Agenda - Council - 08/22/2000 - Laserfiche WebLink

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-254- Commission continued the public hearing to July 10, 2000 and requested the City A~bmey be present to address any legal issues. The Planning Commission reconvened the public heating at their regular meeting on July 10, 2000, and the City Attorney was present at the meeting. In response to a Iegal question raised, Mr. Goodrich responded that the current comprehensive plan shows the subject property in the MUSA and State statutes require cities to be in conformance with their comprehensive plans. Unless there are substantive, negative findings, the City should rezone the property to R.-I Urban Residential. The request was presented to the City Council on July 25, 2000. Councilmember Anderson was not present and at her request, the case was tabled until August 8 in order that she might participate [n the discussion and action. On August 8, the City. Council discussed the fact that this development proposal was the subject of a recent lawsuit which has been appealed by developer. Council passed a morion to delay the decision on the request for rezoning until their regular meeting on August 22. The purpose of the delay is to provide the City Council an opportunity to meet with the legal counsel representing the City in this legal matter. Recommendation: The Planning Commission has recommended adoption of the f'mdings of fact and approvzd of the rezoning. Council Action: Motion to adopt Findings of Fact #__ relating to a request from Reilley Estates Partnership to rezone certain property from R.-I Rural Residential to R-1 Urban Residential. Motion to introduce Ordinance # rezoning certain property in Section 24 from R-1 Rural Residential to R-t Urban Residential. -or- Motion to deny the request to rezone certain property in Section 24 from R~I Rural Residential to R-I Urban Residential, based on the Findings of Fact. Reviewed by: Copies to: City Administrator City Attorney Community DeveIopment Assistant Community Development Intern CC: 08/22/00