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R-2 is a designation for residential
use only. The rezoning would allow the property to be developed for
commercial use.
Eleven members of the commission
listened as Goodman, those supporting the rezoning and those
opposing the rezoning presented their reasons and opinions.
Goodman said that she would like to
build a building for her floral business on that property. She has
been running her business out of the back of the Cherished Memories
store downtown. The location has a lot of drawbacks, personal
parking being a major factor. She needs a space with close access to
her delivery vehicle.
The building, Goodman said, would blend
with the neighborhood and look a bit like a home. The lot would have
a privacy fence at the back. She said the building would have what
looked like a porch on one end and a carport for easy access to her
delivery vehicle. She would have some off-street parking. The flower
business is 75 percent telephone orders. Only holidays bring an
increase in foot traffic.
Goodman said she knows there is already
a water runoff issue at that location. When she petitioned last year
neighbors complained that there were already problems with flooding
in the area. They were concerned that paving the lot would
contribute to the flooding with increased water runoff.
City Engineer Mark Mathon said that the
property sits midblock and is the break point for water runoff on
Fifth Street. Facing north on Fifth Street, the property is the
highest point in the area. Everything descends from that point in
each direction. Therefore water runoff goes east and west along
Fifth Street and south toward residences at the back of the
property. The nearest storm sewer is a block and a half away in
front of Casey's.
Goodman said, "We are willing to work
with the city and do whatever we need to do."
Goodman named all the businesses
already lining that area on Fifth Street. She pointed out that it
was highly unlikely anyone would want to build a home there. "It is
pretty much a commercial area," she said.
All of the opponents to the rezoning
are people with homes near the property. Kathy Horn from 404 S.
Jefferson St. has a home that was one of the first properties
developed in the neighborhood.
Horn said that she had not had water in
her basement in the 24 years since she built her home. She had water
in her basement in March and May. She attributes the water to the
changes that were made on the lot. The trees were removed, the lot
was excavated, and sidewalks were added. She fears that further
development, the lack of grass- and tree-covered ground to absorb
water, and the addition of parking pavement will increase the water
flow toward her home. Having recently lost her job with the closing
of Eagle, Horn is concerned about protecting her investment in her
home. Facing the potential of more damage or trying to sell her
house, she said, "I cannot afford it."
[Kathy Horn's house adjacent to rezoned lot]
Another neighbor to the VFW side of the
property, Stella Tucker, said that she thinks the water flow is
greater now that the trees are gone. She said she has had mud in her
garage and the water from it is now entering her house.
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article] |
Tucker said she was speaking on behalf
of several of her elderly neighbors and people who couldn't get out
to the meeting who oppose the development of this lot. She
spearheaded a petition that was signed by 27 neighbors and presented
to the commission.
Tucker raised the water flow concern as
well as providing a colored map that showed business locations and
residences in contrasting colors. Her point was that businesses had
encroached on the residential area, and this is zoned and intended
as a residential area. "I don't want to live next to a business,"
she said.
Tucker also
alerted that commission that if they approved the request and it
moved to city council for approval, the neighbors will take it to
court. They have already retained the counsel of Nick Burgrabe. "We
feel that strongly," she said.
Lincoln Economic Development
Director Jeff Mayfield addressed the commission, representing those
who strive in economic development in our community. He said he
recognized the difficulty in making a good decision on this matter.
Mayfield pointed out that from the
economic development standpoint, “Virtually every single thing that
we do makes some people happy while at the same time making some
people upset or angry.” He observed that the city council and county
board have found that same thing.
“So,” he said, “I appreciate this
forum. I'm glad that [there are] people with an ideal and a dream, as this
family has had for a long time, but I'm glad that those who oppose
can also come forward and voice that opposition.”
“We're behind you. We trust you. We
know that you will make the right decision,” he said.
Chairman Betty Gehlbach requested a
motion on the matter. After a lengthy silence from the commission
they were reminded that a motion was needed to open discussion
whether it was for or against the request.
John Guzzardo made a motion in favor
of granting the rezoning. Supporting his motion, he said that there
have been many eyesores along Fifth Street. Casey's was an
improvement, and something on this property is going to be better.
He added that we need jobs and here we have a new business.
Discussion which followed between
the commission members recognized that there has been a water runoff
problem with the property for many years. The city needs to deal
with it. Any development of that particular property will add to it,
whether it is residential or commercial, and with all the commercial
properties it is highly unlikely that anyone would want to build a
house there at any time in the future.
Bill Bates said that are no city
ordinances that address this issue specifically. General law says
“that you can't run water where it doesn't naturally flow,” he said.
In the course of discussions some
solutions suggested were for the property owners to add the type of
retaining wall that would regulate the rate of runoff and that the
city might add curbs and gutters to control the direction of the
water flow.
Voting to rezone the property from
R-2 to C-2 were Betty Gehlbach, Mike Morris, Scott Cooper, Clara
Janet, Don Vincent, Don Miller, Bob Wood, Beth Davis, John Guzzardo
and David Klug.
Ron Fox abstained due to conflict of
interest. He is employed by the Goodman family.
The recommendation will go to the
city council on Monday night. Bates said that it is on the agenda.
People for or against it can come, and if the council wishes to
address it, they will be given opportunity to speak.
[Jan
Youngquist] |
