02/09/1976 Meeting - Laserfiche WebLink

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e Councilman Bradley asked if there were any alternatives to an actual zone change that could be used to permit the dental clinic as proposed. Mr. Saul said there were a variety of options, one being reinstitution of the nonconforming status under which the clinic was previously operated and which terminated upon change of use of the property. He said a conditional use permit could not be used since there is no provision for this as a conditional use in R-2 districts. There is a provision for home occupancies which was included in recognition of many people engaged in small business ventures for supplemental retirement income, juvenile selfemployment, etc. However, he felt it extremely difficult to consider a dental clinic as a home occupancy - it could not have outside paid employes and the opera- tor must live on the premises. Another option, he said, could be contract zoning, but the city has consistently taken the position that that approach would result in spot zoning. Stan Long, assistant city attorney, added that contract zoning would require special legislation; objections to that type of zoning primarily were the number of criteria a public body must consider in making a decision whe- ther to rezone. It would change the whole basis on which zoning was decided, he said. e Councilman Bradley then read the purpose of RP districts - a desirable mIxIng of residential land uses with professional and business uses in close proximity to a low-density residential area. He wondered about the definition of "low-density residential" - whether it included property so zoned or property with low-density use regardless of whether it was zoned for low-density. He felt the subject area might be a situation where low-density housing existed even though the zon- ing might allow something greater than low-density. Mr. Saul answered that the residential/professional district was intended to provide a buffer between resi- dential uses and commercial or industrial uses. "Low-density" was included, he said, to clarify that this could occur in certain low-density situations also. He cited examples of the effective use of residential/professional zoning along 13th and 18th, immediately west of Skinner Butte Park, and between the Oakway Mallon Coburg Road and surrounding residential areas. With regard to the 11th and Polk property, the properties immediately adjacent were low-density; but when considering the entire Westside Quality neighborhood area, he said, it was within the medium-density range. Councilwoman Shirey asked if staff considered that traffic entering and leaving this property would cause a problem because of the traffic light at the inter- section of 11th and Polk. Mr. Saul said there was some cause for concern; in assessing the diagram submitted with the application, it did not comply with set- backs, etc. In further answer to Mrs. Shirey, he said the original application involved three lots, but a revised application had been submitted and the subject of this request covered the corner lot only. Councilman Bradley asked for definition of the term "speculative zoning" used in connection with this request. Also, whether that would apply in this case. Mr.Saul said the term was used in a letter from the Westside Quality Project, and his understanding of the term was that it referred to a process for helter-skelter zone changes, encouraging owners of adjacent properties to ask for zone changes that would permit similar uses. He felt that process was a definite probability if this zone change request was granted. e Mr. Haws moved second by Mr. Williams that the motion be restated to adopt findings supporting denial of the requested zone change as set out in Planning Commission staff notes and minutes of December 2, 1975, and uphold the Planning Commission recommendation to deny the request. Motion carried - Council members Keller, Haws, Beal, Williams, Hamel, and Shirey voting aye; Councilman Bradley voting no; and Councilman Murray abstaining. loq 2/9/76 - 7