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Regular Meeting January 13, 2003 126. Page 5 TRACT OF PROPERTY LOCATED AT 307 SOUTH L.B.J. DRIVE, FROM "C~ COM~ERCIAL DISTRICT TO ~C-2" HEAVY COMMERCIAL DISTRICT; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mayor Habingreither opened the Public hearing and asked if anyone wished to speak. 1) Eileen Welch stated she is the owner of the ~operty located at 321 S. L.B.J. She stated she is opposed to the zoning change and feels this property should not be used to store impounded and wrecked vehicles. She stated this rezoning passed the Planning and Zoning Commission with a 5 to 4 vote and as feels they did not receive all the information regarding this item. She also stated the zoning signs were never posted and she did not receive proper notice. 2) Jeffrey Jones stated he is a small shareholder of Compass Bank. He stated he never received notice regarding the proposed rezoning. He feels this rezoning would change the look of the City. 3) Mark Johnson stated he was the applicant for the rezoning change. He stated this property is not a junkyard and most impounded vehicles are picked up within 12 hours. He also stated he needs a facility close to downtown and the University. He provided photographs of his facility. 4) Bob Sappington stated he opposes this rezoning request. He stated S. L.B.J. is a main entry to the city and feels this should not be zoned Heavy Commercial. He stated he agrees there should be a buffer around the downtown area so Heavy Commercial zoning would not be allowed. Mayor Habingreither asked if anyone else wished to speak. No one did, so Mayor Habingreither closed the public hearing. Mr. Mark Taylor stated the opposing neighbors have filed a petition. It will take six votes of approval by Council to pass this Zoning Ordinance. Ms. Tatum moved for adoption of the Zoning Ordinance, and Mr. Taylor seconded the motion. Mr. Mihalkanin inquired what are the differences in "C~ and ~C-2~. Ron Patterson, Director of Planning, stated this property is zoned "C" Commercial District, which are retail businesses, and "C-2" Heavy Commercial District are outside storage, mini storage and mobile home sales. Mayor Habingreither asked if the neighborhood received notices. Mr. Patterson stated notices were mailed to the addresses which are listed on the tax rolls. Ms. Narvaiz inquired who is responsible for posting the zoning signs. Mr. Patterson stated the landowner or applicant is responsible for posting the signs and making sure the signs remain up. Ms. Narvaiz inquired how often the Fire Department uses this property. Mr. O'Leary stated the Fire Department uses this property for training about once a year. Ms. Tatum asked if the business changes back to a glass shop, would there need to be a rezoning. Mr. Patterson stated business can continue if they were to change back to the original type of business. Mayor Habingreither stated he was in favor of having Staff send out notices again and then having the Planning and Zoning Commission rehear this item. Mr. Mihalkanin stated he feels notices should be sent to business' local addresses regardless of the address on the tax rolls. Ms. Narvaiz inquired whether the applicant requested to go to the Planning and Zoning Commission if they have substantial changes. Mr. Mark Taylor stated originally this property was zoned for a glass company and then it became used to tow vehicles and store them. He stated the company would have to cease the towing and storage business. Mr. Patterson stated