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The owners of the property, the Goodman
family, re-petitioned the city after the Lincoln Planning
Commission, at an Aug. 15 committee meeting, denied the request to
rezone the property from residential to commercial. Cynthia Goodman
believed some of the planning commission members may not have not
have received all the pertinent information. Goodman would like to
open a flower shop on the property.
Neighbors who reside adjacent to the
property strongly argued their opposition to the request to rezone
it from R-2, residential, to C-2, commercial.
Last week’s leading concerns revolved
around the belief that the watershed from the installation of a
paved parking lot would be problematic. Residents believe the water
flow will overwhelm the drainage system that currently exists. They
claimed there are problems already. They are afraid of water damages
to their homes.
Residents also shared concerns about
the loss of trees that sit on the property. The trees provide a
visual and noise buffer from Fifth Street traffic.
Additionally it was pointed out that
even though a flower shop is intended to be built to occupy that
space now, that does not guarantee that is what will happen now, or
maybe 20 years down the road something less desirable will go there.
Monday night Mayor Beth Davis opened
the floor to further comments from the public before the council
began their discussion. She asked that people bring only any new
arguments or information.
Several people came forth. First was a
neighborhood resident from Fourth Street. Susan Stringfield pointed
out that adding business will increase traffic flow in an area that
is already hazardous to children. She said she has a son who was hit
and critically injured at one time in just such traffic.
Another neighbor, Suella Tucker, said
that Casey’s turned their lights on the other night and it was
"enough light to read a book." The development of this property as
commercial would mean the loss of trees that provide a light buffer.
Nick Burgrabe, an attorney representing
the neighbors to the property, addressed the judicial issues
revolving around rezoning property. He cautioned the council to take
into consideration several points before voting. He began by
directing the focus that this was a petition to change zoning. If
rezoned to C-2, commercial, any business can go in there. In his
research he found a like matter that was settled in the courts,
"‘Spot zoning’ is cautioned where there is not a comprehensive
zoning plan," like Lincoln, he pointed out. He added that the
property sits right in the middle of all residential property. He
cited Illinois law that says, "Zoning should not be in the interest
of a few." That is the case here, he said.
Burgrabe concluded by saying that there
would be a diminution of the property and adjacent property values
by zoning commercial. He issued a challenge, saying, "They (the
petitioners) need to prove it is in the best interest of the
public."
"There is no reason this property
cannot be developed for the purpose it is already zoned
(residential)."
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Cynthia Goodman said the flower shop
building would block the light. Not only that, but they plan to
build a fence, and that would help also.
Addressing the traffic issue, she said,
"A flower shop is 75 percent phone orders. It is a low-traffic
business."
She was followed by her husband, Steve
Goodman of Harold Goodman Excavating and Trucking, who simply
reiterated his willingness to comply with any requests made by the
city to get the property developed in a pleasing manner.
Alderman Benny Huskins opened the
council discussion. "Whenever we get a recommendation from the
planning commission, I think we ought to take it," he said,
indicating he would vote against the petition.
Alderman Joe Stone joined him,
explaining, "For years I lived next to commercial." Stone added that
he would consider the neighbors’ feelings and vote against
commercial rezoning.
Aldermen Glenn Shelton and Steve Fuhrer
were the first to indicate possible favoritism in the rezoning.
Shelton carefully worded his thoughts, observing that it was only a
few months ago that an outside corporation requested the same thing
for property directly across the street. Neighbors came before the
council at that time and spoke against them with the same issues.
The corporation, Casey’s, won the zoning change to commercial. Now a
hometown person would like to develop a business. Shelton urged his
fellow council members, "Remember what we did a few months ago when
we consider this tonight."
Fuhrer began, "What I don’t understand
is why this wasn’t zoned commercial 20 years ago." There are
businesses all up and down that area. Just in the nearest blocks are
the VFW, Postville Courthouse, a chiropractor and at one time a
beauty shop. "I think it will help the neighborhood," he said.
Melton tendered a sentiment that was
prevalent in the room, saying, "It saddens me that if granted
rezoning, there is a group here that wants to preserve their
neighborhood. One of my concerns is the drainage problem. I want to
see that, if rezoned, they adhere to it." He added, "I like to see
neighbors sticking together."
Melton took a diversion for a moment,
saying that he would like to address a comment that was made during
last week’s work session by someone addressing this issue. "I was
offended by the good-old-boy-club comment. Each and every one of the
aldermen up here makes up their own mind." Several yeses indicated
others took exception to the comment also.
Back to the rezoning issue, Verl
Prather said that he had thought about it for weeks. He drove up and
down that stretch of street assessing it and concluded, "It seems to
me to be commercial property."
Before the vote City Attorney Bill
Bates apprised the council that it would require a two-thirds vote,
seven votes, to overturn the planning commission’s recommendation to
keep the property residential.
Upon roll
call the vote was 6-4. Aldermen Huskins, Mitchell, Stone and
Armbrust voted no. The property remains residential.
[Jan
Youngquist]
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