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Planning board amends 5101 Congress Ave master plan; strips $1,500 beautification condition
Summary
The board voted 5-0 to amend a conditional employee service node master plan for 5101 Congress Avenue to remove a tract-specific bank-only restriction and to delete a $1,500 voluntary beautification payment from the resolution.
The Planning and Zoning Board unanimously approved on March 20 an amendment to the conditional employee service node master plan for the property at 5101 Congress Avenue to remove a restriction that had limited Tract D to a retail bank use.
Owen Devlin, senior planner, told the board the amendment would allow "any use authorized by the conditional employee service node master plan" on Tract D and that staff had determined parking requirements for the potential uses would continue to be met by the parcel. "Staff is recommending approval of this application," Devlin said, noting the applicant is not proposing physical changes to the property and the amendment does not increase intensity or density.
During the hearing the board also addressed a previously proposed "beautification contribution" condition. Devlin said staff had located a prior receipt for a $37,500 contribution from 1997 and, after further review, updated the amendment language to reduce what had been listed in the agenda package to $1,500. The applicant's representative, Ellie Zacharias, objected to paying an additional $1,500 on principle, saying the original payment should cover the master plan area and that she had "agita" over being charged again. Zacharias asked the board to remove the $1,500 condition.
Board members discussed whether the language in the condition — which combined the terms "shall remit" and "voluntary" — was appropriate. After discussion the maker and seconder moved to approve the master plan amendment with the $1,500 requirement removed. The motion passed 5-0 on roll call: Chair Seville — yes; Mr. Salon — yes; Mr. Dornblazer — yes; Miss McDermott — yes; Mr. Mitchell — yes.
A public commenter, Jonathan Ungein (6501 Congress Avenue), spoke in support of the amendment and urged similar flexibility for other bank parcels in the area. The amended resolution and updated staff clean copy provided at the dais reflect staff corrections and the board's instruction to strike the $1,500 provision.
