Loading...
HomeMy WebLinkAboutOrdinance 622 FLUM/Morrison PropertyORDINANCE NUMBER 622 WAS ON THE AGENDA FOR THE 8/26/96 MEETING AND WAS POSTPONED, AT APPLICANT' S REQUEST, UNTIL THE 9/9/96 MEETING THE MINUTES FOR 9/9/96 DO NOT DIRECTLY REFER TO ORDINANCE 621, BUT THE WORDING IS SIMILAR. IN THE 9/9/96 MEETING, THE APPLICATION WAS DENIED TO CHANGE TO "LEFFLER" FUTRE LAND USE DESIGNATION FROM "COMMERCIAL" TO "LOWER DENSITY RESIDENTIAL" 199 95-96-24 Pa 8 Community Development Division C-l. Requests the Commission to deny the application of Do ld Mcintosh & Associates, Inc., representing William H. Morrison, Trustee, for a change oft e Future Land Use designation of property located on SR 434 from "Commercial" to "Lower De sity Residential" in the alternative, to change the designation from "Commercial" to "Mixed Use" an to approve the first reading of an ordinance changing the Future Land Use designation from "Co ercial" to "Mixed Use". C-2. Request the Commission hold the first of two Public Development Agreement governing the development of the Mom mmi i n from" mmer ial" "Mix "n he F r Mayor Bush closed the Regular Meeting and opened the Publ Hearing for Items C-I and C-2. Mayor Bush asked if there was anyone present who wished to s eak on these items. There was no one present who wished to speak on the items. Mayor Bu h closed the Public Hearing and reconvened the Regular Meeting. Mr. McIntosh gave his presentation. Mr. McIntosh stated that the pplication is for a five acre parcel of property adjacent to the previous application. The application s made in the spirit of reaching an agreement with the City in harmony with it's policies, goals and ob ctives; specifically to enable both commercial and residential development to take place in a harmo . ous fashion. The application has been made favoring residential because of the hardship associated d the improbability of developing this property as commercial in it's entirety by virtue ofall the ac s ofD.O.T. Motion was made by Commissioner Ferring to deny the ap lication of Donald McIntosh & Associates representing William H. Morrison, Trustee, for change of the Future Land Use designation of property located on S.R. 434 from "Commerc' 'to "lower Density Residential" in the alternative, to change the designation from "Com ercial" to "Mixed Use" and to approve the fint reading of an ordinance changing the Fu ure Land Use designation from "Commercial" to "Mixed Use" and to read the Ordinan e by title only. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Lang otti: aye; Commissioner Ferring; aye; Commissioner Conniff: aye; Commissioner McLeod: aye; C . ssioner Gennell: aye. Motion passes. Attorney Kruppenbacher read Ord. 627 by title only. Mr. McIntosh stated they respectfully request that the Commisso n approve the compromise along with the Development Agreement that will follow. Motion was made by Commissioner Ferring to hold the fint two Public Hearings to review and approve a Development Agreement governing the develo ent of the Morrison property. if redesignated by the Commission from "Commercial" to" ixed Use" on the Future Land Use Map. Seconded by Commissioner ConnitT. Discussion. ote: Commissioner Gennell: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissi ner McLeod: aye; Commissioner Langellotti: aye. Motion passes. Mayor Bush called for a recess at 8:50 p.m. Mayor Bush recon ened the meeting at 9:00 p.m. Re2ular Meetio2 City Commission AU2ust 26, 1996 "5-96-24 Pa2e 8 can't vote on this. Commissioner McLeod said a cap put on the ass ~ssments during development. Commissioner Ferring said until it's turned over to the homeo\\ 1crs, that's 75% occupancy. Commissioner Genne1l said to Commissioner Ferring that if it eases his mind any that's about the last thing a developer would ever do, it to jack those rates up; usually hi~torica1ly they go in super low, artificially low because they want to sell those properti.'s and the last fling they're going to consider is to jack them up. Commissioner Ferring said ifthat',; thc last thing t'ley're going to consider there should be no reason why they don't put it in there, and said that he's h is multiple covenants that will show that there are caps in there to protect the incoming homeowners l ntil they themselves take over the development. Attorney Kruppenbacher said he just want's to share with Commissioner Ferring that he has questions whether he legally wants to impn'" :t but he willteU him that he will artificially mislead the homeowners because what will happen is they will have an cxcuse why they never reaUy charged what they should have and when they bail out 1hc homeowrers suddenly realize they have to jack their homeowner assessments up, they are going to rightfully look and say they would have raised it but for the City, ifl was you I'd like that, }"n off the hool at that point candidly, I say I couldn't charge you what you should have been pay:"';, I had to pi k it up. Vote: Commissioner Conniff: aye; Commissioner Ferring: nay; Commission. 'angellotti: ar'; Commissioner GenneU: aye; Commissioner McLeod: aye. Motion passes. Mr. LeBlanc recapped the motion 1) verifY the lot <:;~s are 15,000 square feet; 2) address the 50' easement on both the plat and covenants. Attorney Y ., 'l'penbacher nid 3) revise the documents to provide that that settlement agreement is controIlinl' Community Development DivisioJ. B. Request Commission considc; ation of proposed f~. ~:t reading 0" Ordinance 62\ to change the Future Land Use Map designation of a certain' ''Td known\S the Leffler property from "commercial" to "lower density If:sidential" (1.1 to <; DU per ac!} PURPOSE to hold a first reading at a Public Hearing of a ploposed ordinanc' change thc resignation of the Future Land Use Map in the City's Comprehei,sive Plan ofa Cel 1 parcel knov'n as the Leffler property from Commercial to lower Density Residential. (pER THE ,I'UCANT'S REQUEST THIS ITEM HAS BEEN POSTPONED UNTIL TIlE SEPTEMBER ( '996 MEETIJG). Community Development Division C. Request Commission consideration ofpropose,;t reading oi' 622 to change the Future Land Use Map designat:m of a certain pared known as the Morrison property from "Commercial" to "Lower Density) lesidential" (1. It, '. <; DU per a IC). PURPOSE to hold a first reading at a Public Hearing of a f" oposed ordinance' ellange the ~esignation of the Future Land Use Map in the City's Comprehen,:: ve Plan of a cert~l; tleel known' s the Morrison property from Commercial to Lower Density lZ'~sidential (PER / UCANT'S',EQUEST THIS ITEM HAS BEEN POSTPONED UNTIL Tl :! \ SEPTEMBER ()()6 MEET . ,G). City Manger D. Request Commission consideration of approval 0 a lease of City property located ::t the Sewer Plan: 1st Reading (.f Ordinance 623 providing for ,t; on State Rod 434 adjacent to the Winter