04/15/2025 Meeting Minutes - Laserfiche WebLink

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To: Council, Mayor, Director of Law, Director of Urban Development From: Jim Burns (Personal) To date you have heard from the proponents of the Mall Area Mixed Use Overlay District. The following are some concerns I have about this proposal. I favor the basic idea of this effort; however, there are concerns I see with the adoption of this zoning change. They call this an overlay. In reality, it is a rezoning of the mall and shopping center area with the existing structures being grandfathered until a 3,000 sq. ft. or greater addition is proposed or any change in the principal use is requested (Sec1150.02.A.2 and 1150.02.A.4). The buildings would then have to be torn down and the development must meet the requirements of the new zoning code. Everyone thinks of the big box mall anchor stores when they think of the "mall;" however, the shopping center and the smaller store mall would be affected. Just a thought, the big box stores, with the exception of perhaps Dillard's, are paid for. The owners may not want to tear down the building to build smaller buildings to meet this code. Prospective buyers may not want to pay for the property and then pay to tear down the building. A buyer may want to keep the building as is but change the principal use of the building. Under the requirements of this code he could not do that. All of this may make these buildings non -developable or sellable. In addition, the "mall" potion of the mall is a covered shopping center. Shoppers can move from store to store without worrying about rain, snow, excessive heat or wind. These types of shopping centers may well provide an important shopping alternative. Parking will be a problem. Parking is permitted alongside, in the rear, and above or below the building. Does this mean that shoppers will enter the stores from a place other than the front of the store. Will they be required to walk by the dumpster or a grease trap. What about the handicapped, disabled and elderly. They can no longer park in front and enter through the front door. The parking section (Section 1150.08) requires one or two driveways between structures. Driveways are to be 24 ft. wide but the side yard setbacks are 0-20 ft. It seems a driveway won't fit. The code also states that there shall be no minimum number of parking spaces required (1150.08.C.1). Does this mean that some stores or apartments will have no place to park their customers or tenants. In addition, was the Fire Department asked to review this proposed code with respect to access. Listed as a permitted use on Table 1150.04(A) are apartments. Section 1150.04.E 1 states "The vertical mixing of users, including residential uses with nonresidential uses within a single building, is permitted and encouraged." Table 1150.06(B) which lists dwelling unit