Tangley Street residents will see a Potbelly Sandwich Shop replace Shipley’s Donuts on Kirby Street.
Council voted four-to-one to approve the second reading of the ordinance to rezone 5800 Kirby from a townhome district to a commercial district during last night’s meeting.
Kirby Retail Fund, Ltd. has been seeking the zoning change from council to rezone 5800 Kirby.
The property has been zoned as a townhome district since 1974, but has been used as a commercial property as a “prior non-conforming” property.
Council expressed concern about the broad application of the zoning category during previous meetings; once the property is rezoned anything can be built there, such as an office building or a liquor store. Many council members said they would vote for the zoning change if Kirby Retail Fund agreed to deed restrictions prohibiting a liquor store or a two-story office from being built there.
The developer agreed to restrict the property to prohibit employee on-street parking within 750 feet of the property, as well as the liquor store land use and structures more than one story in height.
Council approved the first reading of the ordinance to rezone the property four-to-one at their May 24 meeting despite opposition from several residents.
Many residents were concerned about issues with parking, trash and wanting a buffer or green space between the commercial property and their homes.
Councilmember Steven Segal urged his fellow council members to vote against the second reading of the ordinance last night.
“I’m still opposed to it. I would ask you to reconsider it,” Segal said. “It’s premature.”
Segal said Tangley residents purchased their homes because they knew it was a townhome district. He urged his council members to postpone the ordinance because once they approve it, it is irreversible.
“We’ve done a poor job of zoning it,” he said. “If we make this lot commercial we’ve killed the rest of the block.”
Segal was the only councilmember who voted against the ordinance.
“I wish we had a better way to do this, but we don’t,” Councilmember George Boehme said.
Boehme said Segal made some good points but he supported approving the ordinance.
“I have to agree with Steve, but like George said, we have to be more practical about it,” Councilmember Chuck Guffey said.
Mayor Pro Tem Bob Fry did not comment but voted to approve the ordinance.
Mayor Bob Kelly said he found it hard to believe the land use would succeed as a townhome district. He said it came down to whether or not they believe it would be a viable townhome district.
“It’s going to be a very attractive commercial development,” he said.
A sad day for WU residents!