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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.