City Council Study Session Agenda and Packet 2010 01 26

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COUNCIL COMMUNICATION TO: MAYOR AND CITY COUNCIL FROM: MALCOLM FLEMING, CITY MANAGER DATE: JANUARY 26, 2010 SUBJECT: DISCUSSION – LOUISVILLE’S LAND ENTITLEMENT PROCESS ORIGINATING DEPARTMENT: PLANNING & BUILDING SAFETY SUMMARY: On November 12, 2009 ConocoPhillips submitted a comprehensive land use application package consisting of the following elements: 1. Petition for the annexation and initial zoning of an 80 acre parcel in the northeast quadrant of their campus. ConocoPhillips requests that initial zoning be designated Planned Community Zone District Commercial (PCZD-C). 2. Application for rezoning of 310 acres from City of Louisville Agriculture and Industrial zoning to PCZD-C. 3. Preliminary Subdivision Plat for 390 acres. 4. Preliminary PUD development plan for 390 acres. The City Council’s consideration of the rezoning application is a “quasi-judicial” matter; an action that affects the property interests of an individual property owner (in contrast, “legislative” matters are those that affect broad categories or classes of land owners or other groups. The Council’s determination on quasi-judicial matters must be based on the facts and testimony presented in a public hearing. Consequently, Council may not discuss the particulars of quasi-judicial matters outside the public hearing. Accordingly, the intent of this communication is to provide an overview of the land use review process generally, not ConocoPhillips’ proposal. The attached flow chart represents how the various elements of an application are processed as part of the development review process. When possible, staff processes multiple elements of a development application concurrently, such as addressing a rezoning as well as reviewing both a preliminary plat and preliminary PUD development plan for the entire parcel at the same time. This can help provide a complete context for the entire development proposal. Annexation and Initial Zoning The annexation process starts when the City receives a petition for a voluntary annexation of an unincorporated parcel of land. The initial zoning for the property is generally established as part of the annexation process. During an annexation process the role of the Planning Commission is to review the proposed zoning and make a determination if it is consistent withthe City’s Comprehensive plan. The Planning Commission’s recommendation on the matter is forwarded to the City Council. A notice is then published to inform interested parties that the City Council will conduct a public hearing on both an annexation and a zoning ordinance. SUBJECT AGENDA ITEM II LOUISVILLE’S LAND ENTITLEMENT PROCESS î