HomeMy WebLinkAboutFOSSIL CREEK ESTATES REZONING - 50 92E - CORRESPONDENCE - LEGAL COMMUNICATIONHPDesk Local Print for Kirsten WHETSTONE
Start of Item 34.
Message. Dated: 02114194 at 1709.
Subject: Conditional Zoning
Sender: Steve ROY / CFC/O1 Contents: 2.
CC: Kirsten WHETSTONE / CFC52/01
Part 1.
FROM: Steve ROY / CFC/Ol
TO: DISTRIBUTION
Part 2.
This is to follow up on Kirsten's message about conditional zoning. The Code
does permit Council to impose "reasonable conditions (upon the zoning of a
property) for the purpose of preserving and promoting the public health, safety
and welfare of the inhabitants of the city and the public generally, and to
...facilitate the orderly development of the city." (Section 29-45).
Thus, any conditions imposed upon the zoning of the Fossil Creek Estates
property would have to be "reasonable" and they would have to advance the
interests stated above. To pass the reasonableness test, we would have
to be able to show why a particular condition was necessary for this parcel
when it wasn't needed for the adjacent property (Phase I). While this might
be possible, it may be preferable to defer any conditions (other than the
PUD condition) to the Planning and Zoning Board to consider when reviewing
the fianl PUD plan for the property. If Council is dissatisfied with the
outome of that final PUD review, it has the power under the Code to
review the Board's decision, since the Council, "as represented by the
request of a single member," may appeal the Board's decision.
End of Item 34.
TO: Mayor and Council Members
FROM: Kirsten Whetstone, City Planner
THRU: Greg Byrne
Ron Phillips
RE: Fossil Creek Estates Rezoning
There was some previous discussion about placing special conditions
on property at the time of zoning. The most common condition
placed on property is a Planned Unit Development (PUD) condition.
There have been instances of land use restrictions and density
conditions placed on property at the time of zoning. Typically
these conditions have allowed a reduction in density below the 3
DU/acre required by the LDGS. Another example is a Master Plan
condition, meaning that the property must go through the Overall
Development Plan (ODP) process prior to submittal of PUD plans. In
one case a condition was placed on a property such that the
existing use (a drive-in theater) was to cease to exist as a legal
non -conforming use within a certain period of time.
These specific land use and density conditions were generally used
prior to adoption of the LDGS.
Planning Staff and the Planning and Zoning Board are not
recommending special conditions of approval on the Fossil Creek
Estates rezoning. The applicant has not requested a condition to
allow a reduction in density through the zoning process. An ODP is
automatically required through the PUD condition if the property is
not developed as a single preliminary PUD. In addition, -staff
believes that.the LDGS contains sufficient criteria concerning
wetlands, wildlife habitat, groundwater, erosion control,
neighborhood compatibility, etc. to adequately review and impose
mitigation measures for a proposed PUD on this property.
In the case of Fossil Creek Estates Rezoning, special conditions,
with the exception of the PUD condition, have not been discussed
with either the applicant or the surrounding neighborhood. Staff
suggests that proposed changes to the rezoning proposal be conveyed
to the neighborhood, the applicant, and other parties of interest,
for their input prior to a final decision.
If you have specific conditions in mind for this property or other
questions concerning the Board's recommendation, please do not
hesitate to.contact me.