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380 <br /> <br />Public hearing <br />Planning Commission <br />recommendations re: <br />Amending Sections <br />31-86, 31-157, 31-276, <br />31-297.1 of Code; <br />special permit 812 <br />Rives St; special <br />permit 923 Preston <br />Ave. <br /> <br />air ambulance service for the area. Mayor Buck thanked Dr. <br />Edlich and the council for the work they have accomplished. <br /> Due to'a lack of a quorum at a rec~ntty scheduled joint <br />public hearing with the Planning Commission, Council held its <br />own public hearing on the following matters: (1) amendments <br />to Sections 31-86, 31-157, 31-276 and 31-297.1 of the City Code; <br />(2) special permit for operation of a group home for the elderly <br />at 812 Rives Street; and (3) special permit for operation of an <br />analytical lab at 923 Preston Avenue. The minutes of the December <br />9 Planning Commission public hearing, at whic~ these matters were <br />discussed, are on file with the minutes of this meeting.~ Mr. <br />Satyendra Ruja, Director of Community DeVelopment and Planning, <br />explained the proposed amendments to Council, all of which are <br />recommended by the planning staff and the Planning Commission. <br />There was no public comment on the amendments. Regarding Section <br />31-297.1, Mr. Conover pointed out a seeming language inconsistency <br />in the proposed text and suggested that the last sentence in the <br />paragraph be deleted for clarity. He also questioned the wisdom of <br />not setting a maximum time limit on projects that have been granted <br />a special permit but delayed by litigation. He felt that Council <br />should have the opportunity to review special permit decisions <br />when a significant period of time has elapsed between the original <br />~gr~anting of a permit and the end of litigation because in the <br />intervening period of ti-me the project may no longer be appropriate <br />for the site. Mr. Alb'ro and Mr. Roger Wiley, City Attorney, <br />argued that an applicant that has successfully obtained a special <br />permit and endured litigation that was decided in his favor should <br />have the opportunity to make the project a reality without <br />having to suffer a second review by Council. Mr. Wiley pointed <br />out that if a time limit were set after litigation, frivolous <br />and delaying lawsuits may be encouraged in order to stop a project. <br />Mayor Buck agreed with Mr, Wiley and Mr. Albro and stated he didn't <br />consider it wise to subject an applicant to the political process <br />a second time after going through a judicial review. On motion by <br />Mr. Albro, seconded by Dr. Hall, the amendment to Section 31-86 <br />was offered and carried over to the next meeting for consideration. <br />On motion by Mr. Albro, seconded by Ms. Gleason, the amendment <br />to Section 31-157 was offered and carried over to the next meeting <br />for consideration. On motion by Mr. Conover, seconded by Dr. Hall, <br />the amendment to Section 31-276 was offered and carried over to the <br />next meeting.for consideration. On motion by Dr. Hall, seconded <br />by Mr. Albro, the amendment to Section 31-297.1 including the deletion <br />of the last sentence in the paragraph was offered and carried over <br />to the n.ext meeting for consideration. <br /> <br /> Mr. Huja explained the request for a special permit to pperate <br /> <br /> a group home for the elderly at 812 Rives Street and, there being <br /> no public comment, stated that the planning staff and Planning <br /> Commission both recommend the granting of the special permit. On <br /> <br /> <br />