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• <br />COUNCIL MINUTES JANUARY 14, 2002 <br />Councilmember Carlson noted that the 287 lots involved in the two plats could all be constructed at <br />one time. She stated she would prefer to hold the two developments to the new Comprehensive Plan <br />since approving the plats under the existing ordinance would not uphold the goals of the new Plan. <br />Community Development Director Grochala stated the Council could potentially be considering <br />preliminary plat approval on both developments in March and final plat approval in April and <br />construction could potentially begin in May. He stated requiring the developers to adhere to the new <br />Comprehensive Plan could only be done through negotiations. <br />City Attorney Hawkins stated that although the developers have filed for preliminary plat approval, <br />this did not mean the City cannot change the rules be'ween now and the end of 12 months and make <br />those rules apply to the plats. He did not believe that allowing the plats to move forward would give <br />the developers a vested right to continue under the existing regulations if new regulations are adopted. <br />However, he noted if the developers proceed diligent Ly and receive final plat approval prior to the <br />adoption of the new regulations then the City would have no ability to require them to phase the <br />developments. <br />Councilmember Dahl wished to reach a compromise iu this situation. She wondered if exempting the <br />two plat applications would give an unfair advantage to the two developers who submitted their <br />applications under the wire. She noted staff has been informing prospective developers of the <br />impending moratorium, who chose to not pursue *r_apphcattons. She noted Mr. Coyle had been <br />focusing in the work session on the limitation of 147 homesper year and it was her understanding that <br />the intent was to submit applications that woulo be ittider :that limit after the new ordinances are in <br />effect. <br />Councilmember Dahl stated she ha vorked on tbe. updating of ordinances when serving on the <br />Planning and Zoning Board an he agreed ,his type of work takes time. She noted the work that will <br />be undertaken by staff will be to ;ensure the ordinances comply with the new Comprehensive Plan, <br />which she believed will take even. .ore effort and time. She stated she would prefer a win -win <br />situation and questioned whether the developers would be willing to agree to meet the new ordinances <br />as they become effective. <br />City Attorney Hawkins stated the developers could agree to comply with the new ordinances as they <br />are approved but he suspected that they would not make such an agreement. He believed the reason <br />the developers had submitted their applications now was so they would be considered under the <br />existing ordinances. He noted neither the developers or the City know what the new ordinances will <br />be and he felt it would be unrealistic to expect the developers to agree to comply with them. <br />Mr. Coyle noted the original plat submitted last Wednesday encompassed 169 residential units on 95 <br />acres and he had offered a proposal this evening to phase the development and begin with the <br />development of 25 acres under the existing ordinances and defer the balance of the application. He <br />stated this would allow Mr. Uhde to keep moving forward with the development of his property that <br />is most contiguous to the property already developed, and to utilize the infrastructure already paid for <br />and in place. <br />17 <br />