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City Council Minutes September 17, 2001 6.9. 6.10. 6.11. 6.12. Page 11 Request by D.R. Horton for Waiver to Townhome Moratorium Request by D.R. Horton for Rezoning from Rld (Single Family Residential.) to PUD ,(Planned Unit Developmen0, Public Hearing - Case No. ZC 01-06 Request by D.R. Horton for Preliminary, Plat Approval (,Trott Brook Farms South), Public Hearing - Case No. P 01-14 Request by D.R. Horton for Conditional Use Permit (,Trott Brook Farms South), Public Hearing - Case No. CU 01-32 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson gave a brief overview of the development project proposed by D.R. Horton. She stated that the applicant believes they should be issued a waiver to the moratorium ordinance because they feel uses for this site are within anticipated density, the property serves as a transition from commercial to open space, and the development would be a logical extension of Trott Brook Farms. Ms. McPherson stated that staff feels that applicant does not comply with the conditions required for receiving a waiver to the ordinance. Mayor Klinzing stated that she supports the staff recommendation. Councilmember Motin stated that this property was not purchased until after the townhome moratorium was established and the developer was aware of the ordinance. Don Patton, Manager for D.R.Horton - Discussed his development proposal. He stated that there would be a hardship to the property owner due to the assessments being incurred. Councilmember Dietz stated that the developer didn't own this property when the moratorium went into effect and should not be granted a waiver. Mr. Patton stated that he is willing to withdraw his waiver request and have the PUD, preliminary plat, and final plat tabled until the townhome moratorium ordinance has expired. Mr. Patton stated that he would waive all deadline requirements for action and he would be willing to send the applications back to the Planning Commission for review if needed. COUNCILMEMBER DIETZ MOVED TO ALLOW D.R. HORTON TO TABLE ACTION ON THE REZONING REQUEST, THE PRELIMINARY PLAT, AND FINAL PLAT UNTIL THE MORATORIOM ORDINANCE HAS EXPIRED, WAIVE ALL DEADLINE REQUIREMENTS FOR ACTION, AND SEND THESE APPLICATION REQUESTS BACK TO THE PLANNING COMMISSION FOR REVIEW. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Bob Black, 10976 181 Avenue - Stated that he would like a safe access for entering onto County Road 12 westbound. He stated that the developer is willing to offer access through Trott Brook Farms South Addition. Stoffel Reitsma, 10860 181 Avenue - Stated that the $250,000 assessment to his property is a hardship. He is concerned that the moratorium deadline will be extended. 7. Other Business There was no other business.