01428Edmond: Planning -Commission Meeting - 11/17/65 (Page 2)
Mr. Payne and Mr. Thompson were asked to review the situation with Mr. Larson and
Mr. Middleton. Mrs. 03good, the adjacent property owner to the east, was to be
contacted by the committee and kept advised.
File No. P-2-65, "DIANA LEE ADDN. NO. 211, Revision (Cont'd from 10/20/65)
Mr. Larson explained that the preliminary plat was approved on the basis of six lots
and the dedication of loth Ave. Two lots had subsequently been sold to the School
District. Mr. Murphy contended that the sale of the lots constituted an illegal
subdivision, and stated that the Planning Commission did not have the power to go
along with an illegal subdivision. Mr. Belt said he had proceeded in good faith;
that condemnation proceedings had been initiated by the School District, and rather
than go to court, he had agreed to sell the lots.
Subsequent discussion disclosed the fact that no deeds or real estate contracts had
yet been signed, and it was determined that Mr. Belt's attorney should get together
with the City Attorney and the School Attorney to try to resolve the matter. It was
noted that there is a performance bond on six lots, and Mr. Belt is building one house
and starting construction of the utilities.
Mr. Murphy stated that the City had been advised that the School District should not be
issued a building permit until the matter of loth Ave. has been resolved to the satis-
faction of the City.
Mr. Sate moved, and Mr. Hubbard seconded, that hearing on the preliminary plat of
"Diana Lee Addn. No. 2", as revised, be continued to the meeting of December 15, 1965.
Mr. Middleton suggested that prior to the next meeting, they submit a subdivision of
two lots. Mr. Murphy advised that in all fairness, they should understand that the
City would probably require a dedication of loth Ave. Motion carried.
The Planning Commission then took their regular 10-minute recess.
Rezones
File No. R-19-65, Larry R. Birum (RS-6 to RMH, all of block east side of 3rd So.
between Howell Way & Erben Drive) (Public Hearing)
Affidavits of publication and posting were presented. Mr. Haines reported that an
investigation of the proposed rezone area disclosed nine lots built on with three
or four facing 3rd Ave. with value in excess of $15,000.00. He stated that it was
probably the proper way for a rezone to come in, but it could have a depressing
effect on real estate values because the FHA would take a closer look at individual
properties, although it was possible that some properties would have an increased
valuation.
The recommendation and report of Mr. Gilchrest, the Professional Planner, was read,
recommending approval.
Mr. Morgan Johnson, Attorney for Mr. Birum, submitted notices requesting.rezone,
allegedly from each property owner except that of Lot 8. He stated that the rezone
conforms to the Comprehensive Plan and is directly across the street from the City
Park. Mr. Birum proposed to build a Condominium apartment building on Lots 1 through
6; with the building of three stories and 30 units of 25-$30,000 value, and parking
beneath. Tenants would drive in one end and out the other. He submitted sketches of
the proposed building and said it would be a nice development for the area.
Mrs. Ed Kane, 541 - 3rd So., Lot 8 in the rezone area, objected strongly to the pro-
posed rezone, and stated that no notices for rezoning had been given them for signature
in two years.
It was noted that the area to the north is presently zoned RML, and the east side of i
4th Ave. is RML. Mrs. Kane then'mentioned the Olson rezone petition north of the
City Park which had been denied, and the Planning Commission explained its reasons !,
for denial.
i
A discussion then arose regarding the validity of the notices submitted by Mr. Birum.
Mr. Bob Ott, co-owner with Mr. McClenahan at 539 - 3rd So., said it had been two years
since notices had been given them to sign, and they objected to the rezone. On
questioning by the Chairman, it developed that Mr. Gilkie, owner of Lots 1 and 2, had