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Council raises new Nov. issue

By Sarah Foster

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Published: Friday, August 24, 2007

Updated: Sunday, February 14, 2010

The city of Oxford has placed an initiative on the November's election ballot that could change the current restriction on apartments and businesses located in the uptown area.

Known as the "three dwelling unit restriction," the current charter reads that structures containing more than three dwelling, or residential, units as defined by the Oxford Housing Code are prohibited within the historic Mile Square.

The Mile Square encompasses a square area between Chestnut Street, Sycamore Street, Patterson Avenue, and Locust Street.

The Charter Review committee began meeting in May 2007 to address the charter, and the amendment, if passed, would modify the current charter-allowing uptown businesses and property owners to split their property into more than three spaces.

The proposed amendment will only affect the uptown business district, which is a rectangular parameter, located between Walnut and Church streets.

Alan Kyger, city council member and supporter of the initiative, said he believes this amendment would benefit the uptown district in two ways.

Kyger explained it would promote rebuilding older, run-down property and allow larger commercial space to survive in the uptown business district. With more flexibility in dividing space, property owners could design the best floor plans for the demand.

"This amendment would let the commercial space be created for what the demand is," Kyger said.

Kyger said he believes if this amendment is passed, there would be more of an incentive for both commercial and residential business to come into the area than what the charter currently allows.

"This amendment will benefit property owners because they can build and rebuild at their own discretion," Kyger said. "Community members and students will see that uptown buildings could get a facelift."

According to Oxford Vice Mayor Prue Dana, the Oxford zoning code currently states that residential buildings in the uptown district may not contain dwelling units on the ground level. Dana said dwelling units in any building within the uptown district can only exist on the second floor and above. For example, apartments could not be built in the former ground-level location of Hemptations on High Street. This portion of the code was established to preserve businesses in the uptown area. If the Oxford Charter is amended to remove the "three dwelling unit" restriction, residential buildings on the ground level would remain forbidden, according to Dana.

Critics of the amendment fear that this will allow too many apartments housed in one building and contribute to problems with overcrowding, density and parking, according to Kyger.

Kyger said council requested a new planning committee to be formed to determine what is reasonable in the matters of density and divisions of property.

"We are starting to plan to be ready for an issue that violates density," Kyger said.

He said further that the whole idea behind the initiative is to use commercial space adequately in the uptown district. The planning commission came up with an idea called "Floor Area Ratio."

According to Kyger, this term will be a way to control density so that there is an "adequate" amount of commercial space on the first floor and a "reasonable" amount upstairs.

Miami University junior Nick Schulte is in favor of the initiative.

"I think it would be a good idea because it could bring in a variety of businesses uptown instead of the typical sub shops," Schulte said. "It seems like the uptown is getting stale, so it would be nice to see something different come in, like Panera."

Schulte added that if the initiative passes, he would be more likely to live uptown because he believes there would be a downward pressure on the price of rent for housing uptown.

The dwelling unit restriction came about in the late 1970s when students began to heavily move off-campus and settle into apartments. Citizens voted in 1979 to put this limitation on residences in the Mile Square.

With empty uptown locations, such as where Wendy's and Pedros were located, Kyger said council members felt something needed to be done to make use of the empty space.

Kyger believes the charter amendment would put these locations to better use.

The preservation of buildings is moderated by the historical property and architecture committee, which controls appropriate building and renovation of every building in the uptown district, Kyger said.

Kyger and planning chairman Paul Brady will be speaking to all groups who want to hear more on the issue Sept. 6 and Sept. 20 at the Oxford Courthouse.

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