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Council approves extension language tying future extensions to Garden City’s new extension code
Summary
The council approved an extension for Chandler’s Place and added a condition that any subsequent extension request for applications filed before the recent code revision will be evaluated under the new Garden City extension code; council and staff discussed legal risks and case law implications.
Garden City’s City Council on Feb. 10 approved an extension for SUBFY 2022-0008 (Chandler’s Place) and adopted a condition on extension decision documents that applicants whose projects were approved under the prior code will be subject to the city’s new extension code on any future extension requests.
Council member Jacobs proposed adding standardized language to extension decision documents so that projects approved before the city’s recent code update would migrate to the new extension requirements on their next extension request. The intent, Jacobs said, is to align outstanding older approvals with recently adopted standards.
City legal counsel cautioned council members about potential legal risk. Counsel referenced the case Dry Creek Partners LLC v. [county commissioners] and said that, under that decision, the version of local code that applies to an extension request may be the code in effect at the time of the extension request rather than the code in effect at original approval; counsel recommended confirming the legal analysis. Counsel also advised that if the applicant does not accept added language the council could allow reconsideration within 14 days.
Council members discussed whether adding the migration language would be best placed directly in the code rather than on decision documents. Staff recommended that the recently amended code may already address many of the concerns and said the proposed approach would be a practical way to transition outstanding applications onto the new rules.
Council president and members said they supported the approach, with several expressing that the language would provide clarity for applicants and staff. Council member Jacobs moved to approve the extension with the added language making the next extension subject to the new Garden City extension code; the motion passed on a roll-call vote.
City staff said they would incorporate the statement into decision documents for qualifying applications and treat the change as a condition on future extension approvals.
The council’s action applies to applications that were approved under the prior extension procedures; it does not retroactively alter completed approvals and it leaves applicants the opportunity to seek reconsideration as provided by staff guidance.
