Council signals approval to treat zoning error as 'mistake' for Lorich Tract rezoning request
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Summary
After hearing a recap from planning staff, the council indicated it would find a 'mistake' in prior zoning for ZM202502 (Lorich Tract) and directed staff to draft a decision and, if approved, an ordinance to amend the zoning map; staff said the contract purchaser has already advanced engineering work.
Planning staff recapped ZM202502, a rezoning request covering roughly 93 acres split between Neighborhood Mixed Use (NMU) and General Commercial (CG) districts. The applicant seeks to rezone part of the CG area to NMU and argued the application demonstrates a 'mistake in the current zoning' rather than a change in neighborhood character.
Planner Steve Bachmelik summarized the property, the two-zone configuration and the applicant’s reliance on a 'mistake' argument. Council members debated the appropriate legal test for piecemeal rezoning, expressed concern about creating mistaken public expectations if development fails to proceed, and questioned the proposed condition that the rezoning only take effect after the property transfers from the current owner to the contract purchaser.
Staff noted the contract purchaser has submitted a conditional sketch plan and is investing in engineering and development planning; staff said a timing condition helps protect both buyer and seller. After discussion, the council indicated it would determine that a mistake had been made and asked staff to prepare a decision/order using that terminology and, if appropriate, prepare introduction and adoption language for a zoning map amendment.
Council did not record a formal roll-call vote in the transcript excerpt but instructed staff to prepare the necessary documents and return with an order and ordinance.
