so Rachel and I have talked. I believe she's talked to the applicant that maybe a C2 would allow him to do the uses that he intends. But it would be sort of a step down. So it's similar to when we have a commercial corridor, we might actually put a multifamily behind it and then the residential. So you have the uses sort of gradually stepping down. If you went from the C3 to a C2 to the residential, you'd have less intensive uses potentially in the future directly adjacent to some of those residential uses that are surrounding there. But he's asking for the C3. So that would be if it went through the process and you recommended denial to council, council could approve it or they could deny it. And then if it was denied, he could come back and ask for a C2 or a C1 or some other type of use. If council does deny a rezoning request, they cannot come back for I think a 12 month period. So for the exact same thing. So if you really wanted that C3, you'd have to wait. If it was denied, you'd have to wait 12 months before reapplying for the C3. I have a question for the applicant, if I can. So you said that the property wasn't actually purchased in these addresses name? Say it again to the property. So you said the property was actually purchased as 2525 Reed Street. Okay, and so basically that zoning connected with that particular address was shown to be C3 when you purchased it. Okay, I just wanted to be clear on that because they didn't purchase the property in 2519 and 2521. It was a mix up an address is what I think he said. So that's what I'm saying like now. I'm looking at 2525 Reed is the same property. Would you consider deferring it and applying it as a C2 zoning that we could then maybe staff would consider that and recommend approval instead of where you have it now? What does that entail in terms of C2? What would we be able to do with the property if it's a C2? The difference between the two is that a lot of the uses they're considering are permitted outright in C3 whereas C2 requires some extra steps before the zoning appeals and there's some size limitations where the limitations that come with the C3 whereas C3 they're permitted outright. So wouldn't we be able to keep the tenant that we have? He runs a t-shirt shop. That's at the end of the day what we're trying to ascertain. I believe that would be a special exception. So it would just have to go to board zoning appeals. So I understand your pipe, believe me and I know you've put money into this but at the same time it's definitely his own RG3, RG2. RG2. And if we turn you down and council turns you down you have to wait a year. Right, we want to do the right thing but we want to be treated fair in terms of what we can do. The example of the t-shirt it sounds sort of crude but the gentleman has, it's a three store, three storefronts, he has a machine in one and has a nice, got plans for a nice display store on the other side. That's what we really need to make it work for us. And so is there any kind of latitude there in terms of getting that at the end? I mean what is, would that be in the criteria? I have a question for staff actually regarding this. Could they apply for C2? There's no C2 surrounding this parcel. Wouldn't it become a spot zoning issue? C3 is adjoining to the parcel so it would be a logical C3 zoning application but I don't see a C2 or C1 near two. Because it's touchy. And so they could go a C2 as well, a C3 even, okay. And I think just to add to that it's not so much staff is weighing on the use of the t-shirt printing business. It's that list that's in your report that allows for all those other uses and we know that they may have a lease for two years but then who is the lease in the next two years? And it's anyone in that particular list without any, so we're really trying to look from, when we make our recommendation, we're looking at a long-term perspective not that particular tenant. So I just wanna clarify that it has nothing to do with the specific tenant. It's more about looking for that long-term zoning that's gonna be on the property for a long period of time. According to this, it could be a bar, liquor store, pawn shop, I mean the list is quite extensive. I don't wanna say. Those are special exceptions. Learned it out. Rachel's microphone seemed to have died. So we're gonna get cozy and share this one. But yeah, those would not, the liquor store, the drinking establishment, all those, those aren't permitted out right now. And they're directly across my church and there's a variety of reasons that those don't make sense. This is less about being a neighborhood encroachment issue. This is more about the building that's been being used as a different use than it's been designed for. It's clearly a commercial structure. And there's nobody that was gonna occupy that as a residence. Okay, I think that makes sense. It's really about just getting the right zoning that coordinates with the commercial adjacent, the neighborhood next to it, and lets it have its economic vitality going forward as what it was built 50-some years ago as a commercial structure. In C2, it would probably qualify a T-shirt company for a special exception. Yes. We have to go to zoning appeals. Yeah, but it still gets them some. That would be a reasonable compromise. I think if we could get that. I mean, I think the long term of it is for us if we can get the tenant that we have on hand into it, three years ago, three years from now, five years, we know our parameters. And so we'll know that the classified is such that we would try to conform to that classification. But now we have to change their application here, or do they have to resubmit it for the next month's hearing? I think he needs to withdraw this one, submit. We still haven't done the legal ad for next month. So he could change or make a request on the current application to change it to the C2. He could appear at the beginning of the August agenda. And then if he wanted to file for the special exception, so it'd be early September, he can have everything wrapped up. That's up to you. Appreciate it. I think we can get there. It just puts us off in terms of, would you want all the above? But if that's what we have to do, I think we want to withdraw your application for this meeting and reapply it for the next meeting under C2. Or he could amend his application. Or we can amend. We'd have to rehear it. Right. The zoning public hearing wouldn't normally happen until September anyway. So July and August meetings go to city council in September. So he's really not losing, at this point, his final decision for city council would still be on the same date. September. Yeah. Yeah. Yes, sir. We would do that. Okay. So the applicant will withdraw his application as it's been submitted? He could amend it. Deferred. He could amend it. Yeah. And it will be presented at the beginning of the next meeting. Yes. In August. Correct. We need to make a motion. We don't need a motion on that, do we? No, I don't think you need to make a motion. You have no action that you need to take. There's no action. He's going to amend it. Right. He'll take an action in August. Okay. We'll see you back in August. Thank you all for your attention and time. I appreciate it. If there's no other business, I'd like to get a motion to adjourn. Mr. Chairman, I would like to make a motion to adjourn. I'll approve. And you want to pose. The meeting's adjourned. Yes.