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to revert back to previous zoning if a project does not go through or all the conditions are not <br />met. <br /> <br />Commissioner Johnson asked why they did not just make it a condition of the rezoning. He feels <br />an agreement to not contest may not be very easy to uphold. He stated if it was clear the zoning <br />was solid unless certain major conditions were not met, lenders would be okay with this. <br /> <br />Chairperson Nixt stated he does not think a landowner going from B1 to Mixed-Use would have <br />an issue, but this puts owners on notice. He asked how problematic it was for Commissioner <br />Johnson. <br /> <br />Commissioner Johnson indicated it was not problematic, he just does not think there is much <br />added value. <br /> <br />Chairperson Nixt asked if this would avoid a public hearing for reversing the zoning. <br /> <br />Priucipal Planner Trudgeon indicated it does not; the normal process would have to take place. <br />I-Ie believes this would be required by State law. He stated there is also a time limit on this, so if <br />the City decides a developer is not going through with a development as planned, they would <br />hold a public hearing and rezone it back. <br /> <br />Commissioner Johnson stated he likes the idea, he just does not have nmch faith it would be <br />uncontested. <br /> <br />Chairperson Nixt stated he likes the concept, but is surprised there is not a way to make it <br />automatic rather than having to go through the entire public hearing process to reverse the <br />zoning. <br /> <br />Commissioner Johnson asked if they were running all of the language past the City Attorney. <br /> <br />Principal Planner Trudgeon indicated they were. <br /> <br />Commissioner Johnson asked if someone violates the conditions of their CUP, what the remedy <br />would be. <br /> <br />Community Development Director Frolik indicated the first step is to notify the person, giving <br />them 30 days to act. <br /> <br />Commissioner Johnson indicated he would like to see a selection of remedies, such as first <br />notification, then send a tag and make it a petty misdemeanor, and finally revoking the CUP. <br /> <br />Principal Planner Trudgeon indicated revocation has to go through a public hearing process, <br />which usually gets their attention. <br /> <br />Planning Commission/April 3, 2003 <br /> Page 11 of 14 <br /> <br /> <br />