07/23/2001 Council Minutes - Laserfiche WebLink

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• • • COUNCIL MINUTES JULY 23, 2001 Rezoning: Staff has been working toward eliminating the practice of attaching conditions of approval to a rezoning. Recall the process: the second reading of the ordinance occurs, the rezoning ordinance is published, then the rezoning becomes effective after 30 days. Once the ordinance is effective, the property is rezoned. It is impossible to enforce any conditions of approval after that. Conditions attached to a rezoning mean that the conditions must be fulfilled before the City can actually rezone the property. That is, before the City approves the second reading, or before the ordinance is published, the conditions should already be fulfilled. It is staff's view that if there are unresolved issues for a rezoning, the rezoning should not be approved. In the case of the School District rezoning, the City has no outstanding issues with the rezoning itself. Therefore, the rezoning should proceed. Minor Subdivision: As to a minor subdivision, attaching conditions means that there are things that must be done before the City signs off on the subdivision. In the case e School District subdivision, the City wants the utility easements added to the sure � so th=e, are recorded with the property. The City also wants the lot combined with the existin c �l pr•erty so it is all one parcel. These two (2) things apply to the subdivision itself: ff of a piece of property from a larger piece, and the recording of it. The other conditions refer to the site plan review, co se permit, wetland impacts, and vacation of the road. All these things can and shsed as part of the typical site plan and CUP review. A site plan and CUP review are n ess .efore a school is built anyway. There is no need to hold up the lot split to wait for the � _� o •. submitted. Current Situations: As it stands no including wetland review and roa and before the rezoning can go split, rezoning, and land tran normal zoning ordinance y 9 approval actions, the site plan and CUP, uld have to be completed before the lot split occurs Staff does not believe it is necessary to hold up the lot A e plan review and CUP review is necessary under the Staff is recommending app al • f the second reading of the rezoning ordinance without any conditions attached. Staff is also recommending that the City Council agree to reconsider the resolution that was adopted on July 9. This will required a vote of the Council to reconsider it. Then, staff is recommending that the City Council adopt the revised Resolution No. 01— 93, with only two (2) conditions of approval. Council Member Carlson asked if the City is making a change in procedure and if the conditions were part of the Planning and Zoning Board approval. City Planner Smyser advised the conditions were not part of the rezoning approval by the Planning and Zoning Board. They were included at the July 9 City Council Meeting, but staff felt they could be addressed at the second reading. 13