File #: 22-100    Version: 1 Name:
Type: Administrative Business Status: Filed
File created: 5/24/2022 In control: City Council
On agenda: 6/20/2022 Final action: 6/20/2022
Title: Lot Line and Terminology Adjustment per Section 21-3244 of the Land Development Code (LDC), appeal by Clayton Properties Group II, LLC (doing business as Oakwood Homes) of the denial by the decision of the Community Development Director.
Sponsors: Katelyn Memmer
Attachments: 1. Council Communication, 2. Staff Report, 3. Resolution Adopting Rules of Procedure, 4. Denial Letter to Applicant, 5. Appellant Appeal Letter, 6. Appeal of CD Director's Determination-Final Brief, 7. Appellant Exhibit A - Reunion Ridge Filing 1 Plat, 8. Appellant Exhibit B - Application, 9. Appellant Exhibit C - Reunion PUD, 10. Appellant Exhibit D - August 24, 2021 Email Correspondence, 11. Appellant Exhibit E - Decision, 12. Appellant Exhibit F - Facts to Know, 13. Appellant Exhibit G - Appeal, 14. Appellant Exhibit H - Jones-Tolbert Email Correspondence, 15. Appellant Exhibit K - LDC Article VI, 16. Staff Presentation, 17. Appellant Presentation, 18. Planning Commission Minutes, 19. Planning Commission Recording

Title

Lot Line and Terminology Adjustment per Section 21-3244 of the Land Development Code (LDC), appeal by Clayton Properties Group II, LLC (doing business as Oakwood Homes) of the denial by the decision of the Community Development Director.

 

Body

Summary & Background

Section 21-3244 of the Land Development Code provides for Lot Line and Terminology Adjustments of previously record documents. The appellant, Clayton Properties Group II, LLC, has appealed a decision of the Director of Community Development denying an application for a Terminology Adjustment for Tract C of Reunion Ridge Filing 1 by which the appellant intended to change the tract to a lot.  The denial was communicated to the applicant by letter sent on April 19, 2022 informing them of the denial and suggesting that the change requested could be processed as a final plat.  The applicant appealed the decision of the Director by letter dated April 29, 2022.

 

The Planning Commission heard this item on June 7, 2022 and by a vote of 4-1 voted to approve the Lot Line and Terminology Adjustment. Therefore this item is before you for a de novo review. The City Council decision will be the final decision of the city on the application.

 

Staff Responsible (Department Head): Jim Tolbert, Community Development Director

Staff Presenting: Jim Tolbert, Community Development Director

 

Financial Impact: N/A

Funding Source:  N/A

 

Staff Recommendation: Council is required to make written findings of facts when making its decision. Those findings can be written on the night of the hearing of the appeal or direction may be given to the City Attorney to draft the findings as discussed on record and stated at the hearing, and place the item on a future agenda for a final review. If Council wishes to give direction to the City Attorney then this item should be continued to no later than July 18, 2022, to allow to meet the deadline for an appeal outlined in the Land Development Code, Section 21-3440(2).

Suggested Motion: N/A