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Council considers resolution allowing reapplication with site plan to limit apartments at Dunbar Cave and Rossview
Summary
Council discussed a resolution that would let an applicant reapply for a zone change at Dunbar Cave Road and Rossview Road by submitting a POD (site plan) that, the sponsor said, would prevent apartment development unless expressly included in the POD; legal counsel said the zoning code (section 11.11) provides a path for reapplication with a three-fourths vote requirement.
Council members debated a resolution to allow an applicant to reapply for a zone change affecting property at the intersection of Dunbar Cave Road and Rossview Road. Councilman Streetman, the sponsor, said the applicant plans to reapply using a POD — a site-specific plan showing exact layouts — which would prevent apartments from being added unless they are included in that POD.
"They're going to reapply with a pod, which will lay out specifically how it's going to be built. It would enable them to not have apartments unless they put that in the pod," Streetman said, adding the applicant will contact council members to confirm their intent.
Councilman Chandler raised a procedural objection, asking whether an item previously denied can be brought back and whether the mover must have been on the "prevailing side" of the original vote. "My question is, can it first of all, correct me if I'm wrong, but to bring back something that this body has turned down, the person bringing it back has to have been on the prevailing side," Chandler said.
Legal counsel (Mister Bittner) responded that the city's zoning code includes a specific provision—section 11.11, described in the meeting as "amendments affecting the same parcel of land"—that provides a route for certain reapplications. He said that pathway differs from the Roberts Rules motion to reconsider and that the zoning-code route would require a three-fourths majority of members present.
Councilman McLaughlin sought to distinguish the timing rules for a motion to reconsider under Robert's Rules, noting that such a motion typically must be made during the same meeting. Members and counsel agreed the Roberts Rules reconsideration is same-meeting, while the zoning-code provision is a separate statutory pathway.
Streetman emphasized that the POD approach was offered to address council members' earlier concerns about the potential for apartments. "This is a pod where they're going to have to have plans and everything drawn out showing us exactly what it is they plan on doing, and they won't be able to deviate from it," he said, adding there is a small allowable deviation he described as "about 10%."
The resolution under discussion would allow the applicant to reapply; it does not automatically approve any rezoning to C-2. The transcript does not record a final vote or formal outcome for the resolution. The sponsor said the POD would return to the council for approval when submitted.
Next steps: the applicant is expected to file the POD and contact council members; any formal rezoning would come back to the council for review and action.
