Laserfiche WebLink
MR. CHANDLER MARTIN <br /> DEVELOPMENT SERVICES DIVISION <br /> Re: APPLICATION NO. MS-94-42 - REVISION OF APPROVED ACTIONS <br /> APPLICATION OF .70E HALLOUM <br /> September 22, 1995 <br /> Page two <br /> Divers, copy of which is attached, in paragraph 2 , indicates that <br /> the present storm drainage system of CSA 31 does not have capacity <br /> to serve the parcel . <br /> 4 . Development Title Sections 9-1135 . 2 ; 9-1135 . 5; and 9- <br /> 1_1135 , 1 <br /> - <br /> '_15 , r apply t c -t e Hallcum SIJ. :�� '_!JI`, 'al Cat are crdfrance <br /> requirements . Please refer to Section 9-1135 . 2 ( j ) entitled <br /> Capacity of Existing Drainage System "if the existing drainage <br /> system is required to serve a development project, but does not <br /> have capacity to serve the development project, the developer shall <br /> provide for additional capacity, either by constructing off-site <br /> drainage facilhies or contributing funds to the serving agency for <br /> drainage system expansion. The servicing agency shall determine <br /> which option _is appropr-4-ate". Please note ~hat this ordinance <br /> requirement toes not pzovi.de for new development to use capacity <br /> lreadfy deGignat;?d and paid :1r by ey-i ting development within the <br /> County Service Area.. <br /> 5 . It is also [:cs:.tjon, t.._at approval of N.W. Halloum' s <br /> reque_ _ tc revise Corctiticn .. . ,I an interim or any basis , creates <br /> a t,akinq by goverr..w.enL of re _i property sub ect to just <br /> c:orrpensaticn. the taking occurs the County deprives Flag city <br /> of its vested rights to use the infrastructure it has paid for <br /> while giving Flag City' s rights to that infrastructure to a third <br /> party developer, on the future promise by the third party developer <br /> to construct and/or bond the improvements required to ensure the <br /> immediate availability of the infrastructure to Flag City. I'he <br /> reviG `"1 of the �.nn:Ml � ...r""� ,.. .Aa"' ., fhRy_ T.i47 7 i r <br /> w.^. r�,_feYt .la__ <br /> another cloud and obstruction on the bundle of property rights <br /> already obtained by Flag City. There is absolutely no reason why <br /> Mr. Halloum should not be required to comply with the existing <br /> ordinances , and why Flag City should be required to subsidize the <br /> Halloum property. Approving this revision will provide Mr. <br /> Halloum with special treatment not afforded others . <br /> Based on all of the points stated above, it is our position that <br /> the Board of Supervisors does not have discretion to alter the <br /> Ordinance Condi .ioii regarding stf,)rri drainage as presently included <br /> in the tentative map and, furthermore, that such an action would <br /> cause a taking of property subject to judicial review. <br /> -16- <br />