11/09/1999 Minutes - Laserfiche WebLink

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required to present it to the Boards and Commissions and for the Commissions to look for adverse impacts. That is a second opportunity for citizens to have input as to whether or not the proposal will have an adverse impact on their live . So for the gentleman to say that the citizens are losing leverage is wrong. Maybe he, as a city lawyer, looks at it a little differently because he is on the inside looking out rather from the outside looking in, but that is the process. The first thing is to determine that this is a use that the city wants. It hasn't been voted on yet, but the process has begun. Ultimately your elected officials are going to make a determination as to whether or not they want this as a permitted use on that property and that is the first step. He doesn't know how the city could avoid taking a position on this. If the City Government believes it is a good use, then it may rezone the property. Step two is to look at the actual development proposal and look at the specifics on this property as to how it may impact the residents and what the city should require the developer to do, if anythina, to ameliorate those impacts. That is the way the process has to work. The unidentified audience member remarked that if the city can't see how they are losing leverage by moving forward then maybe someone else can. He doesn't know what the answer is but from the outside looking in it is not clear and it looks like the city is rushing into something that is going to take our impact and leverage away. Mr. Dubelko indicated that, on the "rushing" aspect referenced by the Gentleman, once Council recommends an ordinance, the Planning Commission is only allowed a certain number of days to act upon it. So whether it seams like it is being rushed or not, the Planning Commission has to follow the law and act within 30 days or request additional time from Council. Part of the so-called rush thus is being dictated by the process itself being begun, and these ordinances being sent to Planning Commission for review. An unidentified audience member questioned what his property value would be once the park and ride was put into place. Mr. Dubelko indicated that neither the Commission the nor he could answer that, as they were not experts on property values. The audience member suggested that RTA indicated that they had never did a study on whether or not a park and ride decreased the value of homes next to it. So how can the city vote on a proposal when they don't know what the impact of the park and ride will be. Mr. Dubelko commented that, as he stated earlier, once a property is rezoned to a District permitting a certain use down because of adverse impact. What must be done by the Commission is make recommendation to ameliorate adverse impact. Everyone would like to have land that would remain vacant for ever and ever and never be developed which could be a good selling point, but you have to keep in mind that the city cannot keep an owner from developing his or her own land consistent with present zoning. An unidentified audience member remarked that he was offended by the Law Departments comments, as the residents have never suggested that they expect the land to stay vacant forever. He doesn't know what the answer is but feels it is time to do some creative thinking and management before this proposal goes forward. A woman from the audience indicated that residents wanted RTA to add mounds have a brick wall and landscaping which will be very expensive for RTA. Will RTA be able to afford to add what the residents are asking for, once the rezoning is done, or will RTA be able to just say we can't afford to do what the residents are asking for. If it is rezoned for RTA can it be rezoned back too residential: Mr. Dubelko again reiterated that an overlay district is permanent and could be used for other government uses or single family use. At this point in the meeting audience members and board members were talking at the same time and the conversation was unable to be transcribed. Ms. Feke plans to be back before the boards and commissions at least 3 to 4 more times if she has to, just because the zoning is done doesn't mean that the deal is done. She doesn't have a sutvey of the land yet so a 12.