01-31-80 Council Special Minutes

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MINUTES City Council (Cont'd.) January 31, 1930 Councilman Fahey asked whether the proposed 7.oning Ordinance gave the Council the authority to designate an area as a PtJD if it so wished. The Planner stated that the Ordinance did give the Council authority to rezone any property it wished. Fahey stated that the City's present Ordinance is more clear in providing the Council this rezoning power. Fahey stated that this proposed Ordinance should have a more detailed procedure set out for initiating a rezoning. The Planner stated that section 921.020 on page 63 set out who can request a rezoning. The Planner stated that the whole procedures section sets out the procedures to follow to rezone a property. A rezoning requires four votes of tVie Council to pass. However, the proposed Ordinance does not provide that 50% of the neighbors of a property can request the property be rezoned as provided for in the City's present ordinance. Councilman Fahey questions whether section 921.020 was adequate to ensure that someone who doesn't own a property cannot request that that property be rezoned. The Attorney stated that this Ordinance as presently worded would have to be inter{>reted for someone who would read the Ordinance to find out what 'the City's rezoning procedures are. Fahey suggested that 921.020 be cross-referenced with section 9'l_1.010. Fahey also suggested that a new paragraph be added under 921.010 PROCEDURE saying that the word amendment as used herein includes applications or requests for rezoning. Fahey suggested also that the word "rezoning" be added sornewhere in the 921. title. Fahey suggested the title could read "921. ADf~iINISTRATION - AMENDf~tEtdTS (IiJCLUDING RE7.ONINGS) AND CONDITIOiJAL USE PERf4ITS. It was also suggested that under Section 9'L1.020 the last phrase "so as to affect the said real estate" be changed to read "so as to affect his own real estate". Fahey questioned whether the City wants citizens to have the right to amend t'nis ordinance as provided for in Section 921.020. The Attorney stated that citizens would have this right anyway. Councilwoman Scalze stated that under section 923.040 on page 75 the Ordinance requires an application conference for the processing of a PUD with the Zoning Administrator. Since the City presently does not have a 'Zoning Administrator, Council discussed possibly providing that this application conference be held viith the City Clerk as the City Clerk would be able to inform the applicant fora PUD what is required by the Ordinance for this application. Page -5-