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At-a-glance: council defers rezoning, buffer variance and development agreement
Summary
The council voted to defer three linked items—rezoning ordinance 23-044, buffer variance 24-046 and development agreement 24-052—after the city attorney advised that a prior advertisement error split related items across meetings and could create legal exposure.
At the Sept. 5 meeting the council considered motions related to a Merrill Trust rezoning and buffer-variance requests. After lengthy public comment and counsel from the city attorney, the council adopted a motion to defer three interrelated items—rezoning ordinance 23-044, buffer variance 24-046 and development agreement 24-052—so they can be considered together at the next meeting.
The city attorney said the buffer variance had been inadvertently separated in prior notices and recommended joint consideration to protect the city from procedural challenge; council members agreed deferral would reduce legal risk and allow additional public notice. Staff will re-notice and return the items as a combined package at a later meeting.
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