Agenda - Council - 07/14/1998 - Laserfiche WebLink

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Criteria 1: That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this Moratorium Ordinance would deprive the petitioner of the reasonable use of petitioner's land. Finding: The current version of the draft land use map for the comprehensive plan update identifies a change in the land use of the subject prope~'y from industrial to transitional or mixed residential, which will allow for the development of townhomes. A previous moratorium ordinance prevented rezoning the subject property to a residential use for the past 12 months. The new moratorium adopted this evening will prevent any proposal for the property for another 6 months. To 'kill' the deal for a literal interpretation of the moratorium ordinance when the property is in the MUSA and the proposed land use is in compliance with the current comp plan draft is not reasonable for the property owner. Criteria 2: That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner. Finding: Mr. Johnson has stated that he has been unable to effectively market the property as it is currently zoned (Industrial) because he is unable to compete with Tax Increment Financing property being offered for industrial development by the City and AEC. Mr. Johnson's position is that his property rights for the subject property have been adversely impacted by the City's economic development efforts and the moratorium. Criteria 3: That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated. Finding: Some type of residential use is more compatible with Regency Pond single family homes to the east than an industrial project as currently zoned. It is staff's opinion that the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area. Criteria 4: That the proposed exception will be harmonious with and in accordance with the specific objectives of the City's existing Comprehensive Plan and will not adversely affect the planning process for adoption of amendments to the Comprehensive Plan above described. Finding: The current comprehensive plan utilizes a zoning map as a land use exhibit and that map targets the property for industrial develol~ment. The consensus to date is that the new land use plan should convert the use of this property from industrial to residential; the exact density has not been worked out, but at this point it appears that townhouses will be in compliance with the new comprehensive plan. Criteria 5: That the proposed use/subdivision will be consistent with the intent and purposes of this (Moratorium) Ordinance.