Title
CPC PUD 05-00301-2MJ12. Public hearing on a reconsideration of City Council's previous action denying an appeal of City Planning Commission's denial of an appeal of an Administrative denial of an amendment to a previously approved development for the Dublin Terrace Townhome project. The amendment to the development and this hearing specifically pertains to the existing townhomes located at 6552, 6553, 6560, 6568, 6572, 6576, 6580, 6588, 6592, and 6596 Emerald Isle Heights.
(Quasi-Judicial Matter)
Body
From:
Peter Wysocki, Planning and Development Director, Planning and Development Department
Summary:
This is a court-ordered rehearing of a previous City Council decision made on March 26, 2013, which effectively denied an amendment to the Dublin Terrace Planned Unit Development Plan. The amendment sought approval of three, as built, non-compliant buildings containing 10 townhome units. Subsequent to the City Council's March 26, 2013 decision, MLP Receivership, LLC (MLP) filed a lawsuit against the City. MLP seeks a judgment permitting the non-compliant townhomes to remain as built and seeks an undisclosed amount of damages.
A Trial Court found a due process violation and ordered the City Council to rehear the case. The Trial Court also instructed the City Council to consider equity and fairness impacts to multiple parties that have vested interests including MLP, the contractors (who have not been paid and/or have liens against the properties), and residents of the Dublin Terrance development (who are impacted by the unfinished, aging vacant townhomes). Essentially, the Court ruling stipulates that impacts and mitigation must be reviewed in totality, not solely based on the development plan review criteria.
As reference, amendments to approved development plans must meet the development review criteria set forth is City Code Section 7.5.502.
1. Will the project design be harmonious with the surrounding land uses and nei...
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