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Owner seeks PD amendment at 3000 W. Barton to recognize multifamily use built as condos but operated as apartments
Summary
Staff recommended approving an amendment to PD140 at 3000 West Barton Road to add multifamily as an allowed use and to align development standards with existing construction after the property has operated as rental apartments since about 2020.
A staff presentation described a PD amendment and concept plan for the property at 3000 West Barton Road. The site was developed under PD140 with condominiums envisioned (condo high‑rise use), but staff reported the development has been operating as rental multifamily apartments since construction completed around February 2020.
The applicant requests amending PD140 to explicitly add multifamily as an allowable use and to adjust development standards to match what is already built. Staff said the amendment would not increase the number of dwelling units allowed; rather, it would bring the property into compliance with the current operation. As presented, staff recommended approval.
Commissioners asked what would happen if the amendment were not approved. Staff said the owner could continue operating as a nonconforming use at their risk or pursue conversions to meet existing zoning standards. A commissioner asked whether fines apply; staff said the immediate goal is to bring the property into compliance rather than pursue legal enforcement. No action occurred at the briefing; the item will be scheduled for the public hearing.
