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121388 <br />TO: Mayor and City Council <br />FROM: Mark Bernhardson, City Administrato <br />DATS: December 13, 1988 <br />SUBJECT: Zoning Amendment - Planned Development <br />/( <br />TrAcvVMeur <br />Attachment; A. Comprehensive Plan Zoning Amendment Dated <br />November 22, 1988 <br />B. Planned Development/Traditionally Zoned <br />Subdivision Comparison <br />ISSUE <br />1. Presentation of issues and alternatives based on the November <br />28th discussion. <br />2. Request for Council policy direction in the areas discussed. <br />INTRODUCTION - At the Council’s November 28, 1988 meeting a <br />review of Attachment A was made with the Council tabling the <br />matter to a future meeting. Subsequent to that meeting <br />Attachment B was prepared to further illustrate the difference <br />between a standard rezoning/subdivision and the planned <br />development approach. <br />DISCUSSION - As noted in the comparison the planned development <br />approach on the Reber’s property gave an increased control with <br />standards for the subdivision substantially in excess of those of <br />a traditionally zoned subdivision. The movement from a planned <br />development as a conditional use permit to a rezoning not only <br />requires a 4/5*s majority vote to make effective but is a <br />legislative act to which the Courts give the City broader <br />discretion than a CUP when the applicant meets the "standards’*. <br />Standards can be included in the planned development ordinance in <br />the ways outlined in Attachment A. Any flexibility in these <br />standards is based on an improved "solution" requiring a 4/5th*s <br />vote to allow. Enforcement of a CUP/planned development is by <br />the terms of the developers/subdividers agreement. Enforcement <br />of a planned development as a rezoning can be by both a violation <br />of the zoning code and through the developer's agreement. <br />ALTERNATIVES - <br />1. Discuss and give staff direction on each of the points <br />outlined on Attachment A. <br />2. Discuss and table for further discussion. <br />3. Refer to Planning Commission. <br />4. Direct staff to amend the draft ordinance in line with the <br />Council's suggestions on the issues to be tabled for adoption at