SAN ANTONIO VESTED RIGHTS TASK FORCE MINUTES

January 19, 2005

DRAFT as of 1/25/05

 

                                     Present

 

                                Susan Wright, Chair

                                                Robert Hanley

                                                Mitch Meyers

                                                Carroll Schubert

                                                Art Hall

                                                Julian Castro

                                                Dr. Francine Romero

             

THE VESTED RIGHTS TASK FORCE CONVENED IN THE TOBIN ROOM OF THE ONE STOP BUILDING AT 7:30 A.M. TO DISCUSS THE FOLLOWING:

 

  1. Deliberation and consideration of vested rights issues.

 

The draft revised Unified Development Code (UDC) as of 1/3/05 was discussed:

·         Section 35-711 (b, 3&4) and/or 35-712 (e) should be revised as follows:

-          Clarify language pertaining to certification. An applicant should not file a Project Affidavit until the project is legally permitted to be constructed/developed. If a zoning change is required for a certain project, that step should be taken prior to filing a Project Affidavit. Any other legal requirement for a project should also be met before a Project Affidavit is completed and filed with the City of San Antonio.

·         Section 35-711 (d,1) should be revised as follows:

                -“The Director shall place the appeal….and the Planning Commission shall…..

                   …..make its ruling no later than forty-five (45) days either 14 days or at the next   

                   available meeting after the date the appeal was filed.”

·         Section 35-711 (d,2) should be revised as follows:

                -“(b)   a written request by the City Manager bearing his/her signature.”

·         Section 35-712 (b,6) should be revised as follows:

                -“f.    hotel or entertainment”

·         Section 35-717 (c) should be revised as follows:

-          Add “Unless action is authorized by state law”

-          List ordinances and regulations exempt from vesting by state law (Chpt 245).

·         Going forward, a Project Affidavit should be required in connection with a permit.

·         A Project Affidavit can also be filed with the City of San Antonio in connection with a permit, such as a utility contract, filed with another governmental entity within a reasonable amount of time after the permit is issued.

·         Section 35-718 should be revised as follows:

                - Progress needs to be defined.

·         Section 35-720 (b,7) should be revised as follows:

                -“The City Clerk shall schedule the review…..to be held no later than thirty (30) either 14 days or at the next available meeting after the date the Planning Commission’s decision.”

·         The task force will meet at 8AM on 1/26/05 to draft & approve recommendations to Council.

 

2.   Public input- Convened in the Board Room for public input from 8:30-11:30AM 

 

  1. Approval of December 17 minutes- Postponed to 1/26/05

 

 

Susan M. Wright, Chair

           

            Attest: 

            Andrew Martin

            City Attorney