Minutes - Council - 08/08/2006 - Laserfiche WebLink

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Case #5: Request for Exception from Development Moratorium, Case of Ron Tallman Community Development Director Trudgeon reviewed that the R-l Residential Rural Developing District is currently under a moratorium for the subdivision of land. The purpose of the moratorium is to provide time for the Planning Commission and City Council to review R-l Residential District requirements governing cluster subdivision proposals. The moratorium is set to expire February 15,2007. Ron Tallman has requested an exception to the moratorium in order to proceed with his proposed subdivision, Wild Oaks of Ramsey. Mr. Trudgeon reviewed that Ron Tallman applied for sketch plan review of Wild Oaks Addition in May 2005, as one of the first cluster subdivision proposals to be processed under the new cluster subdivision requirements. The preliminary plat for Wild Oaks was denied by the City Council on May 9, 2006, because the plat showed a cul-de-sac in excess of 600 feet (a variance was applied for and denied), and because of the lack of a second access to the plat. Community Development Director Trudgeon stated Mr. Tallman now wishes to submit a revised plat to the City that eliminates these two concerns, but cannot because of the moratorium. The moratorium ordinance provides for exceptions when compliance may result in undo hardship. The Council has the authority to grant an exception to the moratorium with conditions desirable for the protection of the public interest. No exception is to be granted unless the City Council finds the following: 1. That there are special circumstances or conditions affecting the property in question such that strict compliance would deprive the petitioner of reasonable use of the property. 2. That the exception is necessary for the preservation of a substantial property right. 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area. 4. That the exception will be harmonious with and in accordance with the objectives of the City's existing Comprehensive Plan and will not adversely affect the planning process for adoption of amendments to the Comprehensive Plan. 5. That the proposed subdivision will be consistent with the intent and purpose of the moratorium ordinance. Community Development Director Trudgeon stated based on his letters, Mr. Tallman is requesting the hardship exception because of the length of time his proposal has been before the City, the amount of money invested in the project, and because he has purchased the 10 acres to the west of his property, thus providing for a second access to Wild Oaks and eliminating the need for a long cul-de-sac. Mr. Trudgeon stated Council has spent a lot of time discussing the details of the cluster subdivision ordinance. The Council has raised concerns regarding density transition requirements, open space provisions, the calculation of density, and septic system design submittal requirements. The moratorium ordinance was adopted to study these issues, and to date these issues have not been resolved. Allowing the exception to the moratorium will allow Mr. Tallman to develop under the current cluster ordinance, before Council has the opportunity to make desired changes to the ordinance. However, staff recognizes the amount of time and effort that Mr. Tallman has invested in bringing his subdivision proposal to the City for review. Based on the specific criteria laid out in the moratorium ordinance and the information provided by Mr. Tallman, staff cannot identify sufficient circumstances or conditions that warrant approval of the request for exception to the moratorium. Staff is recommending that the City Council / August 8, 2006 Page 10 of 29