09/14/1999 Minutes - Laserfiche WebLink

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.- ? single family clusters, review the proposal and make a report to council, that is their job. Our zoning code is something that you as residents and voters have elected. You as residents and voters have elected people on council that have passed zoning codes which this body has to implement, it is their job to make a report to recommend to council whether or not the proposal should be approved, disapproved, or modified in some fashion. Then it goes on to council and council votes to accept, reject, or modify the development proposal. If council votes to approve the development proposal, then council shall rezone it, in accordance with the applicable provisions of the code on notice. Mr. Dubelko indicated that his reading on this is that there has only been a couple of cluster proposals that have come before the board as Councilman McKay pointed out earlier. When the proposal gets to the stage of rezoning then the chapter o#' the code dealing with rezoning requires wider notice to be given and in that provision which is a section of our charter it requires all property owners within 1,000 feet be given notice of the rezoning. Therefore on a development proposal it is a limited notice to property owners that abut, which does include property owners across right of ways (public streets) and a rezoning proposal which would be later if this proposal found favor with council down the road, then notice is 1,000feet. The Clerk of Commissions job is to follow any laws Council has passed with respect to notice and she has done that as far as he knows. An unidentified audience member indicated that, that was not far and some of the people just found out Sunday niaht and if they were not told the Bowers could have gotten away with anything. Nfi-. Dubelko indicated that tus advice to the clerk is to follow the laws and if the laws provide for everybody to get notice then everybody gets notice, but if the laws provide for a limited number to get notice then that is her job. These are laws that are passed by council and if the residents think the notices are insufficient the laws can be changed to give more notice. The unidentified audience member questioned if there should be a bigger time span for the residents to get their notice. 1V1r. Dubelko indicated that any law that is passed could be amended to change anything on notice that is reasonable and furthers the interest of the code. Mr. Hikmatchedid commented that his name was on the list of people to be notified yet the letter was sent to an address that he has never lived at in his life, the only address he has lived at here is the one on Louis Drive. He indicated that his understanding of rezoning or not is that it is done only if it benefits the community or the residents on the street. He doesn't see what benefit this proposal brings to Louis Drive. An audience member questioned who owned the property between his land and 480, and how far does that land extend before it hits Bowers property. Mr. Tallon indicated that the question was irrelevant and the board was going to move on. He indicated that someone had asked what the procedures were and Mr. Dubelko gave a good synopsis of the rezoning issues regarding the rezoning, it is ultimately up to City Council. The Planning Commission is going to make a recommendation at this time and it will be based on mainly the IVlaster Plan that took about 2years to develop at great expense and thought and input to develop it. The 1Vlaster Plan took into consideration what the City looks like and what they would like the City to look like. It is a plan that the City uses to gage their developments by. This land is class A residential and the developers have asked to put in cluster homes and there is nothing wrong with cluster homes. There is 5 acres of develop-able land, there is no hardship on the owner to not develop the land as it is currently zoned. NOTE; DUE TO A TECffivICAL ERROR THE REMAIlNDER OF THE NIINU'I'ES FOR THIS PROPOSAL ARE W12ITTEN FROM THE CLERKS NOTES. Currently this proposal 19