Agenda - Council - 09/13/2000 - Laserfiche WebLink

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-186- Planning Commissioners also raised questions which required legal expertise. The Planning Commission continued the public hearing to July 10, 2000 and requested the City Attorney be present to address any legal issues. The Planning Commission reconvened the public hearing at their regular meeting on July 10, 2000, and the City Attorney was present at the meeting. In response to a legal 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-1 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 in 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 motion 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. On August 22, 2000, the City Council directed City Staff to amend the Findings of Fact presented by the Planning Commission to support denial of the request for rezoning. Recommendation: City Staff recommends adoption of the findings of fact and denial of the rezoning application. Council Action: F3'~'7 ~N~ Motion to adopt Resolution #00-09;.~LX adopting Findings of Fact relating to a request from Reilley Estates Partnership to rezone certain property from R-1 Rural Residential to R-1 Urban Residential. -and- Motion to approve/deny the request from Reilley Estates to rezone certain property in Section 24 from R-1 Rural Residential,to R~ Urban Residential based on the findings of fact as adopted in Council Resolution #00-09-~~x...- Review Checklist: City Attorney Community Development Director CC: 09/13/00 I I I ! I I I ! I I I I I I I I I I I