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Session 1825 November 19, 2001 Mr. Munkel moved adoption. Mr. Wagner seconded the motion. The roll call vote was as follows: AYES: Ms. Colquitt, Mr. Munkel, Mr. Wagner, Mr. Lieberman, Mr. Schoomer, Mr. Sharpe, Mayor Adams. Bill number 8563 passed and became Ordinance 6338. BILL NO. 8564 -APPROVING A FINAL SUBDIVISION PLAT OF A TRACT OF LAND TO BE KNOWN AS SLAVIN'S SUBDIVISION AND LOCATED AT 312 GAY AND 8050 LAFON. Mayor Adams stated that there were some citizen requests to speak on this issue. Mr. Bruce Crowe, 508 Mapleview, said that he was here to speak in opposition to the resubdivision of the two lots. He does support redevelopment and welcomes Mr. Slavin to the redevelopment of two lots, just not three. He described the lots compared to others in the area. This resubdivision would not preserve the character of the neighborhood. Three houses crammed on those three lots will prevent the trees from being viewable and convert the character from a suburban to an urban row house neighborhood. The citizens that attended the plan commission meeting were given the impression that the commission members had little or no discretion on whether they could approve or disapprove the proposed subdivision. Rezoning meant an automatic approval. After a review of the code, the number one point was to protect the residential character, stability and general welfare of the residents of U. City. He asked what discretion the City Council has. Mr. Schoomer said that the Council is allowed to control height, mass and setback and only in accordance with the existing ordinances. If this was a private subdivision or in a historic district, then there are other agencies that would have some control over denying this type of rezoning. In this case, this is a public street and the developer meets all of the requirements of law and we have no choice but to approve it. Mr. Crowe disagrees with Mr. Schoomer, because the ordinance says that these are the minimum requirements. He believes that we do have discretion. Betsy Nimock, 300 Gay, said that she has concerns about putting the tall row houses at this location. It would not look good. She lives right next door to the lot in question. She urged that each of the Council go up to that part of Gay and take a firsthand look at it to see what it looks like. Her home is considerably lower than the lot that is in question. If a home or two homes are built next to her home she is concerned what will happen with water drainage. She believes that one lovely large home built on this lot would be a wonderful addition, but two would not look good and could impact her badly. Mr. Schoomer said that when plans are submitted for approval, they must be submitted with appropriate drainage to MSD and to FEMA's standards as well. Without proper drainage plans nothing can be built. It is a requirement of law.