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<br /> Bruce Anderson, attorney, 777 High Street, supported staff's original proposal for II-B-4 <br /> the Whiteaker .area rather than the modified proposal presented. He was opposed to <br /> the four-story height proposed in certain conditions. He said it had been clear <br /> for years that the current designation for that area was not working out, but he -- <br /> felt that although residential use needed impetus, it should be the type of resi- <br /> dential use that was more consistent with what could be supported. He maintained <br /> that residential development in the area had not occurred because of economics <br /> and that there was no guarantee multiple~family rezoning would occur immediately <br /> upon its designation. Mr. Anderson continued that the city could protect the area <br /> through other actions such as limiting auto use. He thought the major objective <br /> should be what the majority of people in that area wanted, and that was not apart- <br /> men t s . He noted too that the new state legislation would help single-family hold- <br /> ings retain their identities. <br /> Alan Mayer, 425 Clark Avenue; Wendi Brannen, 121 North Washington; and Chris Moses, III-A-l <br /> 465 Clark Street expressed opposition to the proposed change. They were satisfied <br /> with the area as it ~xists, saying it was changing but not the way it would if <br /> the properties were sold. They were opposed to any apartment development that <br /> would change the character of the neighborhood. General repair and upgrading of <br /> homes in the area was going on, they said, and the vacant areas should be retained <br /> as open space for those people living there. <br /> Public hearing was closed, there being no further testimony presented. <br /> Councilman Bradley asked if this Plan amendment was precipitated by an earlier zone III-A-2 <br /> change request to accommodate a low-income housing development for the elderly. <br /> If so, whether consideration of the amendment then would be governed by criteria <br /> and rules of the Fasano case. Mr. Saul and Assistant Manager answered that the <br /> amendment was the result of recognizing over a number of years the Whiteaker area e <br /> as a problem area, that a series of inquiries about the area caused the study. <br /> Stan Long, assistant city attorney, said that even if the earlier zone change re- <br /> quest had been the precipitating cause for the study - and he understood it was <br /> not because it involved about a half-block and was tabled with the applicant's <br /> concurrence - his opinion would still be that this was not a quasijudicial matter <br /> coming under Fasano rules. He added that in those cases where the court had held <br /> a plan amendment was a quasijudicial issue they had involved single ownerships or <br /> single parcles; that was not true in this instance. <br /> Councilman Bradley then asked if in staff's opinion there was or was not a public need <br /> for this Plan amendment. Mr. Saul said that "public need" was not one of the <br /> formalized criteria on which plan ame~dments were based. However, if considera- <br /> :tion were given to all former comments concerning correlation of this plan amend- <br /> ment and achievement of the overall General, Plan, one could say this amendment <br /> did constitute a case for public need. Assistant Manager added that a number of <br /> policies in the community goals documents are being dealt with in this particular <br /> amendment - compact urban growth form, demand on auto dependency, preservation <br /> of existing housing, etc. General Plan amendments, he said, are an attempt at <br /> making application of broad policy statements. <br /> Councilman Murray asked about the timing of this refinement plan in relation to <br /> the broader Whiteaker area, whether this refinement study could be incorporated <br /> into the overall Whiteaker Plan. Mr. Saul said the Whiteaker plan was now scheduled <br /> for consideration in January 1976 unless the Commission's present work load af- <br /> fected that schedule. He said the original staff notes on this proposed change <br /> could be incorporated as additional elements in the overall Whiteaker Plan, es- - <br /> pecially the traffic situation, and perhaps further refinement. <br /> Councilman Keller asked for further explwnation of the recommendation to allow <br /> four stories with parking on the ground floor. Mr. Saul said that recommendation <br /> 7/14/75 - 12 '3',<1 <br />