07.07 - Reconsider Request to Rezone Property from Forest Management to Commercial by Dan Couture

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Page 1 of 3 City Of Pequot Planning & Zoning From: Charles Marohn [marohn @communitygrowth.net] Sent: Friday, August 18, 2006 11:29 PM To: 'Paul Sandelin' Cc: 'City Of Pequot Planning &Zoning' Subject: RE: Stellar Properties Paul, The Planning Commission denied the rezoning as per the findings in our staff report. We will address the outstanding plat application next month and make sure that loose end is tied up in the best way possible. We understand that future withdrawals of applications need a better record. The previous preliminary plat that was approved (2002)expired before the final was done. We have an excellent paper trail on that one and there is no dispute from Landeckers that the previous approval is still valid. Their only argument is that the same logic should apply. We have done a whole new plan since then and would have every rational to approach it differently. FYI—The previous approval was by one vote and made after the merger but before the election by a council that was very different. The new councils that have served since, which include former township officials, have a completely different approach to land use approvals. -Chuck From: Paul Sandelin [mailto:psandelin @lakesarealaw.com] Sent: Friday, August 18, 2006 3:27 PM To: marohn @communitygrowth.net Cc: City Of Pequot Planning &Zoning Subject: RE: Stellar Properties Chuck: i was out of the office after this email came in. my point is this, make a decision regarding the rezoning request as that is what is before the planning commission. if the property is rezoned to commercial then proceed with the preliminary plat application because i find nothing in the record indicating the application was withdrawn. the city's record (minutes and motions) is what we need to rely upon if someone is questioning action taken or to be taken by the city. if the property was not rezoned to commercial then i think the record needs to be cleaned up regarding the status of the preliminary plat, i.e., approve or deny. the fact that you have a pending preliminary plat application under commercial zoning, which is then rezoned and subsequently there is an application to rezone back to commercial certainly raises questions regarding the status of the preliminary plat and the status of the zoning. in the future if an application is in fact withdrawn that should be in writing or acknowledged through a motion so there is a record. also i would be careful with rezoning property that is currently the subject of a pending zoning application where there is very little or no discussion or consideration of the two issues when the decision is made to rezone the property. although the city may technically not be at risk, you may want to make sure that there is a specific notice that goes out regarding a rezoning when there is an application pending. if the preliminary plat had been approved i think the result is different because then the applicant can make a vested rights claim to the zoning classification. the other issue than could be raised, given the several recent rezonings, is the effect on the property value although that may not be an easy case to prove. From: Charles Marohn [mailto:marohn @communitygrowth.net] Sent: Thursday, August 17, 2006 2:27 PM To: Paul Sandelin 8/24/2006