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Commission backs higher appeal fee for Board of Adjustments and begins review of Fifth Street zoning uses
Summary
Commissioners voted to raise the fee for Board of Adjustment appeals and discussed proposed amendments to the C2 overlay and C3 downtown zoning to restrict car‑centric uses on Fifth Street and encourage pedestrian‑oriented redevelopment.
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The Planning and Zoning Commission voted to increase the fee charged for appeals to the Board of Adjustments and discussed proposed zoning-text changes for the Fifth Street (C2 overlay) and downtown (C3) areas intended to support walkable, mixed‑use redevelopment.
Staff proposed raising the fee for Board of Adjustment appeals from $60 to $300 to cover administrative costs, legal review and public-noticing expenses; the commission approved the change by voice vote (motion by Carolyn Witt, second by Rocco Gonzalez). Staff said the change also ensures applicants—not city taxpayers—cover the cost of variance appeals that often require city‑attorney participation.
On zoning, staff asked commissioners to consider giving the C2 overlay its own use table rather than treating it identically to C2 highway‑oriented parcels. Staff proposed tightening permitted uses in the C2 overlay and making several vehicle‑oriented uses (drive‑throughs, motor vehicle rental, automated car washes, gasoline stations) either prohibited or subject to special‑use review to preserve the desired pedestrian character along Fifth Street. Staff also suggested amending C3 to explicitly allow single‑family‑attached and townhouse forms and to require cross‑lot access, build‑to lines, and reduced curb cuts to support a main‑street environment. Staff said existing automobile uses that predate any changes would remain legally nonconforming; new or expanded uses would be subject to the revised requirements.
Commissioners generally supported front‑loading these policy choices to protect the corridor from future incompatible uses and asked staff and consultants to incorporate the commission’s preferences into formal code amendments to send to council. Staff emphasized that changes would be coordinated with the Fifth Street corridor study and that nonconforming existing businesses would be grandfathered while new permits would be reviewed under the updated standards.

