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& <br />? - . <br />t .., '` <br />PLANNING COMMISSION MARCH 8, 1983 PAGE 2 <br />on March 2, 1983, seconded by J. Roberts, and unanimously <br />approved. <br />V. COMMUNICATIONS: <br />No Items. <br />VI. NEW BUSINESS: <br />No Items <br />VII. OLD BUSINESS: <br />During the discussion of the Developers Diversified rezoning re- <br />quest, Planning Coiamission had questioned if a parcel is rezoned by <br />Council to Mixed Use, could this property be used as multi-family, <br />if the original proposal (low rise office buildings in this parti- <br />cular case) was not constructed; and if so, would a referendum be <br />required. Assistant Law Director Dubelko explained that there are <br />now two classificiations in the Mixed Use District; Mixed Use "A" <br />and "B". Under Mixed Use"A", multi-family units are permitted, s.o <br />if zoning change is to mixed use "A" and the percentage of multi- <br />family units exceeds 20% of the total residential units in the city, <br />the proposal would go to referendum. Under Mixed Use "B" multi- <br />family units are not permitted, and no referendum is required. The <br />Commission requested copies of ordinances designating Mixed Use <br />"A" and "B". <br />In response to futher questioning by Planning Commission, Mr. <br />Dubelko advised that for arezoning request, the Commission should <br />bear in mind the original intent of the ordinance, as well as <br />changing circumstances of the area involved and the surrounding <br />neighborhoods, and the benefit to the city as a whole. Each case <br />should be evaluated on its own merits. He reminded the Commission <br />that if property cannot possibly be developed as zoned, the property <br />owner has a rigfit to develop his property. <br />Mr. Gorris will chair a committee to conduct a study of land avail- <br />able for residential and commercial development. Previous studies <br />and reports will be researched. <br />Mr. Laisy, part of whose porperty is optioned to Developers Diver- <br />sified requested permission to address the Commission. He listed <br />several comments made at the previous meeting which had no bearing <br />on the proposed plan. He also stated that if homes were developed <br />in the area, traffic on Butternut Ridge would be increased, which <br />was one of the objections to the proposal. <br />VIII. COMMITTEE REPORTS: <br />Mr. Burns has had no notification of committee meeting regarding <br />signs in the Industrial Park. <br />, IX. ADJOURNMENT: <br />The meeting was adjourned at 8:35 p.m. <br />? <br />/ Z . A;!4 ' <br />. Morgan, Chairman B. Oring, Re <br />rding Secretary