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can show that the standards for issuance of a conditional use • <br /> permit have been met. <br /> Several years ago, in response to City Council concerns about the <br /> fact that Elk Park Center needed only conditional use permit <br /> approval, I recommended to the Council that we "put the plan back <br /> into planned unit development zoning. " In other words, that the <br /> City require developers to process their conditional use permit <br /> for a specific plan concurrently with rezoning a property to the <br /> PUD district . The legal reason for making this recommendation <br /> was to preserve for the City Council all of its zoning tools in <br /> acting upon PUD' s . This way the City Council can make a <br /> itai.glative decision on the appropriateness of a proposed PUD, a <br /> decision which will be easier to sustain (whether the decision is <br /> to approve or deny) if the matter ends up before the courts . <br /> It continues to be my advice that the City is in the better legal <br /> position if it rezones land into the PUD zoning district <br /> contemporaneously with the approval of a specific PUD plan, and <br /> it continues to be my recommendation that this be the way the <br /> City processes PUDs . I understand that this imposes a burden on <br /> the potential developer or owner of land proposed to be zoned <br /> PUD. However, the owner/developer has an alternative: rezoning <br /> to a standard zoning district. If the property is so unique that <br /> rezoning to a standard zoning district is inappropriate, perhaps <br /> it is property which should have a plan before being zoned PUD. • <br /> In addition, in my experience, it is not unusual for a developer <br /> to submit detailed plans before having his property zoned PUD. <br /> The ultimate decision on this issue is for the Council . As the <br /> City' s attorney, my advice is as set forth above, because this <br /> will put the City in the best legal position. However, i am well <br /> aware that the Council has more than legal issues to consider in <br /> making these types of determinations . I am sure the entire City <br /> staff, myself included, will be able to work with whatever <br /> process the Council directs . <br /> At the moment I am not scheduled to be at the Council meeting <br /> Monday night . If any of you would like me to be there for this <br /> issue I will come. In the meantime, please feel free to call me <br /> at home over the weekend (929-8877) if you have questions . <br /> • <br />