09/25/1990 Minutes - Laserfiche WebLink

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indicate that multi-family development would be feasible. Members discussed the proposed ordinance setting up a new Mixed Use "D" district which would allow cluster housing, multi-family, elderly housing, etc. with a restricted local retail which would basically serve the various developments. In reference to the height, Mr. Gorris suggested setbacks should be in relation to the height of the building. Most of the assisted living complexes are:at least 4 stories, and this could be a11owed for elderly housing, but not necessarily for all multi-family. Mr. Conway suggested eliminating the 2Z story buildings with one level partially below grade since this presents maintenance problems. He suggested going to 3 stories. A1r. Dubelko clarified that any imdersized lot would be lawfully non-conforming, and an owner could not be required to assemble it. In reference to limiting the percentage of retail in the neighborhood or any type of rezoning, Mr. Dubelko stated there must be a purpose justifying that it bears a reasonable relationship to Lhe health, safety, and welfare of the residents; and it must be such that an owner can develop his property profitably. Mr. Morgan does not believe a number can be Established to limit retail, he believes that the requirement that Planning Commission must approve any retail use should cover it. He is concerned that owners of small lots would develop them as retail to serve developments that are not there. The members discussed eliminating some type of retail uses. Mr. Conway suggested limiting the square footage of retail developments, instead of severely limiting rnany types of retail, pointing out that the west end of town cannot really support much retail at present. Mr. Thomas suggested only permitting retail within the development which would only serve that development. Mr. Dubelko cautioned that this could be construed as prohibiting an owner of a small lot from developing his property. Mr. Thomas envisions that property would only be rezoned after a developer had shown.an interest in developing, it. Mr. Conway pointed out that each time a parcel was rezoned to • multi-family a referendtun would be required, Mr.. Gorris and Mr, Morgan believed that the intent was to rezone an entire portion of the west end of, town. Mr. Morgan believes.that,the purpose clause shows the reasons behind such rezoninge Mr. Dubelko stated that the opinions of a planner showing that this rezoning will not deprive owners of their groperty rights would make a stronger case in the courts. It was agreed to limit the type of retail uses as specified in paragraph 4-(a), but allowing Planning Commission some discretion as stipulated in paragraph 4-(c). In reference to limiting square footage, Mr. Dubelko cautioned this, too, could be construed as depriving an owner of property rights. In 4-(a) members ag-eed to leave items i, v, and vi, and keep paragraphs 4-(b) and (c) as stated. In - reference to required setbacks, members believe that a percentage of green space must be stipulated, and the 25% as stipulated for Mixed Use "A", "B" - and "C" might be too restrictive for a cluster of buildings. It was-agreed that variances_could always be granted. Mr. Conway would also like a density of lot coverage stipulated, limiting lot coverage per lot, as well as per acre. Mr. Thomas wi]1 be scheduling a meeting with Mr. Hill between now and the next meeting in order to finalize this review and incorporate it_in the review of the entire zoning code. IX. ADJOURNNIIINT: J. Thoma.s moved to excuse the absence of R. Bowen, seconded by B. Gorris, and unani,,mous1y-approved. The meeting was adjourned at 10:30 p.m. 13, L/-). B. Ori?ng, Clerk of Commissions 4