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REQUEST FOR EXCEPTION TO MORATORIUM; CASE OF CHRIS BULOW By: Acting Community Development Director Sylvia Frolik Background: CASE # As City Council may recall, on November 17, 1999, developer Chris Bulow was present at a Council work session to solicit comments regarding a concept plan for the property just west of the radio tower on the north side of County Road #116 (see attached site location map). The concept plan reviewed at that time was for a mixture of townhomes and apartments. The developer's concept was received favorably with a suggestion that detached townhomes be utilized on the common property line with the adjacent existing neighborhood, Flintwood. Observations: The developer is in the process of modifying the development plan per Council's suggestions and would like to submit the sketch plan to the Planning Commission on February 1. In order to do so, the Applicant would have to submit a formal application to the City this week. However, the subject property is subject to the moratorium until February 16, 2000 and Staff cannot accept the application. Consequently, Mr. Bulow is requesting an exception to the moratorium. The past practice has been to send requests for moratorium exceptions to the comprehensive plan consultants, Hoisington Koegler, for review and recommendation. City Staff is of the opinion that the time and expense associated with obtaining the consultant's recommendation in this case may not be justified for the following reasons: a) Mr. Bulow's plan complies with the draft Comprehensive Plan approved by City Council on December 21, 1999; b) the relief requested is only 34 days sooner than the actual expiration date under the moratorium. Recommendation: City Staff is recommending approval of the request for a 34 day exception to the moratorium based on the following: a) the exception will not adversely affect the planning process for adoption of the amended Comprehensive Plan; b) the exception will not be detrimental to the public welfare or injurious to other property in the area; c) the proposed development does not conflict with the purpose of the moratorium ordinance; d) strict application of the remaining 34 days under the moratorium ordinance is an undue hardship. Council Action: Motion to approve Mr. Bulow's request for an exception to the moratorium on PIN 36-32-25-21- 0003. CC: 01/11/00