09/24/2008 Minutes - Laserfiche WebLink

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recommendation of Ordinance 2008-117 based upon the applicant providing lot consolidation plat and letters of intent from all land owners. Mr. Bohlmann supports the rezoning as it fits the area, though he is concerned about utility infrastructure particularly the sewer system. Ms. Leek said although she did not abut the site the entire street would be adversely affected by the project, particularly with an increase in traffic and decrease in property value. Residents can not access their drives now due to heavy traffic so health, safety and moral considerations would be impacted negatively. She questioned if impact to property values was studied. Mr. Evens felt both the BZD committee and the commission were not addressing the facts and affects of the proposal upon the neighborhood. Mr. Sharp said the city was forcing something onto the residents which they do not want.He believes the city has not protected residents by rezoning properties and that this will constitute spot zoning. He believes this will set a precedent for future rezoning requests such as the property for sale on the north side of the street. He felt the commission's report was flawed as it did not include the opinions of the residents expressed at the public meetings. He is concerned that if the land is rezoned and not built to this plan, another developer may propose a higher density. Mr. Martindale said if the developer gets the lots rezoned it provides an opportunity for someone else to purchase the land and develop the lots to their fiillest extent. Mr. O'Malley said deed restrictions would limit density, and if the current owner sold the land after receiving final approval, a new owner would have to seelc approval in the same manner. Mr. Crabs said that in the 1960's a master plan was developed to protect residents, and that the updated plan is being used to undo the city's zoning. Zoning is a covenant between the residents and the city to protect the health, safety and general welfare of its residents. The proposed development will impact the already burdened sewage plant. Mr. Wiles agreed with Mr. Crabs. Dr. Rollings applauded the commissioners for their dedication to the city, however opposes the development and rezoning. He hoped city representatives were listening to their constituents and basing their decisions on what is best for residents not what a particular developer wants. Mr. Heaton was against rezoning as the area already has poor roadway conditions and traffic issues. Mr. Stallcer questioned if the white farm house across the street could be rezoned residential chister as well. He questioned if all large parcels along Butternut were scheduled for rezoning in the master plan. He felt the two existing schools would be adversely affected as well. Mr. Boldi disagreed with the commission's report and felt once the lots were rezoned the city would be limited in their ability to control the density of the development. He is concerned that the city would end up with multi family homes on the site. Mr. Laslco assured the residents that deed restrictions would run with the land. Ms. Wenger said multi family units was not allowed in residential cluster district as the maximum attachable units is three and multi family allows four. Mrs. Meredith believed that the residents were misinterpreting their report. The commission's discussion of consistency with the master plan was based on the property being an infill development on vacant or underused property and having significant size and depth adjacent to a golf course off of Butternut Ridge Road. The commission did not see this as an area that met the area of transition criteria. 4