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-216— <br />5 That the proposed subdivision will be consistent with the intent and purpose of the <br />moratorium Ordinance. <br />Based on his letters, Mr. Tallman is requesting the hardship exception because of the length of <br />time his proposal has been before the City, the amount of money invested in the project, and <br />because he has purchased the 10 acres to the west of his property, thus providing for a second <br />access to Wild Oaks and eliminating the need for a long cul -de -sac. <br />Recommendation: <br />The City Council has spent a lot of time discussing the details of the cluster subdivision <br />ordinance. The Council has raised concerns regarding density transition requirements, open space <br />provisions, the calculation of density, and septic system design submittal requirements. The <br />moratorium ordinance was adopted to study these issues, and to date these issues have not been <br />resolved. Allowing the exception to the moratorium will allow Mr. Tallman to develop under the <br />current cluster subdivision ordinance, before the City Council has the opportunity to make <br />desired changes to the ordinance. <br />However, staff recognizes the amount of time and effort that Mr. Tallman has invested in <br />bringing his subdivision proposal to the City for review. Based on the specific criteria laid out in <br />the moratorium ordinance and the information provided by Mr. Tallman, staff cannot identify <br />sufficient circumstances or conditions that warrant approval of the request for exception to the <br />moratorium. Staff is recommending that the Council give some consideration to possible <br />findings, based on the criteria listed above, and direct staff to draft findings for Council action at <br />the next meeting. <br />Council Action: <br />Provide Staff direction to draft findings of fact either supporting or denying the request for <br />exception to the moratorium. <br />Review Checklist: <br />Community Development Director <br />Asst. Com. Dev. Director <br />CC: 08/08/06 <br />Copies To: <br />City Attorney <br />