5. SR 04-10-1995 - Laserfiche WebLink

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can show that the standards for issuance of a conditional use permit have been met. Several years ago, in response to City Council concerns about the fact that Elk Park Center needed only conditional use permit approval, I recommended to the Council chat we "put the plan back into planned unit development zoning." In other words, that the City require developers to proceae their conditional use permit for a specific plan concurrently with rezoning a property to the PUD district. The legal reason for making this recommendation was to preserve for the .City Council all of its zoning tools in acting upon PUD~s. This way the City Council can make a ~.3~s~a i decision on the appropriateness of a proposed PUD, a decision which will be easier to sustain (whether the decision is to approve or deny) if the matter ends up before the courts. It continues to be my advice that the City is in the better legal position if it rezones land into the PUD zoning district contemporaneously with the approval of a specific PUD plan, and it continues to be my recommendation that this be the way the City processes PUDS. I understand that this imposes a burden on the potential developer or owner of land proposed to be zoned PUD, However, the owner/developer has an alternative: rezoning to a standard zoning district. 2f the property is so unique that rezoning to a standard zoning district is inappropriate, perhaps it is property which should have a plan before being zoned PUD. In addition, in my experience, it is not unusual for a developer to submit detailed plans before having his property zoned PUD. • The ultimate decision on this issue fe for the Council. As the City~s attorney, my advice is ae set forth above, because this will put the City in the beat legal position. However, I am well aware that the Council has more than legal issues to consider in making these types of determinations. I am sure the entire City staff, myself included, will be able .to work with whatever proceae the Council directs.. At the moment I am not scheduled to be at the Council meeting Monday night. If any of you would like me to be there for this issue I will come. In the meantime, please feel free to call me at home over the weekend (929=8877). if you have questions.