2022.11.07 CC Packet - Laserfiche WebLink

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Hugo Estates Apartments and Manufactured Home Community Expansion Page 3 5. ANALYSIS: A. Level of City Discretion in Decision-Making The City has discretion in approving or denying a comprehensive plan amendment on whether or not the proposed project has impacts on regional systems including transportation, wastewater and regional parks. The City has a higher level of discretion with a comprehensive plan because the burden of proof is on the applicant to show that they meet the standards. The City has discretion in approving or denying rezoning applications, based on whether or not the proposed project meets the standards outlined in the Comprehensive Plan and Zoning Ordinance requirements. If the City finds that all the applicable standards are met, the rezoning application must be approved. However, if the City finds that any of the applicable standards are not met, the application may be denied. The City’s discretion in approving or denying a site plan is limited to whether or not the proposed project complies with the Comprehensive Plan and Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. The City’s discretion in approving or denying a conditional use permit is limited to whether or not the proposed application meets the standards outlined in the City’s Comprehensive Land Use Regulations. If it meets these standards, the City must approve the conditional use permit. The City’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. The City has limited discretion in approving or denying a subdivision application. The City’s discretion is limited to whether or not the proposed subdivision meets the standards outlined in the Comprehensive Land Use Regulations. If it meets these standards, the City must approve the subdivision. B. Consistency with Ordinance Standards The applications comply with the ordinance standards as follows: Comprehensive Plan Amendment The applicant is requesting a comprehensive plan amendment to change the land use from Medium Density Residential (MD) and Industrial (IND) to High Density Residential (HD). In review of the request, staff used the following criteria: 1. Evidence submitted by the applicant demonstrating the reason(s) that the plan should be changed, including but not limited to whether new information has become available since the Comprehensive Plan was adopted that supports re-examination of