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<br />I <br /> <br />I <br /> <br />I <br /> <br />Councilmember Benke noted that there has been <br />substantial planning and analysis for several <br />years and that he felt the City was well prepared <br />to proceed with the rezoning. <br /> <br />Councilmember Schmidt noted that he likewise felt <br />the rezoning was in order and that it had been far <br />from rushed. Councilmember Schmidt also noted that <br />Mr. Bury had been a tenant on this property while <br />the Comprehensive Plan was being prepared and <br />that Mr. Bury had been informed of the rezoning <br />potential prior to his purchase of the site. <br /> <br />Mr. Chapman stated that yes Mr. Bury had been <br />aware of the land use proposal and potential <br />rezoning but that Mr. Bury did not know what <br />that impact would be. <br /> <br />Councilmember Benke noted that what Mr. Chapman <br />had alluded to in his impact study was for the <br />most part all negative and Councilmember Benke <br />asked Mr. Chapman if he could give his professional <br />opinion as to what positive things he could see <br />regarding the rezoning. <br /> <br />Mr. Chapman stated that he felt the 1-3 classification <br />~as appropriate if you had a new industrial park where <br />you had the opportunity to do something. Mr. Chapman <br />stated that where there existed businesses the 1-3 <br />zoning would probably not be appropriate unless there <br />would be the opportunity to relocate particular uses <br />through a redevelopment process in which case the 1-3 <br />could be an appropriate classification. <br /> <br />I'ir. !'~orden sta ted tha t Walburn Ltd. \..'Ould aqree to <br />certain restrictions on the property limiting certain <br />uses. Mr. Korden suggested that instead of rezoning <br />an 1-2 to 1-3 he felt that there may be some form of <br />land use agreement or contract zoning that might be <br />F'Ossible. JI!r. Korden continued saying that you can <br />make agreements or restrictive conditions for properties <br />~hich are as binding as any zoning ordinance. Mr. Worden <br />finally stated that he was concerned that the dramatic <br />rezonin0 of 1-2 to 1-3 would make the existing asphalt <br />plant non-conforming. <br /> <br />"?he City PI anner noted that I1r. Forden and I'~r. Bury <br />had proposed a similar agreement in August of 1981 <br />but that after studying the situation the Planning <br />Commission felt the 1-3 District was in effect a <br />contract type of zoning. The City Planner noted <br />that the Planning Commission had consistently discussed <br />and reiterated the performance standards for the 1-3 <br />District, ~hile Mr. Bury and Mr. Worden never presented <br /> <br />9 <br />