City Council Minutes 2007 03 20 - Laserfiche WebLink

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City Council Meeting Minutes March 20, 2007 Page 5 of 13 The Planning Commission conducted a public hearing on Ordinance No. 1513, Series 2007 and forwarded a recommendation of support to the City Council by a vote of 6-1. The Commission deliberations were not directed as to their support of the ordinance, but whether or not the review by City Council should be optional at the discretion of the applicant. Mayor Sisk opened the public hE~aring and requested public comment. There were no comments. COUNCIL COMMENT Council member Marsella noted Council's action is to either approve or deny applications. She asked what would be the ramifications if the approval is not binding and an application is approved. City Attorney clarified a preliminary approval allows the application to go forward with a final application however there are no vested rights until final approval. Mayor Pro Tem Brown asked if Gall up is precluded on matters not delineated in the statutes. Planning Director Wood stated the new process redirects the preliminaries to Council if the criteria are met. City Attorney Light stated, with nespect to preliminary plats, the ordinance removes the current section of the code stating that a subdivider could request or City Council could call up a preliminary plat. It is replaced with the new system by which certain type of preliminary plats will automatically go to City Council. Mayor Pro Tern Brown inquired as to the reason for the current discretionary Council call up process. Planning Director Wood stated an applicant may appeal the action of a preliminary plat if the City Coundl were to incorporate any conditions of approval the applicant disagreed with, or disalpproval of the preliminary plat could be appealed to City Council. City Attorney Light noted, with rE~spect to the call up provision, since the City became a Home Rule City, it is not required to observe the statutory provision that a right to appeal be provided in every case. Mayor Pro Tern Brown asked if Staff has looked at how other communities handle this issue, or if the general development community was involved in the amendment of the ordinance. Planning Director Wood stated there were no public meetings on this issue. Council member Sackett asked if this ordinance would make the overall process easier or cumbersome. Planning Direc:tor Wood stated over 80% of the current applications would not be affected. He noted the CTC development in Louisville is already platted and would not be affected. However, in-fill residential development would be affected. He stressed only a minority of the applications would be required to go through the process.