City Council Minutes 2016 01 19 - Laserfiche WebLink

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City Council Meeting Minutes January 19, 2016 Page 13 of 25 stressed the importance of being fair, equitable and consistent. He did not believe the Council has finished its planning for potential growth. He noted there is citizen concern for the added stress on City services as new population is added. He did not believe the Council has discussed the broad principles and policy issues associated with this request. Council member Keany stated he understood Mayor Pro Tem Lipton's concern. He asked the City Attomey whether the City is creating precedence on the Council's decision making in looking at this project and whether Council is following the City's Code. City Attorney Light explained this is a timing question. A rezoning is evaluated in Tight of the objectives, purposes and provisions of the Comprehensive Plan. If the small area plan is not adopted, it is not a part of the Comprehensive Plan. There are legal methods to close the time gap, but they are not available at this time. Action on one application does not have any bearing on another application being adjudicated under its own process, based on the law in effect at the time. If Council desires to make future decisions after the additional Comprehensive Plan is completed there must be a mechanism to close the time gap. Council member Keany addressed the quasi - judicial process before the Council. He asked whether the Council was required to approve or disapprove the application this evening. City Attorney Light stated it is a matter of judgment and criteria for rezoning under common law and in the Louisville Municipal Code. It is an evaluation of judgment of a broad criteria relating to the question of whether the request is consistent with the policies and goals of the City's Comprehensive Plan. With respect to rezoning, Council must consider whether the rezoning change is in the public interest. Another criterion is whether the rezoning would be to provide land for a community use. Mayor Pro Tem Lipton asked if there was a criteria related to a community benefit. City Attorney Light explained it is by referencing the desires of the community expressed in the Comprehensive Plan. Mayor Pro Tem Lipton voiced his concern for a consistent process. He expressed his frustrations the small area plans have not been adopted. He was concerned the development would begin before the small area plan is complete and there will not be any guidelines. He noted if the small area plans are not adopted, the Council will not be able to use those tools in their decision making. Council member Loo stated she also struggled with this development, but after listening to the public input, she was convinced this is a great project. She liked the design and the quality of the development. She felt if the development is not approved today, the land may lay vacant. With respect to the school issue, she did not feel this would add students to local schools. She did not agree with the full movement entrance on Paschal Drive and stated the signage needs improvement. She stated she was pleasantly surprised with the positive fiscal analysis. She noted many Louisville seniors are looking for this type of housing.