10/08/1979 Meeting - Laserfiche WebLink

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No ex parte contacts or conflicts of interest were declared by e Councilors. Staff notes and minutes were entered into the record. Public hearing was opened. David Filer, 235 East 3rd Avenue, spoke in favor of the zone change itself; however, he suggested that Council redraw the boundaries. He noted that there is a difference in the map that was issued and the language of the council bill. He would concur with the language of the council bill, but he said the map shows that not only an area north of the vacated east-west alley, but also two other lots south of the alley have been excluded ,from the zone change. He would favor inclusion of those two other lots. Mr. Saul confirmed that the request exempts the two lots in question. Mr. Filer went on to say that Council should examine the boundaries and correct them so that the two lots, Tax Lots 900 and 1000, are not excluded. Thoug~ he sai~ it seems a small change, there are important principles involved. In the adoption of the Refinement Plan, the question of density was discussed and settled that the area south should be limited to medium density, with the northern area medium to high density. If the Council should adopt the zone change as outlined, it would be in confl ict. He said it would not only not be in the public interest, but contrary to the public interest, to exclude the two lots. A development using RG zoning is planned on those lots. The provi- e sions in the historic ordinance cannot apply as long as a valid building permit is issued. At this time, that development is still only planned. If the permit should fail or a new development occur sometime in the future, it would be in the public interest that any new development be held to the medium-density limit. He would note also that, until the time of the Planning Commission hearing, the Historic Review Board had not been notified, nor had they contri- buted an opinion on the correctness of the zone change. Ron McMullin, 1420 East Briarcliff, representing the Land Use Commit- tee of the Whiteaker Community Council, said they have discussed the East Butte area extensively. His concern is about the fact that the original zoning included the land vacant north of the alley which is south of Cheshire, an original part of the historic designation, and which has been excluded from the zone change. He wants to know if Planning will rezone in the future to conform with medium-high density and how they plan to do it. He understands that a portion south of the alley is also a special district and did not exist prior to this specific zone change. This is the only instance of an R-2/20A District. He would reiterate the fact that the Planning staff has not contacted the Historic Review Board and presented or asked for an opinion on the matter. He questioned whether an area's refinement plan or the Planning Commission's opinions are the final word for an a rea. e 10/8/79--5 550