6/3/1981 - Laserfiche WebLink

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Since it is not possible to render an opinion whether any of the proposed North Beach developments is in a position to favorably assert a vesting claim, we would recommend that any developers who feel that their rights have become vested under existing zoning should be given the opportunity to present, as a part of the public hearings on either a rezoning or the land use element of the comprehensive plan, any evi- dence that they feel pertinent to establish their claim. After such a presentation, the Board would be in a better position to weigh the validity of the claim and, if deemed meritorious, appropriate adjustments could be made in either the land use element or the zoning ordinance prior to adoption. Because the state mandated comprehensive plan will be the result of an intensive, well documented planning process, it would be preferable to defend any claims based upon densities determined under the compre- hensive plan.rather than upon another Board initiated rezoning. COMMISSIONER SCURLOCK FELT THE OVERALL DENSITY MUST BE REDUCED IN THE NORTH BEACH AREA AND THE OVER-ALL COUNTY BASED ON CONTINUED INPUT FROM THE COMMUNITY AND THE BARRIER ISLAND STUDY. HE CONTINUED THAT WHETHER ALTERNATIVE 1 OR 2 WAS CHOSEN FROM THE ATTORNEY'S MEMORANDUM, HE FELT THEY SHOULD ENTER INTO AN INTERIM REZONING, ENACT A MORATORIUM, AND THAT THERE SHOULD BE A PUBLIC HEARING TO RECEIVE INPUT. PROCEDURE, DISCUSSION WAS HELD ABOUT FOLLOWING THE PROPER LEGAL MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COM-- MISSIONER FLETCHER, TO AUTHORIZE THE STAFF TO ADVERTISE FOR A PUBLIC HEARING FOR REZONING THE WEST SIDE OF AIA TO R2A AND THE EAST SIDE OF AIA TO R2D.IN THE NORTH BEACH AREA. COMMISSIONER WODTKE STATED HE FOUND IT DIFFICULT TO VOTE FOR THE MOTION AS SOME PARTS OF THAT AREA ARE ZONED FOR 15 UNITS PER ACRE AND BECAUSE OF THE POSSIBLE VESTED INTEREST THAT MIGHT BE THERE. PLANNING DIRECTOR REVER EXPLAINED THE VARIOUS TYPES OF ZONING AND THEIR DENSITIES. LENGTHY DISCUSSION ENSUED, AND THE ATTORNEY POINTED OUT THAT THS BOARD OUGHT TO CONSIDER THE HANDLING OF THIS ISSUE IN RELATION- SHIP TO THE ADOPTION OF THE COMPREHENSIVE LAND USE PLAN, AS IT COULD THEN BE HANDLED WITH MORE FLEXIBILITY. JUN 31991 45 6 PAGE 615 �°G� `� L_