The first NCOD Petition TC-3-09 utilizing the new expedited process was denied by City
Council at today's meeting. There is a long history of meeting minutes concerning this
case that never was allowed to proceed beyond the text change application stage.
Basically the text change stage was handled like the rezoning Phase where expectations
were that a super majority (undefined) had to be in favor not just the majority noted in
the NCOD ordinance.No lots are allowed in the Low Density Residential (LDR) Land Use
category exceeding 20,000 square feet (R-2), and only publically maintained roads with
curb, gutter and sidewalk will be considered Comp Plan compliant.
There is some effort by Planning staff to limit NCOD regulations from deviating, even
moderately from the underlying district and that as built standards must be reflected on
75% of the lots included in the NCOD and must have a dwelling unit present to be included
in the analysis. Currently there is no definition in the NCOD code as to what constitutes
a developed lot. Some developer opponents are suggesting that if the property is not built
out to the underlying zone that it is not fully developed and should be eliminated from
the designated NCOD area. Also they are suggesting total land area should be considered
when establishing a majority in favor giving more credence to the largest lot owners even
if they are not residents of the area. Watch out for tear downs. These are but a few items
that came up for discussion in this initial case. The hurdle is still pretty high to get
an NCOD through this process and I suspect in future will be even more difficult.
Regards,
Paul
NECAC Chairman
paulbrant(a)mindspring.com
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