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Item No. 13 <br />Memorandum <br />TO: Mayor & City Council <br />Grayson Path, City Manager <br />SUBJECT: Rebecca Haralson (Morningside Jennison Estate Lot) Rezone from SF -2 <br />(Single Family) to Office <br />WSMAW" <br />At its last meeting held on April 12, 2021 the Council took no action on the above request and <br />thereby continuing the public hearing on the rezoning. This was due to a number of concerns <br />expressed by surrounding residents and other factors. The item has been placed back on the agenda <br />given the need to take action on the request without the requirement to re -publish notice oft e <br />continued hearing. <br />Status of Issue <br />Additionally, during the public comment section of the meeting, some Council direction was <br />provided to staff in terms of reviewing the Zoning Ordinance matrix of permitted, special and <br />prohibited uses in the Office District. Given this direction, staff believes further review is warranted <br />by the Planning Commission with regard to the ordinance district provisions. Since the two subjects <br />are 'indirectly linked' as related subjects, the suggested course of action is to have the Council <br />remove the subject zoning change from the table and refer both matters back to the Planning <br />Commission. Although the Planning Commission has already conducted their hearing on the <br />application and provided a recommendation of approval, it is fully within the purview of the <br />Council to refer the matter back given the related subject of the district regulations and given the <br />fact that no public testimony was offered to the Commission during their hearing on the zoning <br />change. If the item is referred from the Planning Commission back to Council, whether or not they <br />decide to conduct a new hearing, new hearing notices can be sent out and a final decision can be <br />made by the Council at a later point in time, unless the application is withdrawn. <br />Recommendation <br />It is recommended that Council remove this item from the table and refer it back tote Planning <br />Commission. <br />