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! Fr <br /> ?Ds Planning and Zoning Committee Members <br /> FROM: Peter Buesseler <br /> RE: Rezoning of the property at 6805 - 20th Avenue South <br /> To facilitate the analysis of this rezoning matter, it <br /> may be helpful to examine the issue from two different <br /> perspectives: <br /> Case 1. Assume that the initial decision to <br /> rezone this property was sound and just... Are <br /> there any new conditions or circumstances that <br /> would justify the city in rezoning the property <br /> from industrial to commercial? <br /> Case 2. Evaluate whether the initial rezoning <br /> was sound and just... Were the rezoning proceedures <br /> followed correctly? Were the proper criteria used <br /> to justify the decision? Should other considerations <br /> and approaches been used to address this issue? <br /> Before answering any of these questions specifically, it <br /> is relevant to briefly review a city's authority for <br /> zoning. Zoning ordinances are one of the tools used <br /> to implement the general objectives of it's comprehensive <br /> plan. Cities have the authority to zone for the purpose <br /> of promoting the public health, safety, morals, and <br /> general welfare. Zoning is generally unlawful when it <br /> is primarily designed to benefit a particular property <br /> owner and is not clearly beneficial to the city as a <br /> whole. This is "spot zoning ". <br /> Analysis <br /> Case 1. The only new condition since the initial rezoning <br /> is that Sunrise Plastics is not going to occupy the building <br /> as scheduled. If the property has a greater benefit to <br /> the general welfare of the city as industrial than commercial, <br /> then that benefit is not derived exclusively from Sunrise <br /> Plastics. Any industrial user would satisfy that purpose. <br /> The fact that a particular company is not occupying the <br /> property does not seem to be sufficient grounds to justify <br /> a rezoning. <br /> Case 2. There seem to be several points on which adjacent <br /> property owners affected by the initial rezoning from <br /> commercial to industrial, could contest that decision. <br /> - A petition to rezone, initiated by city residents, <br /> must have the signatures of 50% of the property <br /> owners affected by the rezoning and 50% of those <br /> property owners within 350 feet of the proposed <br /> change. There are at least 5 property owners <br /> within 350 feet of the rezoned parcel. Gordon <br /> Rehbein submitted the application to rezone without <br /> the signatures of any of the additional property <br /> owners. <br /> L__ <br />