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the City Attorney in regards to including a statement that a rezoning will go back to its original <br />zoning if the development does not proceed as approved, but he indicated that the Council can <br />not include the language. The City Attorney explained that the Council always has the authority <br />to change the zoning back, but would have to go through the entire rezoning process. <br /> <br />Mayor Gamec inquired if the Council approves a rezoning and then the developer chooses not to <br />develop the property, would the Council have to hold a public hearing to change the zoning <br />backs. <br /> <br />Community Development Director FrOlik replied yes. She explained that if the Council has <br />taken final action to rezone a property and final action to approve the site plan to revert back to <br />its original zoning they would have to go through the entire rezoning process. <br /> <br />Councilmember Kurak inquired as to how it would apply with a Planned Unit Development. <br /> <br />Community Development Director Frolik explained that in the Planned Unit Development <br />language it states that if the development is not initiated in one year the Council has the authority <br />to reinstate the previous zoning. <br /> <br />Councilmember Zimmerman inquired if the plat or the rezoning is approved first. <br /> <br />Community Development Director Frolik replied that typically staff brings them all forward at <br />the same time. <br /> <br />Councilmember Hendriksen stated that the problem comes when a developer makes a rezoning <br />request contingent upon a particular development and then they receive their desired zoning and <br />then the developer chooses to do something different. He thought that there should' be some way <br />to protect the City from that happening. <br /> <br />Community Development Director Frolik explained that the development agreement references <br />the plan they are presenting for approval and.if the.development is. nor done according to that <br />plan that they have to go through the entire approval process' again. <br /> <br />Councilmember Hendriksen replied that the problem is the developer would already have the <br />zoning that they wanted at that point. If the plan the developer presents is something less than <br />the worst case scenario and it is based on the plan that they change the Zoning, once the zoning is <br />changed the developer then has the right to do the worst case scenario under that zoning. <br /> <br />Community Development Director Frolik replied that the other use would require the Council <br />review of the plan. <br /> <br />Councilmember Hendriksen agreed, but noted that the Council cannot deny a use that is <br />permitted. <br /> <br />City Council/May 6, 2002 <br />Page 2 of 18 <br /> <br /> <br />