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CC_Minutes_2011_0110
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2/18/2011 12:25:26 PM
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Roseville City Council
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Council Minutes
Meeting Date
1/10/2011
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-4)24/k C L <br /> R <br /> REQUEST FOR BOARD OF ADJUSTMENTS AND APPEALS ACTION <br /> As Amended 4:00 p.m., 1/07/11 (see Requested Council Action) <br /> Date: January 10,2011 <br /> Board of Adjustments and Appeals Item: A <br /> Department Approval City Manager Approval <br /> j"Zdipappie <br /> Item Description: Receive Appeal from Woods Edge Homeowners Association and Old Highway 8 <br /> Neighborhood residents regarding property rejection of petition requesting a <br /> comprehensive plan amendment to the land use guidance for 3253 and 3261 Old <br /> Highway 8; and referring the appeal to the Planning Commission <br /> 1 BACKGROUND <br /> 2 On November 16,2010, a petition was submitted to the Community Development Department <br /> 3 requesting that the City Council"...amend the Roseville Comprehensive Plan to recommend"medium <br /> 4 density development with future Zoning to be of a density no greater than R-6 for 3253 and 3261 Old <br /> s Highway 8". On December 8, 2010,the Community Development Director forwarded Ms. Rita Mix, <br /> 6 petitioners' representative a memo from the City Attorney that stated that the petition should be <br /> rejected on procedural grounds since neither state statutes nor city code allowed for abutting property <br /> 8 owners to initiate a Comprehensive Plan Amendment. However, staff did include the petition as part of <br /> 9 the case material for the December 13, 2010 City Council meeting where adoption of a new zoning map <br /> 10 was being considered. <br /> 11 On December 20, 2010,the City Manager received an appeal to the administrative decision to reject the <br /> 12 petition. The basis for the appeal regarding the decision to deny the appeal is as follows: <br /> 13 1) The Petition was submitted to the Community Development Director on November 16, 2010. It <br /> 14 contains signatures of 50 of the 73 property owners(69%) surrounding/abutting the parcels <br /> 15 scheduled to be rezoned. <br /> 16 2) The City Attorney in a letter to the Director recommends that the Petition be"declined"stating <br /> 17 that only the Planning Commission or Council can initiate a change in the Comprehensive Plan. <br /> 18 However the Planning Commission did initiate the very same change named in the Petition on <br /> 19 October 6, 2010. <br /> 20 3) The City Ordinance 1016.O1C that allows petitions by abutting property owners in matters of <br /> 21 zoning was intended to protect citizen stakeholder rights to influence zoning or development <br /> 22 that directly affects their property. The City has initiated this change in zoning,making it <br /> 23 dependent on and subsequent to the Comprehensive Plan. Thus by disallowing the Petition on <br /> 24 the basis that abutting property owners have no standing to petition a change in the <br /> 25 Comprehensive Plan,the abutting property owners are being denied the ability to exercise the <br /> Page 1 of 2 <br />
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