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REQUEST FOR ACTION To Item Number Ci Council 6.1. Agenda Section Meeting Date Prepared by Administration December 1, 2008 erem Barnhart, Plannin Mana er Item Description Reviewed by Ordinance Establishing a Moratorium on Land Use Jeff Gongoll, Community Applications and Approvals with the Fast Study Area, Case No. Develo ment Director OA-08-11 -Public Hearing Reviewed by Action Requested Approval of Moratorium Ordinance as drafted. Background/Discussion At the Council meeting on November 10, 2008, Council directed staff to prepare a moratorium ordinance for the Focused Area Study (FAST) area. An ordinance establishing the moratorium is attached. The moratorium would prohibit the receipt of land use applications (and approval of these applications) within the study area for up to 1 year. The study is expected to take 5-6 months, with the potential for further land use actions (comprehensive plan amendment, zone change) taking additional time. The Council may cancel the moratorium at any time before the 1 year date. A moratorium is beneficial to the city and property owners because it allows the City to reevaluate the direction of a given area, possibly resulting in a new direction. The area has great potential to change, with the addition of the Northstar commuter station and the future development of the city owned Gateway Business Park as an anchor. These factors may shift the development trends in the area. Because the land use guidance of the area needs to be revisited, it is advantageous to hold off development that is based on an existing plan or direction until the new plan can be developed. The private sector benefits by investing in the area consistent with the final plan, avoiding a situation where their investment is inconsistent, or non-conforming. Public Hearing notices have been sent to all property owners within the study area, as well as those within 350 feet of the area. Owners of multiple properties were sent only one notice. To date, Staff has received some comments and concerns, notably about the loss of potential sales and uncertainty about the final plan and its impact. Others have voiced their support of the planning process. The draft ordinance is broadly written, not allowing application for all land use decisions, including building permits, variances, site plans, etc. The Council could adjust the. reach of the ordinance, as well as the length. The draft includes a variance provision, should the Planning Commission and Council feel it appropriate. S:\PLANNING MAIN\Case Files\OA\OA 08-11 175th Study Mozatorium\Action Requested 12-1-O8.doc