Mel Joos, Chairman, called the regular scheduled Planning Commission meeting to order at 6:30 p.m. in the Training Room at Fire Station No.1.

Present for Roll Call were Commissioners Mel Joos, Doug Wilson, Bill Bradle, Mike Brown and Jeff Borders. Commissioners Jeff Fuerst, Gary Moehle, Arnie Wiltz and Bill Hartter were absent.

Also present was P&D Director Jon Oliphant and City Clerk/Planning Commission Secretary Carol Moss.

Commissioner Bradle moved and Commissioner Borders seconded to approve the minutes of the December 6, 2006 meeting, as presented. P&D Director Oliphant reported to the Commission members that two public hearings were originally scheduled for this meeting, but one was published with the wrong section number of the code, consequently that will be republished for the February 7, 2007 Planning Commission meeting.

A public hearing was opened for comment at 6:35 p.m. for the purpose of hearing a rezoning request of Mallard Crossing LLC to rezone Lot 6 of Mallard Crossing Commercial Park from C-2 to C-3. The petitioner was not present and P&D Director Oliphant briefed the Commission on what is being requested. Mallard Crossing Commercial Park contains six lots and is part of the larger mixed use Mallard Crossing development. Lot 6 is approximately 1.64 acres and does not have frontage on either West Cruger or North Cummings. Lot 6 is currently undeveloped and an ingress/egress easement provides access from West Cruger Road adjacent to Lot 3. Lots 1-4 are currently zoned C-2 while Lot 5 is zoned C-3. Lot 15 to the south is zoned R-2 and property to the east is zoned I-1. Scott Underwood is proposing storage and warehousing on the subject property. Three small buildings would be constructed on the lot. The proposed use is not a permitted use in C-2 but is a permitted use in C-3. The proposed use would not create any noise or odor, and the lot is suitable for the proposed use. It would be difficult for a traditional retail use on this property because of its lack of access and visibility.

Commissioner Wilson asked what else could go on this property if it is rezoned. P&D Director Oliphant replied any type of C-3 use, but because of the size of the lot and the access situation it is not really suitable for much as far as commercial. Commissioner Bradle asked if there has been any hint from Scott Underwood as to what will go in here and P&D Director Oliphant reiterated that Underwood is planning on putting warehousing for his use. Everything will be inside and there will not be any odor or anything that will impact neighbors. Chairman Joos stated that when Underwood's projects are complete what will happen then with the lot. Commissioner Borders noted it is not the immediate use of the property that is of some concern but it is the legacy of the property. Commissioner Bradle stated that this is very similar to the Kinsinger situation on South Main Street. Chairman Joos stated that this could be considered spot zoning. Commissioner Bradle stated that he would not have a problem with this if the zoning could revert back to C-2 if the use changes. P&D Director Oliphant stated once more that this parcel is not suitable for a lot of C-3 uses. Commissioner Bradle stated that if Lot 5 is not used for an auto body, as previously planned, and if combined with this lot, then it would be large enough for a good sized commercial use. Commissioner Wilson stated that when Lot 5 was rezoned there wasn't any concern because it was surrounded by commercial use, but this lot has multi-family to the south on Lot 15, and that makes a big difference. Chairman Joos asked if the landscaping requirement will come into play and P&D Director Oliphant replied it will, as well as for Lots 3 and 4. Commissioner Borders stated that this gets into what he was talking about when this development first came up. Scott was planning a quaint area to kind of mirror the Square for this property, but now that has all changed. Now we have an auto body shop and warehousing. He asked what happened. Chairman Joos stated that no one is saying that the intent is dishonest but Underwood is not going to own this property forever. He went on to say that he expects the intent is o.k. because the proposed use is not going to impact a hotel to the east, and there is nothing to say that Underwood will not come back later on and request C-3 zoning for some of the other lots. He went on to say that he agrees with Commissioner Bradle that if the auto body does not happen then there would be a three plus acre parcel, and a good sized C-3 use could go in. Chairman Joos stated that he is inclined, however, to go along with the request and Commissioner Bradle stated that he is also, but this is just something that could happen and needs to be mentioned.

The public hearing was closed at 6:55 p.m.

Commissioner Bradle moved and Commissioner Wilson seconded to recommend approval of the rezoning of Lot 6 of Mallard Crossing Commercial Park from C-2 to C-3.

Findings of Fact - The Commission found that the request was made by the owner of the property; proper fees were paid, a public hearing was held on January 3, 2007, proper notice was given and published as required; proof of publication was provided; all persons present were given the opportunity to be heard (there was no public present) the property is zoned C-2; adjacent properties are zoned C-2, C-3, I-1 and R-2, adjacent property owners are shown on the plat; property is suitable for proposed zoning because it would be difficult for it to support a traditional retail use because of its lack of access and visibility, there will not be any noise or odor associated with the use and all storage will be inside. There should not be any negative impact to adjoining property owners. The property has always been vacant as zoned. The Comprehensive Plan identifies the subject property as General Commercial and the proposed rezoning would be compatible with the plan.

On roll call on the motion to recommend the rezoning of the property as requested, the vote was: 
Ayes: 3 Brown, Bradle, Joos 
Nays: 2 Wilson, Borders 
Motion declared carried.

Staff Reports - P&D Director Oliphant reported on 2006 residential development activity stating that the City issued building permits for 199 new housing units valued at almost $34.3 million in construction value. Number of permits issued in 2006 was slightly higher than the number issued in 2003 and 2004 but lower than the 309 issued in 2005. In 2006, 93 new single family permits were issued, 22 were issued for two family dwellings and there were 84 new multifamily dwellings built.

2006 business development included the issuance of 13 building permits valued at $22.96 million for commercial and industrial activity. New construction included Basta O'Neill's, Community Center, Cornerstone Learning Center, Tenderheart Child Care, South Side Bank and American Allied. Renovation or expansions included Cummins Family Restaurant, Sam Hayworth Fence Company, Tractor Supply, Kentucky Fried Chicken and St. Mark's Lutheran Church.

Commissioners Comments - Commissioner Borders stated that at the last meeting he did not want to give the wrong impression when discussion came up about design guidelines for commercial buildings. He said he does not disagree with making changes but with the line of the organization, he said he does not think that this is something that the Planning Commission wants to get involved in. P&D Director Oliphant stated that people tend to get the wrong impression of what the Planning Commission does. Commissioner Bradle stated that is something that is not going to change because it has been going on for many years. Chairman Joos stated that there is a book out that tells what the basic function of the Planning Commission is and that is determining the highest and best use of land. The Planning Commission is simply a recommending body and the City Council has the final say on matters.

There was no further business or discussion to come before the Planning Commission and at 7:21 p.m. Commissioner Bradle moved and Commissioner Brown seconded to adjourn. 
Motion carried unanimously by voice vote.