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Session 1705, Minutes September 8, 1997 12 condominium development, then there is a tree/grass barrier down the middle of the street, then the residential areas of Clayton begin. She understands that this is not feasible to do exactly, but she would like Council to consider that this points out the validity of making a transition for the people who are going to remain single family residences. Ms. Sue Toiler, 547 North 6: South, said she would like to applaud Mr. Wagner's comments on the City's comprehensive plan. She sincerely hopes that the Council will seriously consider the height and architecture of the proposed buildings and how they will affect the existing homes on North 6: South. it is a residential street and a massive structure would be out of character. The developer should conform to the needs of the area and Council's serious consideration and decision will set a precedent for the area. Ms. Lynn Wakefield, 514 Donne, said that she appreciates Mr. Wagner's understanding of the size of these buildings. She too believes that shifting the gable does not take any of the fifty-two feet away. The fifty-two feet, she believes, are measured from street level on North 6: South. That adds another eight to ten feet at the back end of the property, making it sixty feet high from ground level. It is hard for her to imagine any kind of landscaping that they could place at the back of that building that would accomplish screening sixty feet of structure. She is also concerned with the noise that will be generated by eighteen air conditioner units. She also is concerned that the new condominiums across the street, along with this new project, will cause traffic congestion. Mr. Schoomer asked Mr. Ollendorff if the site plan, along with the amendments that were made, meet the code requirements for construction in the district in which it is. Mr. Ollendorff responded in the affirmative. Mr. Schoomer said that he had a problem, then, because there are many limitations on what the City Council may and may not do. The code specifies how many parking spaces there must be. The code specifies what the setback must be. The code specifies the limits on height. if we take a legitimate proposal by someone who has control over ground and reject it, we then become responsible to the developer, for denial of the highest and best use of the property which he owns and for taking without compensation. He is very reluctant to put the City in this kind of liability. He thinks it is an acceptable proiect. Mr. Schoomer said that he thinks it was determined that this kind of development would come to pass the minute the Clayton City Council decided that they would no longer require commercial buildings to be limited to three stories with nice little Fredericksburg cupolas on the top. There has been a progressive march of greater density and higher buildings from our southern border. He thinks that this kind of possibility for profit is not going to be stopped by this one building. We set limits on what we would even consider for this location, before we would even hear any proposal, when requiring that they have control over the grounds in question. The requirements have been met. He does not think that the Council has any special grounds