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I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> l <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> <br />CASE <br /> <br />REQUEST FOR EXCEPTION FROM DEVELOPMENT MORATORIUM; <br />CASE OF WAYNE JOHNSON AND TSM DEVELOPMENT, INC. <br /> By: Zoning Administrator Sylvia Frolik <br /> <br />General Background: <br /> <br />In a prior case on tonight's agenda, the City Council adopted an ordinance to establish a <br />development moratorium on certain land use sensitive parcels (with respect to the comprehensive <br />plan update) within the Metropolitan Urban Service Area (MUSA). The moratorium includes a <br />parcel located in the northeast quadrant of the intersection of County Roads 56 and 116, just west <br />of Regency Pond. This parcel is owned by Wayne Johnson and he has entered into a purchase <br />agreement with TSM Development. They have requested an exception to the moratorium to <br />proceed with a plan to rezone the property from Industrial to R-3 Urban Residential and develop <br />it with townhomes. <br /> <br />The moratorium ordinance provides for exceptions when compliance may result in undue <br /> hardship. The Council has the authority to grant an exception to the moratorium with <br /> conditions desirable for the protection of the public interest. <br /> <br />Observations: <br /> <br />In accordance with Council's policy, the request for exception was forwarded to Hoisington <br />Koegler Group for review and recommendation. Hoisington prefers that the parcel remain in the <br />mOratorium, but if Council chooses to grant the exception, careful consideration should be given <br />to the density issue during site plan review relative to the land use and density discussions <br />currently in progress. <br /> <br />The following items are enclosed: <br /> <br />a) <br />b) <br />c) <br />d) <br /> <br />Site location map <br />Letter from Wayne Johnson dated June 9, 1998 <br />Development concept plan <br />Memorandum from Hoisington Koegler Group dated June 15, 1998 <br /> <br />Recommendation: <br /> <br />With respect to the established exception criteria, the City Staff recommends the following <br />findings: <br /> <br /> <br />