Agenda Date: 9/27/2022
Subject:
Title
Aspen Grove Review
Body
From:
Reid B. Betzing, City Attorney
PURPOSE:
To consider an appeal of Planning Commission's approval of a Master Development Plan (Conceptual) for the property located at 7301 S. Santa Fe Drive to terminate the existing PL-O and utilize the underlying Corridor Mixed (CM) zoning district.
PRESENTATIONS:
Staff Presenter: Reid Betzing, City Attorney
Additional Presenters: Brandon Dittman, Attorney, Kissinger & Fellman, P.C.
Lynn Christensen and Linda Knufinke, Appellants
SUMMARY:
On July 25th, Planning Commission after a public hearing approved a Master Development Plan ("MDP") for the Aspen Grove property by a vote of 7-0. Following the approval, on August 16th Lynn Christensen along with approximately 100 citizens filed an appeal pursuant to the ULUC 10-9-3.7(A) which states: "Unless otherwise specified in this Code, a party aggrieved or adversely affected by the decision of a decision-making body or official, may seek review of the decision in accordance with the procedures in this Section."
ULUC 10-9-3.7(B) Appeal of Planning Commission Decision states: "[a]ny party aggrieved by or alleging an error in a final decision of the Commission may appeal to the Council within 30 calendar days of the Commission's decision."
Whereas appeals of City Council and Board of Appeals (BOA) state that they were appealable to the district court, and Historic Preservation Board (HPB) decisions were subject to public hearings, Planning Commission's process was silent. As such we take this as the plain meaning of the words as a "review" of Planning Commission's decision as it is Planning Commission's decision which is being challenged and not Aspen Grove's application. As such, the evidence subject to review is the entirety of what was presented at the hearing in front of Planning Commission on July 25th, including all documents, presentations, written and oral public testimony, and delibera...
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