2002 1107 City Commission Workshop

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• 100-foot setback. What this diagram attempts to show is a matter of a perspective and comparison, and is a graphic depiction of what Mayor Samson had envisioned at the last Workshop, which offers an option. Commissioner Goodman questioned the setback on the site plan and asked if there would be tables, shrubbery and a park on the ends, and Ms. Eichner said that was only in the middle area as 25 feet was not big enough for much more, but from a planning perspective any option at this point could work. Commissioner Goodman asked if this would be considered "Spot Zoning" because of the different setbacks and the heights of the building, and Vice Mayor Iglesias asked if something is consistent with the Comprehensive Plan would it be considered "Spot Zoning"? Ms. Diana Grub-Frieser explained that you could theoretically have a zoning district regulation which is consistent with the Comprehensive Plan but still for other reasons might be determined by court to be "Spot Zoning". She further stated that the concern "Spot Zoning" is a very general concept but basically it represents a judicial theory that certain courts have set aside certain legislative decisions under this theory of either "Spot Zoning" or "Reverse Spot Zoning", the underlying concept is that the legislative body has not been reasonable and has shown equality within certain decision making. The key to avoiding "Spot Zoning" is whether or not there is a planning basis which is developed by the legislative body to support the ultimate decision of the body. If you are doing something on a planning vision/scheme for an area, then the City is going to be on strong ground in defending its legislative action. Mayor Samson asked what the depth of the land from 167th Street to 172nd Street which will not include the Casino Property. Jorge Vera said that it runs from 550 to 650 in depth. Mayor Samson stated that on the two tall buildings on the end, he would rather see a 150-foot setback rather than 100 feet. Commissioner Edelcup suggested as an alternative to be uniform in having all low buildings (15 stories) from 167 to 173rd and not bificate the area in tall and short and have the plaza across the whole front but perhaps not as deep as 150 feet but pedestrian friendly, and that the width of the buildings not to exceed 200 feet wide and that if towers were in there, that no two towers could be more than 100 feet wide, with a lot coverage of 70% building, and 30% green/plaza. Mayor Samson does not support this proposal because we do not want block buildings built, we want tall and skinny buildings. As far as setback is concerned, he would like to see the setback at 35 feet rather than 25 feet. Commissioner Edelcup clarified his proposal for setbacks as 50-foot in the front, 20-foot on the side, and 15-foot in the rear. Commissioner Kauffman said we would have box after box of same size buildings, and she agrees with the Mayor with the 150-foot setback, and we have to have a variety of height. Commissioner Edelcup said that the picture does not show across the street of tall buildings which would cause a concrete canyon. Commissioner Goodman stated that the major problem that he foresees is that the "Casino Property" is not deep. If the Casino Property was as deep as the other end, then we wouldn't be having this discussion. Setbacks are very important. Start from the Rascal House. Summary Minutes:LDR's Workshop,Nov.7,2002 Page 2