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City Council Minutes May 21, 2001 Page 14 6.10. 2. THE REZONING WILL NOT CREATE ADVERSE IMPACTS TO ADJACENT USES. THE REZONING TO PUD WILL ALLOW FLEXIBILITY OF DESIGN AND HOUSING TYPES TO BETTER MEET THE NEEDS OF THE RESIDENTS. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION FAILED 3-2. Mayor Klinzing and Councilmember Tveite opposed. (A 4/5 majority is required on a rezoning.) MAYOR KLINZING MOVED TO DENY THE WEST OAKS PRELIMINARY PLAT AND THE CONDITIONAL USE PERMIT REQUEST BY S & Z liN-VESTMENTS. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Klinzing stated that she couldn't support this project because it was not consistent with the zoning in the Comprehensive Plan and the rezoning would not be consistent with the adjacent properties. She commented that the PUD offered no flexibility in design and housing and there was no appropriate buffer to this townhome development. Councilmember Tveite stated that the Comprehensive Plan should be followed in this case and rezoning to PUD would not be appropriate as the property is not unique and the proposed project is not unique. Request by Heritage Landing Development for Land Use Plan Amendment to Place Property in the Urban Service District, Public Hearing- Case No. LU 01-04 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that the applicant is requesting to add property back into the Urban Service District. Mayor Klinzing opened the public hearing. Denny Chuba, Partner Heritage Development - Stated that he would like this property to be brought back into the Urban Service District and is willing to comply with the conditions. Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE LAND USE MAP AMENDMENT TO BRING THE PROPERTY LOCATED ON THE SOUTH SIDE OF HIGHWAY 10, WEST OF WACO STREET, BACK INTO THE URBAN SERVICE DISTRICT WITH THE FOLLOWING CONDITIONS: