07/23/1979 Meeting - Laserfiche WebLink

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1 ! B. Mooting of East Skinner Butte Litigation I Manager noted that this matter had been held over from the meeting e of July 9, 1979, at the request of Council so that interested parties would have the opportunity to present additional testimony. At the July 9 meeting, the Council did give first reading to CB 1933, which is a policy ordinance. This bill states that application of changes in land use generally will not apply to existing valid permit applications. It has an exception within its text which allows the Council the option to apply that action to a specific application or applications that have been made prior to the effective date of the bill. CB 1934 specifies that the East Skinner Butte Historic Zoning Ordinance will not apply to valid permit applications filed prior to its effective date. This bill has not been given a first reading. The purpose of this bill is to clear up any ambiguity with respect to current litigation on this matter. The staff has taken the position that it would be appropriate to pass these two ordinances. Public hearing was opened. David Filer, 235 East 3rd Avenue, spoke in opposition to the ordinances. He asked if the Council intended the East Skinner Butte Historic Landmark Ordinance to affect all of the properties within the area boundaries, including the vacant lots north of 2nd Avenue. The minutes of the Historic Review Board meeting, in which the language of the ordinance was finalized and recommended to the Council, make it very clear that the ordinance, as ~ recommended, did intend that the design standards apply to these lots. This area was included in the boundaries because of its historical importance, specifically because any development on it would affect the character of the existing property to the south. He said the Board allowed this area to go to high density because, according to the minutes, "Densities higher than 20 units per acre would not necessarily negatively impact the historic character of this core area to the south if design controls were instituted." That was the intent of the ordinance as presented to Council, according to Mr. Wyler. He said the minutes of the April 11 Council meeting at which the ordinance was adopted did not indicate the Council had a different intention. According to Mr. Filer, the minutes revealed that the Council was assured that the design review process would make the high-density designation acceptable. Mr. Filer said the Council would have to decide for itself what it intended, but it had to reckon with the public record, and what a reasonable observer of the process would conclude. He also asked if the ordinance was intended to apply the review process to the vacant lots north of 2nd Avenue and did the Council want the ordinance to work as it was intended to work. In this issue, Mr. Filer said the Council must decide whether the intention - 3q~ 7/23/79--4