6/27/1989 - Laserfiche WebLink

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existing historical roadway, and he has no vested right to request this realignment. The first issue Attorney Doty addressed was that present procedure requires a Comprehensive Plan amendment, his reason being that the current alignment of Jungle Trail is in the Comprehensive Plan on Page 90 in the form of a map; therefore, any realignment from that would be a modification to that page of the Comp Plan and would constitute an amendment of the Comp Plan and require the proper procedures. Attorney Doty next addressed the issue of whether the proposed realignment and abandonment will adversely affect the historical integrity of the Trail. If it does, he suggested that the Board is acting in excess of its authority and is disregard- ing its own recognized documents adopted in April of 1989 as he did not believe the record before the Board shows that the burden of_proof has been borne by the applicant or that there is substantial competent evidence upon which the Board can grant the application. Attorney Doty then referred to the statement in staff's memo under the heading CONCLUSION that "the proposed realignment would enhance the scenic value of the Trail, and can, with conditions, clearly meet all the realignment review criteria specified in the Jungle Trail Management Plan with the exception of the criterion regarding historical character and integrity" by which he felt staff has admitted unequivocably that the criteria is not met. Community Development Director Keating believed Mr. Doty is taking staff's wording out of context. They stated that the criteria is not clearly met. Also, the memo goes on to reference the fact that the existence of a vegetative buffer is an integral part of the historic integrity, and the whole point of staff's recommendation hinges on the fact that if the Trail is not abandoned, there is a good possibility that the vegetation could be cleared right up to the roadway. 59 BOOK r,nj.97 ji