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Council to correct ordinance language related to Michelle property zone change

2323430 · February 17, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Council members were told a prior vote approving a zone change for a property owned by Michelle was intended to be conditioned on a development agreement, but the ordinance text was not amended. Staff will return with corrected ordinance language and status of the unsigned development agreement.

At the Feb. 12 work session, a town official (unnamed) told the Virgin Town Council that a previously approved zone change for a property known as Michelle’s was intended to be conditioned on a development agreement, but the ordinance language was not changed to reflect that condition.

The official said the council had approved the zone change “subject to a development agreement,” but the ordinance document itself did not include the conditioning language. Staff will consult with the town attorney (Heath) to determine the corrected ordinance text and the council will discuss how to proceed at a future meeting.

Why it matters: the ordinance text determines the legal status of the zone change and whether conditions tied to a development agreement are enforceable.

Discussion details: the official said a copy of the development agreement is in the packet but not yet signed by all parties; staff will follow up to confirm signatures and whether additional modifications (for example, lighting requirements) have been included. The council plans to place the corrected ordinance and development agreement on a future agenda so members can review the amendment and the agreement status.

No final action or vote was recorded at the work session; the official explicitly said the item is for review and correction of ordinance language rather than immediate approval of the project.