Agenda - Planning Commission - 02/05/2004

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Councilmemb,~r Kurak inquired how the new ordinance addressed the economic issue. She did not think lega!ly the City could restrict the value of the property until the property is officially mapped. Community Development Director Frolik explained that the draft Highway #10 ordinance does not address improvements on a dollar figure. · Counc~lmemb~r Kurak stated that if the City does not have the official mapping process completed bY 'the time they adopt the new ordinance she did not think the City had the right to impose a limitlon the value of a person's property. City Attorney iGoodrich stated that he just received the ordinance for the first time today: He explained that.iH-1 Highway # 10 Business District Ordinance will establish a special use permit for any new m/e or any addition or extension of uses. The ordinance is proposed to be brought to' the Council od December 16th for introduction. The goal is to have the adoption concurrent with the expiration i of the moratorium. Staff asked him to find the answer that if the ordinance is adopted and thee City restricts development would that be considered reverse condemnation. At this time he di4t not have that answer but hoped to have it by next week'. Councilmemb~r Kurak inquired if Mr. Touchette does not get approval tonight to upgrade his property and he waits until after the ordinance is adopted is there is language in place that states that property '¢alues would be restricted before official mapping is in place. City Attorney [3oodrich replied yes. He explained that the ordinance is intended to cover the gap between the enid of the moratorium and when the official mapping process is comPleted. Councilmemb~r Cook inquired if what Mr. Touchette is proposing is in compliance with the way the new ordinance is written. Community 'D~evelopment Director Frolik replied yes with the exception that he would not be required to apply for a special .use permit. Councilmembar Kurak inquired as to how Mr. Touchette felt about not getting back his investment he inakes now at a later date. Mr. Touchetteireplied that he has to determine what part is maintenance on the property and what will add additional value. The added square footage adds little to the value to the property. His goal is to upda~le the property to make it look like a 2003 prOperty. Mayor Gameciinquired if there was something that could be added in the development agreement to address their concerns. City Attorneyi Goodrich replied that Mr. Touchette could, review the proposed ordinance and agree to the terjns in that ordinance at this time. Councilmemb~r Cook stated that he did not think it Was fair to have Mr. Touchette agree to an ordinance thati has not been adopted by the City Council. If staff is telling the Council that the plan complies .'_with the proposed ordinance then he was comfortable with that. City Council/December 9, 2003 Page 11 of 21 P59.