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Committee Chair Oliver Davis stated in the atmosphere of being pro- business, shouldn't it have <br />been a recommendation by Community Investment or the Area Plan Commission to say we need <br />written commitments that this property will stay the same aesthetically and limit to a publishing <br />company. The tone of this discussion has been concerning. It does not seem like there has been <br />any kind of help from either two (2) organizations. <br />Ms. Smith stated if this petition had come in three (3) years ago, our recommendation would <br />have been different. Per state statute once there is an adopted comprehensive plan, the staff <br />recommendation from the Area Plan Commission can only recommend what is consistent with <br />the comprehensive plan unless there is some overwhelming reason to deviate from the plan. <br />Once the Westside Main Streets Plan was adopted as an amendment to the comprehensive plan, <br />that is what the staff has to look at. Since this is already a residential property, recommending for <br />anything other than residential would be inconsistent with the plan and out of our purview. The <br />Council can make the decision it makes with our recommendation. <br />Council Attorney Cekanski- Farrand asked Ms. Smith in light of the variances being turned <br />down, if the Council would go forward tonight would the property then have to adhere to <br />standard City Code. <br />Ms. Smith responded that there are some additional variances that she did not apply for that she <br />would have needed including additional screening and a step back from the property for parking. <br />If the property is rezoned by the Council, Ms. Kimbrough has a couple of options. She can either <br />build everything per the ordinance or she could wish to wait six (6) months to apply to the Area <br />Board of Zoning Appeals. <br />Councilmember Tim Scott stated he understands the Master Plan for Lincolnway and Western <br />because he sat on the committee. The problem he has is that we are applying standards to this <br />that we haven't seen out of Community Investment to move forward with. We can come up with <br />all these plans but if there is no timeline or actual implementation in process that is a different <br />issue. Before us, we have a vacant building that could be turned into something positive and we <br />should capitalize on that. If you go from Ms. Kimbrough's property to Downtown, you have two <br />(2) to three (3) residential houses and then a commercial property and that is all the way to <br />Downtown. We have been down this road before with Community Investment where they can <br />come in and because it doesn't adhere to a plan they speak against something positive happening <br />in a neighborhood. Councilmember Tim Scott asked Ms. Kimbrough if anyone from Community <br />Investment has contacted her to talk about development help. <br />Ms. Kimbrough responded no. She stated she spoke with Mr. Divita originally and that is when <br />she was told the property wasn't zoned correctly. She stated she has not felt welcomed by <br />Community Investment to the area. <br />Councilmember Scott stated that's disappointing to hear. <br />Councilmember Regina Williams- Preston asked how long her family has owned those properties <br />and that corner. <br />31 <br />