HomeMy WebLinkAboutLU00-04-03MinutesAugust 3, 2000
SUBDIVISION
ITEM NO.: 3.1 (Cont.) FILE NO.: LU00-04-03
buildings of varying size are located to the south along
Kavanaugh Boulevard. Approval of this amendment will increase
the density of dwelling units located on the property from 16
units per acre to 24 units per acre. An increase in density
of dwelling units on the applicant's property will increase
the amount of multifamily units available in this section of
the neighborhood.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood
associations: Heights N.A.,
Hillcrest Residents N.A., Prospect Terrace N.A. Inc., and
Sherrill Heights Garden Club. Staff has received no
comments from area residents.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate. Approval of
this amendment will result in an increase in intensity of
use in this area that is in conflict with the scale and
character of the neighborhood.
PLANNING COMMISSION ACTION: (AUGUST 3, 2000)
Brian Minyard, City Staff, made a brief presentation to the
commission.
Commissioner Craig Berry asked if there was a Single Family
house facing south fronting "I" Street as well as the one
in the plan amendment. Brian Minyard, City Staff, stated
that the house in the plan amendment is a duplex and listed
the properties in the amendment area and adjacent to it.
John P. Gill the applicant stated his case before the
commission with a description of the current condition of
the property and presented his proposal for the property.
Commissioner Craig Berry asked the applicant if there was
any objection to keeping the access to the 4-plex only from
J Street and constructing a new driveway to the duplex from
"I" Street and eliminating access from both properties.
The applicant stated that he would have no objections for
doing so.
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August 3, 2000
SUBDIVISION
ITEM NO.: 3.1 (Cont.) FILE NO.: LU00-04-03
Keith Thompson spoke in opposition to the application and
presented a petition of homeowners opposed to the
application. Mr. Thompson then listed neighboring
properties owned by the applicant located in the
neighborhood and described a history of poor maintenance of
said properties. Mr. Thompson also objected to the
potential removal of any trees located on the property in
question.
Doug Greenwood spoke in opposition to the application and
opposed the new location for an entrance to the property.
Mr. Greenwood described a history of poor maintenance of
the applicant's properties and expressed concerns about
traffic.
Keith Lynch spoke in opposition to the application and
objected to the removal of trees. Mr. Lynch also stated
concerns about altering the grade of the property to
accommodate a new driveway as well as the effect of the
proposal on traffic.
W. M. Robertson spoke in opposition to the application and
described a history of poor maintenance of the applicant's
properties. Mr. Robertson also stated objections to a new
driveway and to the removal of trees.
Jim Linsky spoke in opposition to the application and
described a history of poor maintenance of the applicant's
properties. Mr. Linsky stated worries about introducing
new multi -family units in an area surrounded by single-
family housing in the area. The speaker also expressed
concerns about traffic and stated that the closure of "I"
Street for Holy Souls Church and School coupled with the
traffic generated by Mount Saint Mary's Academy already
caused traffic problems in the neighborhood.
Neil Dobbins spoke in opposition to the application and
stated concerns about traffic. Mr. Dobbins also described
a history of poor maintenance of the applicant's properties
in the neighborhood.
Patricia Thompson spoke in opposition to the application
and presented pictures of the applicant's property to the
commission. Ms. Thompson listed concerns regarding the
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August 3, 2000
SUBDIVISION
ITEM NO.: 3.1 (Cont.) FILE NO.: LU00-04-03
lack of off street parking in the neighborhood, the density
of neighborhood, the difficulties of garbage pick-up caused
by traffic congestion.
DeWitt Shotts spoke in opposition to the application and
stated concerns about traffic. Mr. Shotts also stated
concerns about the density of the neighborhood.
Commissioner Judith Faust asked if there were curbs cuts
currently on the north side of "I" Street. Bob Turner, Public
Works, stated that this application did not have a curb cut
but that there were curb cuts on this block of "I" Street.
Commissioner Judith Faust asked a question about the
eastward orientation of proposed 4-plex that is not
characteristic of the neighborhood. Jim Lawson City Staff
stated that the proposed building could not be turned
because of its size. She continued that she was not
concerned about density of the proposed development but
about traffic problems.
Commissioner Bob Lowry stated that he did not think the
application would add to traffic problems in the
neighborhood because most of the traffic problems are
caused by other uses in the area.
Commission Chair Pam Adcock asked the applicant if he had
any comments to make in response to the opposition. The
applicant stated that the current apartment building on the
property contains six units. The applicant described the
parking as adequate and that he has a goal of providing
off-street parking for his tenants.' Mr. Gill also stated
that the renters of single-family homes were responsible
for the maintenance up keep of the property while the
apartment building was under contract maintenance. Mr.
Gill also addressed the alternative of duplexes but that
duplexes would spread problems and that the problems would
remain the same. Mr. Gill said that if not approved he
could put either two single-family houses or duplexes on
the property.
Jim Lawson, city staff, stated that the applicant's only
option without rezoning the property would be to construct
two single-family homes on the two separate lots.
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August 3, 2000
SUBDIVISION
ITEM NO.: 3.1 (Cont.) FILE NO.: LU00-04-03
Commissioner Bob Lowry asked the applicant if he would be
willing to amend his application according the conversation
between the applicant and Commissioner Berry regarding the
driveway. The applicant said he would be willing to amend
his application.
Commissioner Craig Barry stated that the opposition was
based on perceptions of the residents concerning the
applicant's property. The real problems concerning traffic
in the area are caused by nearby institutions that generate
traffic. Commissioner Berry stated his support for off
street parking with the parking placed in the interior of
the applicant's property and added that a second access to
the property was not necessary. Commissioner Berry closed
by stating that the neighborhood association submitted a
letter stating that it did not oppose the removal of the
single family house as long as a 2nd access to the property
was not permitted.
Commissioner Rohn Muse asked staff how many units the
applicant could have if the application was approved.
Monte Moore, city staff, stated that the applicant could
have more than 10 units but the specific request for the
long form POD was for 12 units. The resulting density
would be 24 units per acre. Mr. Moore added that the
planned residential development specifically committed the
applicant to the proposed 12 units.
Commissioner Rohn Muse asked the applicant how large the
property was. The applicant replied that the property was
considerably less than an acre. Commissioner Muse stated
concerns about the size of the property.
Commissioners Bill Rector and Commissioner Berry began a
discussion about access to the property.
Commissioners Bill Rector asked the applicant why he wanted
to build a 4-plex on the property. The applicant stated
that his reasons were economics and that any new single-
family house would destroy trees on the property.
Commissioners Bill Rector stated that he did not want to
approve any new access to the property from "I" Street.
Commissioner Bob Lowry asked the applicant if he would you
August 3, 2000
SUBDIVISION
ITEM NO.: 3.1 (Cont.) FILE NO.: LU00-04-03
be willing to amend application according to the
discussions between the applicant and the commissioners.
The applicant said he was willing to amend the application
according to discussions held and not place a second
entrance to the property on "I" Street.
Planning Commission Chair Pam Adcock asked Mr. Lawson about
the type of development allowed on the property according
to the current zoning of the property. Mr. Lawson, city
staff, stated that one small house would be allowed by
right on each lot and added that the proposal before the
commission requested a new use that is too intense for the
neighborhood. Monte Moore, city staff, added that the
applicant would have to change the configuration of his
parking lot. The applicant stated that he did not intend
to mislead anyone at the meeting concerning his
application.
Commissioner Judith Faust asked if a land use plan
amendment was necessary for a Planned Residential
Development. Stephen Giles replied that a land use plan
amendment was not legally required and added that the
Planned Residential Development is a combination of a land
use plan, zoning and subdivision review. Jim Lawson, city
staff, stated that the current use of the applicant's
property is non -conforming.
A motion was made to approve the item as presented. The
item was denied with a vote of 5 ayes, 4 noes, and 2
absent. The item failed because of a lack of 6 votes for
the change per the commission's bylaws.
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