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<br />REQUa FOR CITY COUNCIL AGENDA 11M <br /> <br />Agenda Date Requested: <br /> <br />November 11. 1996 <br /> <br />Requested By: <br /> <br />Guv Rankin CPiAv <br /> <br />Department: <br /> <br />Planning <br /> <br />Report <br /> <br />Resolution <br /> <br />x <br /> <br />Ordinance <br /> <br />Exhibits: <br /> <br />1. Ordinance 1501- <br />2. Area Map <br /> <br />SU'MiOI'ARY 1-'RECoiViiviltN'bA iioN <br /> <br />Summary <br /> <br />The Planning & Zoning Commission, during its October 17, 1996, meeting, held a <br />public hearing to receive citizen comment regarding Rezone Request #R96-005. The <br />request, submitted by the owner's agent, James H. Robertson, seeks to rezone Trs. <br />17B, 17D, & 17E, Crescent View. The property in question is further described as <br />being located at 2803 Old Hwy. 146 (S. Broadway). The applicant seeks to have the <br />property rezoned from High Density Residential (R-3) to General Commercial (GC) for <br />use as a tavern. The Commission voted to recommend to Council, denial of the <br />request. <br /> <br />City Council may vote to amend the Zoning Ordinance or uphold the Planning and <br />Zoning Commission's recommendation. The Planning and Zoning Commission, by <br />unanimous vote, has recommended denial of Rezone Request #R96-005. Section 11- <br />507 (8) of the Zoning Ordinance states that "The affirmative vote of at least three- <br />fourths (3/4) of the City Council is required to overrule a recommendation of the City <br />Planning and Zoning Commission that a proposed change to the Ordinance or <br />boundary be denied." Therefore, to approve the Rezone Request, 3/4 of the City <br />Council, or seven (7) votes is required. <br /> <br />In acting upon a zone change request, the Planning and Zoning Commission and in <br />turn, City Council, are charged to consider the following factors: <br /> <br />. Was the current zoning designation reasonable? <br /> <br />. Was any error made in the assignment of the current zoning? <br /> <br />. Is the requested designation compatible with the intent and goals of the <br />City's Comprehensive Plan? <br /> <br />It is the burden of the applicant to demonstrate whether any of these criteria have <br />been satisfied. <br /> <br />If Council approves this request, a legal description of the area to be rezoned will be <br />provided by the applicant. <br />