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Commission vote is split 3-2

WAITSBURG – Following a Nov. 17 public hearing, the Waitsburg Planning Commission voted 3-2 to recommend rezoning property located at 503 W. 2nd, just off Highway 12, from residential to CR4 residential-commercial mixed-use. They plan to submit their recommendation, along with conditional use permit recommendations for the landowner, at the Dec. 21 city council meeting.

The rezone was the result of an application submitted last spring, by property owner Marvin Aronson, who requested that the property be rezoned from residential to commercial in order to accommodate his “small hobby repair business.” Following a well-attended public hearing, the commission rejected that request in favor of considering a mixed-use zoning designation in conjunction with a conditional use permit to allow for shop activities.

The residential-commercial zoning designation allows only for specific types of business activities. An auto repair shop is not one. To operate a shop, Aronson would need to agree to work under the guidelines of a conditional use permit approved by the city council.

Only two citizens, Skip and Sandra Carpenter, attended the Nov. 17 meeting. Both spoke in opposition of the rezone.

Sandra expressed concern about spot zoning, asking if it was worth the general welfare of the city as far as environment, commercial value, safety and traffic.

Commissioner KC Kuykendall said he felt rezoning this specific lot is in the city’s best interest because its location makes it ideal for commercial development.

“It makes sense for that corridor; very, very close to the downtown Main Street corridor. Because of the location of the specific lot and the history of decades of commercial use, it makes it advantageous for the community,” Kuykendall said.

Sandra commented that everything surrounding the lot is residential, that prior commercial uses have been retail businesses, and that there has been no commercial activity for a decade.

“This is more like light industrial,” she added.

Skip said he was on the planning commission when the property was zoned from commercial to residential and that the city attorney at the time, Bill Bloor, had recommended the change. He added that he owns property on the corner of Warren and Preston Ave. and said that if Aronson’s lot is rezoned, he would consider getting his rezoned as well.

Kuykendall said that he expects that entire area will likely be receiving more pressure for commercial development.

“That’s the whole point of the process. Cities don’t remain static, they grow and change. Our job is not to tell entrepreneurs what they can and can’t do with their businesses and create hurdles for businesses to help our economy and our community grow. Instead, we should be removing those barriers, but in a way that’s smart and thoughtful and helping the community, not hindering it,” Kuykendall said.

Board chair Larry Johnson stated opposition to the rezone.

“The city has commercial and industrial property that would be much better suited for this operation and this just opens things up for more of the same,” he said.

Commissioner Karen Gregutt spoke in favor of the rezone to “eliminate the grey area of ‘it’s always been that way’” in reference to the lot’s history of commercial use. She also said it would be important to protect residents by developing an aggressive conditional use permit for the landowner.

In a vote of the commissioners Kuykendall, Gregutt, and Brian Callahan voted in favor of recommending the rezone. Johnson and Stan Bly voted opposed.

Commissioners then worked out details of what they called and “aggressive, but not punitive” conditional use permit to be offered to the applicant and renewed annually.

“We want to do what is necessary to protect the community. without punishing the business owner,” Kuykendall said.

Commissioners fine-tuned conditions pertaining to hours of operation, water supply and restroom facilities, privacy fencing, noise, lighting and signage, traffic and parking, noise generation, waste disposal, and more.

Planning commission recommendations will be presented at the Dec. 21 city council meeting.