11-14-16 Zoning and Annexation - Laserfiche WebLink

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Committeemember Jo Broden stated, And that's from an administrative process that's handled with Area Plan staff and the developer and contractors. Ms. Smith responded, Right. The secondary process is completely administratively done. They submit to us and we send it off to agencies for review and then would ultimately proof it and send on to everybody. Committeemember Oliver Davis stated, Or send it back to us. Ms. Smith responded, Only if it was a major change. If it's a major change, they have to start all over again. They have to go all the way back to the beginning. That's a major change. Committeemember Jo Broden asked, And if it's not in the written PUD that's been submitted, or that's made it to the secondary process, is there a default to the underlying plan or the underlying zone, at all? Ms. Smith explained, If there's something that's not mentioned —so, for instance, if they submitted a PUD and they don't talk about signage. It goes back to whatever signage is in the underlying district. If they don't talk about architectural standards, it would go back to whatever the underlying zoning district is. I believe the way the ordinance states it, it's the first place in which that use would appear. Larry Magliozzi, Director of the Area Plan Commission, with offices on the 11th Floor of the County -City Building, continued the presentation. He stated, What I want to do ... is direct you to page two (2) and three (3) of the staff report. He stated that in it are listed four (4) criteria outlining State law that both the Plan Commission and the Council have to give reasonable regard to when they consider zoning matters. The first is a reasonable regard to the Comprehensive Plan. The East Bank Plan is an integral part of the Comprehensive Plan, or City Plan. There must be reasonable regard paid to the current conditions and character of the area/neighborhood. There must be reasonable regard paid to the most desirable use of that particular site. There must be reasonable regard paid to the conservational property values. Mr. Magliozzi stated that the Council could be presented all the details of the case, and they could look over all those details, but the City and East Bank Plans must be adhered to after all of that. One of the basic criteria is the height of the building. He explained that the East Bank Plan is still active, viable, and in- place. The East Bank Plan was done in 2008, after an extensive public process. There was a two (2) day charrette; there were ten (10) stakeholder groups that were brought in at the end of the charrette, fifteen concept creators. The process led to one (1) preferred alternative: the plan cost roughly $50,000, give or take, for phase one (1). The East Bank Plan was therefore well vetted. Four (4) years before the adoption of the East Bank Plan in 2004, the City passed its current zoning ordinance. The Central Business District was established at that time. The standards in the CBD are the same on the East and West Bank, except for the height. Mr. Magliozzi explained that there was a conscious decision in 2004 to establish a height different between the two (2) banks: one - hundred and fifty (15 0) on the West Bank; sixty (60) feet on the East Bank. Mr. Magliozzi stated, I just want to make sure that you understand the history of why we're at this point, and the connection to the criteria of State law. He stated that he wanted to take this time to step away from the details of the project and instead provide M