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Rezoning: Staff has been working toward eliminating the practice of attaching <br /> conditions of approval to a rezoning. Recall the process: the second reading of the <br /> ordinance occurs,the rezoning ordinance is published, then the rezoning becomes <br /> effective after 30 days. Once the ordinance is effective,the property is rezoned. It is <br /> impossible to enforce any conditions of approval after that. <br /> Conditions attached to a rezoning mean that the conditions must be fulfilled before the <br /> City can actually rezone the property. That is,before the City approves the second <br /> reading, or before the ordinance is published,the conditions should already be fulfilled. <br /> It is staff s view that if there are unresolved issues for a rezoning,the rezoning should not <br /> be approved. <br /> In the case of the School District rezoning,the City has no outstanding issues with the <br /> rezoning itself. Therefore,the rezoning should proceed. <br /> Minor Subdivision: As to a minor subdivision, attaching conditions means that there <br /> are things that must be done before the City signs off on the subdivision. In the case of <br /> the School District subdivision,the City wants the utility easements added to the survey <br /> so they are recorded with the property. The City also wants the lot combined with the <br /> existing school property so it is all one parcel. These two things apply to the subdivision <br /> itself. the breaking off of a piece of property from a larger piece, and the recording of it. <br /> The other conditions refer to the site plan review, conditional use permit, wetland <br /> impacts, and vacation of the road. All these things can and should be addressed as part of <br /> the typical site plan and CUP review. A site plan and CUP review are necessary before a <br /> school is built anyway. There is no need to hold up the lot split to wait for the site plan to <br /> be submitted. <br /> Current Situation: As it stands now after the July 9 approval actions,the site plan and <br /> CUP, including wetland review and road vacation,would have to be completed before <br /> the lot split occurs and before the rezoning can go into effect. Staff does not believe it is <br /> necessary to hold up the lot split,rezoning, and land transaction. A site plan review and <br /> CUP review is necessary under the normal zoning ordinance requirements. <br /> Staff is recommending approval of the second reading of the rezoning ordinance without <br /> any conditions attached. <br /> We also are recommending that the City Council agree to reconsider the resolution that <br /> was adopted on July 9. This will require a vote of the Council to reconsider it. <br /> Then,we are recommending that the City Council adopt the revised Resolution 01-93 <br /> (attached),which has only two conditions of approval. <br />