12071987 Special Meeting - Laserfiche WebLink

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PLANNING & ZONING & CITY COUNCIL - 12/7/87 PAGE 2 He stated that the subsequent zoning cases would then hold public hearings and the Zoning Commission would make recommendations to the Council. He summarized that because of the current situation, the normal method of rezoning and land use amendments will probably be followed and the Planning and Zoning Commissions will see these on their agenda in January and will be on the Council agenda in February or March. Ms. Kissler asked if the TDR ordinance could be used for other entities once it is enacted and if the City would ever initiate this zoning change. Frank Robbins answered that it could be used for other entities, but the City would never initiate a situation in which we intend to take all the development rights away from someone's property through zoning. The intent of this ordinance is that it be done voluntarily and the transfer of rights from one piece of land to another be voluntary. Mayor Younger asked if the City could initiate the zoning change in the case of right-of-way they needed to obtain. Mr. Robbins stated that he would not recommend using a TDR granting zone, City initiated case because it is literally taking all the development rights from someone without an intent to compensate. He continued that there are ways to restructure transfer development rights ordinance to do that if the Council wishes, noting that it will require what is called "banking" those rights. A.C. Gonzalez stated that the critical issue is not whether it could be done, but the initiation of the case. He continued that the property owner is responsible for initiating on their own accord and working with the City to work it out, with the exception of it being our own property. Mayor Younger asked, in Section 40, 101., if there is somewhere not shown on the land use plan map as flood plain/open space currently, it may be changed to that if appropriate. Frank Robbins stated that if the area were not in the appropriate land use category, the applicant could initiate that land use amendment done as the other land use amendment is being done tonight. Frank Robbins stated that it could be done at the same time or the land use amendment could be done beforehand. Mayor Younger asked if in 401.5, the City does not want the land. Frank Robbins stated that the City would not approve the transfer. Frank Robbins stated that you would not necessarily be taking the property owner's rights by refusing to take the property. This process is absolutely voluntarily. Gerald Farr stated that it serves the public interest. Lamar Hankins stated that the City will not be required to do anything in particular with the land once it is dedicated to the City or for some other use. The Mayor stated that he just didn't want the City to have to take property they have no use for. Frank Robbins said that was discussed by the Planning & Zoning Commissions. Lamar Hankins stated that one of the important reasons for the transfer is that the courts have not been willing recognize transfer development rights as absolute economic contribution to a person. Without the dedication provision, and with a transfer of development rights, a person would still be able to maintain some legal action against the City for his economic loss claiming that what he received for the transfer was insufficient and he should receive more and he should get it from the City. Mr. Hankins continued that the way to avoid that position is to have the person relinquish ownership in some