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<br />M <br /> <br />EMORANDUM <br /> <br />TO: City of Centerville, Planning & Zoning Committee <br />FROM: Kurt B. Glaser, City Attorney <br />DATE: November 13, 2006 <br />RE: Application for Lot Split for Lots 8 & 13, Block 7, Centerville. <br /> Owner, Erick Marshall <br /> <br /> <br /> <br /> Summary: <br /> The Applicants must provide addition information to the Committee before it can <br />consider approval the requested lot split. <br /> <br /> Issue: <br /> May the Committee approve a requested lot split in an M-2 District? <br /> <br /> Rule of Law: <br /> Applicable law is Centerville Code Section 154.090 and the “Master Plan and <br />Development Guideline for Downtown Centerville” adopted January 11, 2006. See specifically: <br /> <br />Section 154.090(B)(1), “Permitted uses” allows “[r]esidential uses with a density <br />between 12 and 30 units per acre.” <br /> <br />Section 154.090(C)(2), “Special requirements” grants the City “broad discretion” <br />to “protect the integrity of the M-2 District, adjacent M-1 District and surrounding <br />residential neighborhoods.” Moreover, the Section requires redevelopment in the <br />District to be accompanied by an application for a Planned Unit Development. <br /> <br /> Facts: <br /> On October 25, 2006, the City received a request from Erick Marshall to separate Lot 8 <br />from Lot 13 on Block 7. These lots are zoned for Mixed Use Neighborhood District (M-2). <br /> <br /> Analysis: <br /> The mission of the City, by and through its Planning and Zoning Committee, is to protect <br />the public good through the wise and judicious administration of land, and to encourage land use <br />and development for the benefit of private and public owners. The land under consideration is <br />subject to the Master Plan and Development Guideline for Downtown Centerville. The Citizenry, <br />through that Master Plan, encourages commercial and high-density residential development of <br />these parcels. Before the City is required to approve a lot split, the burden is on the land owner to <br />show that land will be used in a fashion permitted within a given District. <br /> <br /> The requested lot split does not give enough information to show that once split how the <br />parcels will conform to a use permitted in an M-2 District. Moreover, the application for this <br />redevelopment is not accompanied by an application for a Planned Unit Development. The size <br /> <br />