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13 - Zoning Change Request for 800 Block of SE 38th Street - Morning Estates Block P Lot 3 LCAD 13441Item No. 13 Memorandum TO: Mayor & City Council Grayson Path, City Manager SUBJECT: Rebecca Haralson (Morningside Jennison Estate Lot) Rezone from SF -2 (Single Family) to Office WSMAW" At its last meeting held on April 12, 2021 the Council took no action on the above request and thereby continuing the public hearing on the rezoning. This was due to a number of concerns expressed by surrounding residents and other factors. The item has been placed back on the agenda given the need to take action on the request without the requirement to re -publish notice oft e continued hearing. Status of Issue Additionally, during the public comment section of the meeting, some Council direction was provided to staff in terms of reviewing the Zoning Ordinance matrix of permitted, special and prohibited uses in the Office District. Given this direction, staff believes further review is warranted by the Planning Commission with regard to the ordinance district provisions. Since the two subjects are 'indirectly linked' as related subjects, the suggested course of action is to have the Council remove the subject zoning change from the table and refer both matters back to the Planning Commission. Although the Planning Commission has already conducted their hearing on the application and provided a recommendation of approval, it is fully within the purview of the Council to refer the matter back given the related subject of the district regulations and given the fact that no public testimony was offered to the Commission during their hearing on the zoning change. If the item is referred from the Planning Commission back to Council, whether or not they decide to conduct a new hearing, new hearing notices can be sent out and a final decision can be made by the Council at a later point in time, unless the application is withdrawn. Recommendation It is recommended that Council remove this item from the table and refer it back tote Planning Commission.