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HomeMy WebLinkAbout1993 07 28 Planning and Zoning Board Regular Minutes ,-..., Planning & Zoning Board Minutes Wednesday, July 28,1993 Board Members: David Hopkins, Chairman, Present Grace Anne Glavin, Vice-Chairman, Absent David McLeod, Present Thomas Brown, Present John Ferring, Present City Official(s): Greg Kern, City Planner The meeting was called to order at 7:30 P.M. Public Hearing was opened at 7:35 P.M. by Hopkins. Public HearinS! and Determination of Vested RiS!bts for ParcellS of Tuscawilla PUD ~ Kern presented the reason for the vested rights special use permit request for ParcellS, the contract purchaser, Mr. Rob Yeager, here tonight, wants a "stand alone" vested rights permit. Upon discussion with the City's land use attorney, Keith Bricklemyer, Kern explained that under the original permit VR 93-01 that was issued on June 2, 1993, if one of the property owners of the other parcels violated the terms of the vested rights permit, then the permit would be void for all the parcels named in the permit. Kern stated that in the second letter dated July 8th, from Bricklemyer, there are two options: . option one is to amend the ordinance to clarify this issue, this is being investigated. . option two is to request vested rights special use permit by an individual property owner~ as long as the property owner can meet the requirements, he should be issued the permit. Kern explained that all the components of this package ( findings of fact, conclusion of law) for vested rights for ParcellS are the same that were presented with VR93-0l on June 2, 1993 with the exception of the description of property. ,"'-"" Ferring question Kern on the use of the word "implementing" in the section called Order # 2 on page 3 and 4. Kern noted that the land development regulations are implementing the policies of the Comprehensive Plan. Ferring asked Kern to check the usage of the word "implementing". Ferring also questioned why the detail was not required on #10 of the application. Kern explained that it is not required on presumptive vested rights. This part of the application is more applicable for common law vested rights. Ferring asked why Attorney Bricklemyer was not present tonight. Kern answered that Bricklemyer was not requested to be here tonight. F erring stated that he was confused by the two letters from Bricklemyer that was provided in the package. Kern explained that according to r-- Planning & Zoning Board Minutes Wednesday, July 28,1993 Page 2 Bricklemyer, each parcel owner could request vested rights for their parcel as the ordinance now stands. Hopkins asked Kern if his understanding is correct that the individual property owner seeking vested rights would protect himself from any other property owner under the original vested rights permit who might violate the agreement. Kern agreed and explained that this situation of multiple parcels was not foreseen at the time the original ordinance was formulated. McLeod asked if this individual violates the agreement would he void the permit for all the parcels. Kern answered yes, he could affect the same thing he is trying to prevent. McLeod questioned if this permit could be modified to stipulate that this parcel is removed from VR 93-01. McLeod questioned Mike Jones, Mr. Yeager's attorney, regarding this proposal. Discussion ensued regarding the option to the individual property owner. McLeod recommended having a recess so that Kern could attempt to contact Bricklemyer. Recess was called at 7:55 P.M. so that Kern could try to reach Attorney Bricklemyer. Public Hearing reconvened at 8: 12 P.M. I""" Kern informed the Board of his conversion with Attorney Kruppenbacher. Kruppenbacher told Kern it was advisable to divest ParcellS from the original permit, VR 93-01 and add in the Order section #6 ,with assistance from the City Attorney, language to state the following: divest ParcellS from the earlier issuance of vested rights on June 2, 1993. Ferring stated that he too spoke with Attorney Kruppenbacher regarding this issue and Ferring expressed his concerns with the complexities and made a motion to table this issue for further clarification. Hopkins asked if there was anyone present from the public that would like to make a comment regarding this issue. No one answered and Hopkins closed the public hearing at 8:12 P.M. Attorney Jones told the Board that Kruppenbacher stated to him that the new permit would supersede the existing one for this property, so there would not be two permits against this property. Jones asked the Board to approve this "stand alone" permit and recommended addressing the handling of multiple parcels having vested rights through amending the ordinance. ,-. McLeod made a motion to approve VR 93-03 by adding in the Order section #6 to state that this property in divested from VR 93-01, review by our attorney, and return to the Chairman for his signature, seconded by Brown. Discussion ensued where McLeod restated his motion in a different manner to explain that the change to the permit would protect this property owner from the other property owners voiding vested rights for all the parcels and protects the other property owners from voiding vested rights for this property owner. Vote: Ferring-nay; Brown-aye; Hopkins-aye; and McLeod-aye. Motion carried. ~ Planning & Zoning Board Minutes Wednesday, July 28,1993 Page 3 Annual Elections of Officers McLeod nominated Hopkins for Chairman. Hopkins declined the nomination. Ferring nominated McLeod for Chairman. Brown seconded the nomination. McLeod accepted the nomination. McLeod nominated Ferring for Chairman. Ferring declined the nomination. McLeod nominated Glavin for Chairman. Hopkins stated that she had given no indication to him regarding serving as Chairman, and it would be unfair to accept that nomination since she is not here tonight. Hopkins closed the nomination for Chairman. ~ Ferring nominated Hopkins for Vice-Chairman. Hopkins declined the nomination. Brown nominated Glavin for Vice-Chairman. Hopkins declined the nomination for Glavin since she is not present. Brown nominated Ferring. Ferring nominated Brown. Brown declined the nomination. Ferring accepted the nomination for Vice-Chairman due to dead lock at this time. Hopkins closed the nomination for Chairman. Vote: all-aye. Motion carried. McLeod is the new Chairman and Ferring is the new Vice- Chairman. The meeting was adjourned at 8:20 p.m. Respectfully submitted, ~~ 3 August 1993 .---