Item 04: Rezoning 21.31 Acres at West Centerpoint Road & Flint Ridge Road from "FD" to "MF-24"

[COSM_Admin]

Consider approval of Ordinance 2021-87, on the second of two readings, amending the Official Zoning Map of the City in Case No. ZC-21-18 by rezoning approximately 21.31 acres of land located at the northwest corner of the West Centerpoint Road and Flint Ridge Road intersection from “FD” Future Development District to “MF-24” Multi-Family Residential District, or subject to consent of the owner, another less intense subject to consent of the owner, another less intense zoning district classification; including procedural provisions; and providing an effective date.

 

[JHughson]

Under fiscal note is this, last sentence: "Moreover, any sort of action which includes a nexus to site plan approval was not desirable considering that the development’s site plan has yet to achieve City staff approval."

Is this still the case? Seems to be left unresolved in the text.

 

[JHughson]

Should I pull this from consent for consideration AFTER the development agreement is addressed in #18? I, as my vote, don't want to approve it until and unless the development agreement is approved. Legally, which should come first?

 

[COSM_Admin]

Response provided by Amanda Hernandez, Assistant Director of Planning:
Under fiscal note is this, last sentence: "Moreover, any sort of action which includes a nexus to site plan approval was not desirable considering that the development’s site plan has yet to achieve City staff approval."

Is this still the case? Seems to be left unresolved in the text. Fiscal Note: is blank. This statement is in “Prior Council Action” and was intended to summarize the initial Council meeting on this item. To address the concern, staff worded the development agreement in a way which allows the site plan to come into more conformance with Code, if necessary, while maintaining the desired height limitations.

Should I pull this from consent for consideration AFTER the development agreement is addressed in #18? I, as my vote, don't want to approve it until and unless the development agreement is approved. Legally, which should come first? This is a question for Legal, but yes, from Planning’s perspective – if Council does not want the zoning without the DA approval zoning should be pulled an considered after the Public Hearing portion of the meeting.

Response provided by Michael Cosentino, City Attorney:
I agree with Planning’s perspective. I don’t know of any legal requirement that governs the sequence of approval of the two agenda items, but it may make sense to have the council vote first on the development agreement and then on the zoning as Mayor Hughson has suggested.