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• <br />• <br />• <br />Planning & Zoning Board <br />January 9, 2002 <br />Page 28 <br />Mr. Rafferty questioned how the applicant would be affected by the tabling of the request <br />or a delay in the City's decision, which at this point he did not believe would be favorable <br />from the Planning and Zoning Board. He acknowledged that even if the Board <br />recommended denial, the development will be reviewed by the City Council, however, he <br />believed the Council will have the same difficulty in making a decision. He noted if this <br />was the case and the Council denied the request, the developer would have to wait one <br />year before reapplying. <br />Mr. Peake stated he would be pleased to continue working with the City toward an <br />alternative that will work. However, he noted the applicant was under the eminent threat <br />of a building moratorium, which would not allow the luxury of having this matter tabled. <br />He believed there may be an opportunity for the City Council to waive the moratorium for <br />this proposed development in order to further pursue alternatives that work for Mr. <br />Vaughan, the City and the neighbors. He stated if the develop " n v. ► ld not be affected <br />by the moratorium he would be willing to accept the proposal Ong to d. <br />Mr. Rafferty noted the moratorium will only be in pla or .ns and he was not <br />certain the proposal would be approved as submitt <br />damaging to the applicant than the moratorium. <br />Mr. Peake stated the consideration of this <br />cooperation and indicated Mr. Vaughan <br />has not been rigid in his expectations. <br />eyed would be more <br />al mu .e done in the spirit of <br />ery willing to work with the City and <br />mpendi + + directly conflicts with the settlement <br />he ity could cooperate with Mr. Vaughan and <br />con ued development of the island. He felt that Mr. <br />ortunity to continue working with the Planning and <br />s tovtermine whether there were some reasonable solutions. <br />onstraints. <br />Mr. Peake felt that the im <br />because he did <br />preclude him from requ <br />Vaughan should be <br />Zoning Board and <br />However, there are tim <br />Mr. Rafferty no &' oratorium would apply to any preliminary plats not approved by <br />the effective date nd he questioned whether the applicant was attempting to move too <br />quickly with this ' - velopment because of the pending moratorium. <br />Mr. Peake believed that the impending moratorium was forcing both the Planning and <br />Zoning Board's hands as well as Mr. Vaughan's hands. He expressed his willingness to <br />continue working with the Board, the City Council and staff in attempting to design a <br />development that will work. However, if Mr. Vaughan is precluded from doing this by <br />the moratorium then he felt the City is not accomplishing its job and Mr. Vaughan can <br />not obtain that which he has a constitutional right to. <br />Mr. Rafferty stated the Planning and Zoning Board is not required to make a decision <br />based solely on the possibility of a future moratorium. <br />Mr. Corson made a MOTION to recommend denial of the Comprehensive Plan <br />Amendment requesest for the Pheasant Hills 12th Addition to change the guided use of <br />