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West U City Council approved the first reading to rezone Shipley's Donuts from a townhome district to a commercial district.

Despite opposition from several West U residents, city council voted to approve the first reading of the ordinance to rezone Shipley’s Donuts from a townhome district to a commercial district.

Kirby Retail Fund, Ltd. has been seeking the zoning change from council to rezone a former Shipley’s Donuts location at 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; 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.

Kirby Retail Fund needed council approval for a zoning change to tear down the existing property and build a Potbelly Sandwich Works. Once the building is torn down, it will lose its “prior non-conforming” status.

Bob Orkin of Kirby Retail Fund, along with his attorney Reid Wilson, agreed to deed restrictions for the property, addressing council’s concerns prior to last night’s public hearing. They declined to make any additional comment during the last night’s meeting.

Kirby Retail Fund 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.

Twelve residents addressed council during the meeting, all opposed to the property being rezoned as a commercial land use.

Cherie Lindley, a Tangley Street resident, said many residents felt council was already on the side of the retailer and were not listening to what the residents had to say.

“It will change the complexion of our entire neighborhood,” Lindley said. “This is nothing personal … it sets a precedent.”

Lindley urged council to protect the quality of life in the neighborhood by voting against the proposed zoning change.

“This is my home. I want to enjoy life there and I don’t want to deal with the headaches,” she said. “I hope you will put yourself in my shoes, our shoes.”

Many of the residents brought up issues of parking, trash and wanting a buffer or a green space between the commercial property and their homes.

“I understand where you’re coming from, believe me, I sympathize with you,” Mayor Bob Kelly said. “There are merits on both sides of this issue.”

Councilmember Steven Segal said he didn’t think council should be tampering with residential zoning and that the zoning change is premature.

“West U is a zoned city. We’re proud of that,” Segal said. “We face issues with our zoning code.”

Segal said he would vote against the rezoning request.

“This here that we’re talking about is child’s play compared to what can happen,” Councilman George Boehme said. “The options aren’t very good.”

Boehme said it was council’s fault the city doesn’t have a better zoning code; it’s not Bob Orkin’s fault. He said Orkin has offered to make deed restrictions for the property and he supported rezoning the property.

Council voted four to one in favor of passing the first reading of the ordinance.

This was the first of two readings needed for approval.

Council will consider the second reading during its June 14 meeting.