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• LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mayor John Bergeson Lino Lakes City Council January 14, 2002 Page 2 would, by enacting its proposed growth- control Ordinance, effectively be barring the sale and development of otherwise fully compliant residential homesites. Finally, the City has exempted several categories of land and, in so doing, unfairly discriminated in favor of some residential property (including property within the City's Town Center area) to the disadvantage of other residential property. Request for Exemption from Moratorium If the City Council is determined to proceed with the Moratorium, Mr. Uhde requests that a portion of the land within the proposed Project area be exempted from the terms of the Moratorium. Applying the language of the Moratorium Ordinance literally, we assume that any land currently (1) zoned R -1 or (2) which is covered by an approved Preliminary Plat is exempted. With respect to the Project area, a total of 9.387 acres meets this definition and should be allowed to go forward, notwithstanding the Moratorium Ordinance. Outlots B, C and D, Behm's Development, 5th Addition, already are zoned R- 1. In addition, Lots 13, 14, 15 and 16 of Sunset Oaks (to be replatted with the Behm's Development) are covered by an approved Preliminary Plat. Confirmation of this interpretation is requested. Mr. Uhde further requests that an additional 13.861 acres be exempted from the Moratorium, for a total of 23.248 acres (see attached schematic). This land directly abuts existing development within the Behm's Development, will be served by utilities in place and most likely will develop based on existing City policies. Arguments favoring this request by Mr. Uhde include: • The Behm's Development has been in the planning and development process since 1992; • The Behm's Development has financed the extension of trunk sanitary sewer and water main improvements over 1 mile, from near the City water tower to the north end of Behm's 5th Addition; • Future phases of the Behm's Development will require construction of a lift station to serve the area, based on a feasibility study conducted by the City in the late 1990s, in connection with the Behm's 4th and 5th Additions -- additional lot sales will be required in order for Mr. Uhde to self - finance this requirement; • The Behm's Development has a designed drainage system, with numerous ponding areas to service the entire Behm's footprint — additional lot sales are necessary to offset construction costs; • Development of the proposed 6th Addition has been on hold for over two years pending completion of the City's Comprehensive Plan update so that adjoining parcels can be incorporated into the Behm's Development in conformance with the adopted Plan; • Approval of the additional development area, as an interim compromise, will permit construction of a trail linkage to the future neighborhood park; and