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City Council Minutes 1999 04 06
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1999 City Council Minutes
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City Council Minutes 1999 04 06
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3/11/2021 2:36:44 PM
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City Council Records
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City Council Minutes
Signed Date
4/6/1999
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2E4
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CCMIN 1999 04 06
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Sisk asked if the number of square footage from the State Mercantile building was <br />included, specifically if it included the basement. <br /> <br />Wood replied he did not have the exact numbers in front of him. <br /> <br />Sisk stated that he just wanted to be assured of the fact that Council is talking about the <br />square footage to be inclusive of all floors. <br /> <br />Wood replied that square footage for downtown was compiled based upon the County <br />Assessor's records, which would include the basement. This was done in an effort to be <br />consistent in the structural survey. <br /> <br />Light explained that the Ordinance, as written, sets the maximum floor area of 354,000 <br />sf. There is a definition of'floor area' in the code, which would include all area within the <br />outside walls of a building, including habitable tenant houses and attic space but not <br />including vent shafts, courts, or uninhabitable area below ground area or in attics. <br />Therefore, if the attic or basement were uninhabitable, it would not be counted. <br /> <br />Keany stated that he did not have a problem with the Ordinance, as written, as Council <br />could always expand the limit. <br /> <br />Mayer expressed concern for the takings issue. If Council simply assigns first-come, first- <br />served flat square footage, and those with vacant lots downtown come forward and want <br />to develop, Council will either have to change the Ordinance and allow them to develop, <br />or deny the request. He asked Light if the applicant would have a very strong case if <br />Council states that the applicant could only have a parking lot in a CC zoned disrict. <br /> <br />Light explained that the legal principal that typically applies in a takings case is that you <br />have to be left with no reasonable use of your land. Light stated that the City may not <br />have a takings case that's ripe for some time, as there is some square footage to hand out. <br />He explained that the City does not know how far this Ordinance goes as respects any <br />particular property until an applicant comes in requesting their square footage. He <br />explained that once the square footage is taken up, if Council makes a decision not to <br />increase it and there is someone left with a vacant property and no use, there will <br />probably be a takings case. <br /> <br />Mayer stated that Council should either develop a transferable development rights <br />program or somehow look at those properties and reserve something for them. Otherwise, <br />Council would be inviting a lawsuit. He asked Wood for clarification that there are <br />59,209 sf in approved PUDs for three buildings. <br /> <br />Wood replied that it does not include 728 Main Street, but it does include 901-909 Front <br />Street and the bed & breakfast on Main Street. <br /> <br />Mayer asked for the square footage approved for 728 Main Street. <br /> <br />24 <br /> <br /> <br />
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