03/10/1975 Meeting - Laserfiche WebLink

Home Browse Search

e e e there should be some expedition in that decision making during the month of March even if it meant a special meeting. Mr. Murray countered that it would be an awkward situation which hypothetically could occur if action was promised on the zone change and at the same time action on the study required amendment to the General Plan which LCOG might not accept. Assistant Manager said nothing was being promised so far as Commission action was concerned. Referral to the Commission would simply be to ask for a recommendation under changed circumstances within a reasonable time frame. In response to further questioning from Councilman Murray, Assistant Manager said if it was determined the General Plan needed revision, the earliest it could be referred to LCOG would be June or July. It would be a Commis- sion decision whether to act on the zone change request or withhold action pending Plan amendment. Mr. Murray could see nothing accomplished in that case, and Mr.Thorp felt it would be continuing the moratorium "by another name." He repeated his con- tention that a decision on the application had been continued beyond a reasonable length of time and that there was an obligation to give the applicant an answer, one way or the other. Also, that the decision should be made on the existing evidence. To say the L&B report would have a bearing was speculation. He said the Council was mandated by state law to zone in accordance with the city's comprehensive plan. Further delay would only result in more legal and practical snarls than now exist. Councilman Bradley thought appropriate action would be referral to the Planning Com- mission even though it might mean further delay for the applicant, there having been a change in circumstances. Having to deal with the issue under both established ordinances and the law requiring quasi-judicial procedure, he said, would require public hearing where all the facts could be presented on which to base a decision. Also, he thought the L&B report would be relevant, so the process should start over again. Councilman Williams recognized the problems in making a decision but he felt a deci- sion should be made. When Mr. Murray countered that he failed to see the urgency after the unusual delay to this time, Mr. Williams said when the study was ordered the moratorium on zoning in that area was to last a year. It has now continued substantially longer than that period of time, he said, and he felt an obligation to give an answer. Further discussion between Councilman Bradley and staff brought out that this was the only zone change application for that area pending at this time, no others were anticipated. The only other matter pending was an annexation request (Doerksen) farther north of the subject property. The property covered by this application (77 acres) was about 20% of the total Goodpasture Island area. Councilman Bradley suggested that a meeting between the Council and the Planning Com- mission might be appropriate to determine the procedure. Rules were re-established. Mr. Keller moved seconded by Mr. Williams that the zone change request (County AGT to C-2 PD on the Smith, Brown & Howell property) be removed from the table. Motion carried unanimously. Corom 2/26/75 Approve Further discussion centered on when the Council would take formal action with Mr.Keller saying he would be absent from the March 10 meeting. However, he recognized that a decision on any issue should not be delayed because some Council members might be absent. Assistant Manager advised that existing evidence would include much more than minutes of the Council meeting at which the issue was tabled. The entire record including planning staff notes and minutes would be presented to the Council. Councilman Williams had to leave the meeting but said he would favor reopening the hearing before either the Planning Commission or the Council, but he would not want to make a decision on the previous record alone. Mr. Keller moved seconded by Mr,. Hamel to reconsider the zone change request based on the existing record. I Z J 3/10/75 - 17