Planning Commission approves development

By Kyle Hayden, Design Editor

A Planned Unit Development (PUD) at 5990 Contreras Rd. in Oxford was approved unanimously by Oxford's Planning Commission Tuesday. The recommendation goes to City Council for further hearing.

The owner, Peter McCarthy, a member of Planning Commission, would like to have the right to put in a professional office and subdivide the upper floor of the existing building into apartments.

The 130-year-old home has been on the market for several years, but has not sold. The house, built in 1896, is nearly 5,000 square feet in size. The approval of the PUD by Planning Commission comes after several attempts by McCarthy to change the zoning on his property. In 2010, McCarthy applied to rezone his property to "RO", an office/residential district. It was approved by the Planning Commission but rejected by City Council.

A PUD here would allow a professional office on the ground floor of the building. A "professional office" here could mean the place of business of an architect, doctor or dentist. The upper floor of the existing building would be subdivided into apartments.

Planning Commission members were excited about the proposal, citing the city's Comprehensive Plan. The members and staff believe this PUD could become a good example of using an historic home for mixed-use development, something the Comprehensive Plan encourages. Imagine Uptown Oxford: housing above, commercial on the ground floor.

This development would also require McCarthy to build additional parking on the property, 11-14 spaces according to the application documents.

This proposal, favored by Planning Commission, was met with resistance.

Oxford resident Kathleen Zien and former Assistant City Manager Stuart Meck said the size of the property disqualifies it from becoming a PUD.

According to the Butler Country Auditor's records, the property is 40,000 square feet - almost one acre. An acre is 43,560 square feet.

A survey performed by Bayer-Becker, a planning and civil engineering firm in Oxford, indicates the property is 43,564 square feet - four square feet over one acre. Bayer-Becker's survey was included in the application documents.

"I want to know whose number is correct," said Meck, who is now a professor of planning at Rutgers University.

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Zien, at the meeting Tuesday night, brought visual examples of four square feet. Zien's models were squares of poster board taped together.

"Choose your four square feet," Zien said, gesturing at the models she placed on the floor.

Zien said the survey was done with the intent to "desperately try to come up with" the required amount of square footage for a PUD.

Commission members and staff dismissed the issue irrespective of the actual size of the property because of the potential to waive the size requirement, Zien said.

Meck is worried this approval will cause numerous cases of spot zoning to appear at a time when the commission is already overworked by the increasing intensity of applications. Meck is also concerned that others might try to exploit what is perceived as a loophole in the zoning code. Meck inquired into the "ethical consequences" of the Director of Community Development Jung-Han Chen, making a positive recommendation to the planning commission, when McCarthy is also a member of Planning Commission.

"The recommendation should have been made by a consultant." Meck said.

David Prytherch, chair of the Planning Commission, was annoyed by this proposal because it's the third time this property has applied for land use changes in five years.

However, Planning Commission inserted several conditions of approval that would prevent a high concentration of unrelated persons - in other words: students - to live in the apartments, assumedly to discourage noise and nuisance to the surrounding neighborhood.

"We have a shortage of housing for young professionals and small families, which is what I hope these apartments will be used for," Kate Rousmaniere said.

Rousmaniere is vice mayor and the City Council representative on the Planning Commission.

"The size of this home makes it unattractive for single-family dwelling," Chen said in his staff report.

"[This house] is an anomaly in the area," Chen said. "It gives the property a 'mini-homestead' feeling."

Because the application was for a PUD, any deviations from the preliminary plan, produced by architect Scott Webb, will have to be approved by Planning Commission. This is to prevent a future property owner from buying the property, tearing the home down and building a structure that would be filled to the tenant maximum, Webb said. Webb and McCarthy hope this will ensure the preservation of the historic building.