10/25/1976 Meeting - Laserfiche WebLink

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not tied directly to this zone change request, it was proposed as a contribu- tion toward development of a neighborhood park area as well as being an asset to the front part of the proposed bakery expansion. Finally, he said, site - review procedures would control any concerns about actual development of the property. Council Bill No. 1277 - Rezoning to C-2 SR (site review on Tax Lots 6300, 6400, 6500, and 8200 only) the area north of 15th Avenue between Moss Street and Villard Street was read by council bill number and title only, there being no Council member present re- questing that it be read in full. Mr. Keller moved second by Mr. Haws that findings supporting the rezoning as set out in Planning Commission staff notes and minutes of October 5, 1976 be adopted by reference thereto; that the bill be read the second time by council bill number only, with unanimous consent of the Council; and that enactment be considered at this time. Councilman Bradley questioned whether action on this zone change should be simultaneous with action on the code amendment which would allow bakeries in C-2 districts now recommended by the Planning Commission but not yet acted upon by the Council. He wondered whether it was appropriate to make this quasi-judicial decision, allowing a nonconforming use to expand, prior to the legislative decision which would allow the nonconforming use itself. Mayor Anderson thought the issue under discussion would have to be decided on the basis of the existing code. To delay because of the impending considera- tion of a code amendment, he said, would in some ways violate the rights of the proponents. e Stan Long, assistant city attorney, cautioned Council members that during this deliberation stage they could consult with and ask questions of staff people, but if any new material was involved, the applicant would have to be permitted to respond. He verified the Mayor's understanding that this zone change request would have to be considered on its merit in a different kind of hearing when it comes to the Council. Councilman Bradley then asked if approval of this zone change would be expand- ing a nonconforming use. He wondered what the situation would be should this rezoning be approved and the code amendment rejected when it gets to the Council for consideration. Mr. Saul responded that the subject issue was a zone change request to be considered on its own merits; the proposed use would not be nonconforming, it would be a permitted use under the zone pro- posed. Mayor Anderson cautioned again about "getting on the fine line of introducing new material." He felt the discussion might be getting into the area of having to reopen the hearing to give the proponents an opportunity to discuss the legislative element to be considered at a later time. Councilman Haws noted the public need was considered to be the expansion of the Bakery, there would be no public need if the legislation wasn't changed. Mr. Saul said that although the issue could be approached from that viewpoint, it would leave unresolved the basic question of appropriate zoning for these parcels, considering the University ownership and the existing commercial zon- ing on Franklin. He acknowledged the residential uses now there, saying it would be a matter of judgment whether that would dictate rezoning other prop- e erties to residential use. The Planning Commission and staff, he said, take the position that present residential uses in the area do not dictate resi- dential zoning in this instance. 5/8 10/25/76 - 13