Agenda - Council - 02/09/1999 - Laserfiche WebLink

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approval. In addition, case law holds that where a developer has expended substantial financial resources in reliance upon municipal approval of a given project, the developer may not be affected by subsequent legislation which is contrary to the initial approval. While the statute and case law have traditionally centered on developer rights, a careful reading of the statute reveals that its language can also be applied by other persons who have expended substantial resources in reliance on a particular municipal approval. In the present case, lot buyers who improved their lots with homes, moved their families into the community, enrolled their children in local schools, and otherwise completely committed their lives to their present location in reliance on the municipal approval of an overall development at a given density expectation, have the same right to insist that the municipality follow the original approval, regardless of subsequent ordinances and features which might otherwise permit more intense development. Additional Legal Arguments There are numerous other legal arguments favoring tabling the present request. These include the present unsettled status of the City's charter amendment relating to adjacent densities, which would be clearly violated by the present proposal. What would happen if the City were to encourage the developer to proceed by adopting enabling zoning, but subsequently finds that the densities permitted by that zoning are inconsistent with the City's charter? We believe that the prudent course of action would be to table this request, to provide the City with the opportunity to review the history of this development, and to more fully explore whether or not the zoning ordinance as presently written adequately addresses the property rights of other persons affected by a zoning change. It would also provide an opportunity for the existing neighborhood to continue to try to work with the developer to arrive at a plan which meets their concerns. I would specifically request that this letter be made apart of the Public Hearing record in connection with the public hearing on the matter, currently scheduled for December 3, 1998. ~F~'D~Re~~ubmitted' cc: William Goodrich, City Attorney 4 I I I I I I I i I I I I I I i I I ! I