8/10/1993 - Laserfiche WebLink

Home Browse Search

M M Planning Director Stan Boling explained that the Disney application is.in and is being processed and is scheduled for the Thursday, August 12, 1993, meeting of the Planning & Zoning Commission. At this point, the Sea Oaks developers have not formally applied. They have gone through their pre -application conference, which is prior to the formal application, so they have not done anything that the County would have to consider for approval. Deputy County Attorney Will Collins advised that Disney would not be affected because they have already applied and are at the hearing stage. Commissioner Macht asked whether the fact that Sea Oaks has given notice that they intend to file an application is sufficient. Attorney Collins explained that the pending ordinance doctrine is a creation of case law, and the cases seem to say that when a land owner has not applied or done any construction and has knowledge of the impending change, he should be on notice that if he goes forward any expenses incurred are at risk of this pending change. Typically, pending ordinance doctrine would apply only to projects that have not yet filed an application. Anyone whose application was in process would have the benefit of existing laws and not have retroactive application. Discussion ensued, and Director Boling advised that applicants for special exception uses are required to confer with staff from the Planning & Development Division prior to filing an application to informally discuss the requirements of the special exception section and the nature of the proposal. Attorney Collins indicated that the cases on the pending ordinance doctrine vary on whether refusal to go forward under the old rules is allowed depending on time and expenditures the person has made and changes of position that have been made in reliance on the old ordinances. He felt it was arguable whether Sea Oaks, having not applied, has made any substantial change in position and is being treated unfairly. However, they may argue that they have expended substantial monies. Commissioner Macht's opinion was that the only thing this action will affect is the right of application, and that it would not affect the approvability of any plan they submit, which would still be subject to whatever LDRs prevail. At any rate, he felt the pending ordinance doctrine should be invoked to avoid the rush to the Courthouse doors. Chairman Bird clarified that the effect of the Motion will be a moratorium that the County could not accept any new applications 39 AUG 10 1993U 90 faF17