Recommendation
Adopt resolution.

Change in Law or Policy
This action would extend the current development moratorium while the Mayor and Council considers the final draft revised zoning ordinance. The resolution would continue to allow applications for variances, special exception not requiring approval of a use permit, and minor subdivisions to be accepted and processed.

Discussion
The Mayor and Council approved resolution No. 17-06 on November 13, 2006 to impose a moratorium on new development during the pendency of the comprehensive revisions to the zoning ordinance. Amendments to existing approvals and subsequent applications to a previous approval may continue to be processed. As of September 7, 2007, the moratorium applied to all applications for new development within the City. The moratorium was modified on October 8, 2007 to exempt the platting of deeded one-family detached residential properties and the resubdivision of two or more record lots so long as the number of lots created equals the same number of lots. This same resolution also extended the expiration of the moratorium from December 15, 2007 to June 30, 2008. On April 14, 2008, the moratorium was further modified to allow for the filing of certain applications for setback variances and maximum lot coverage variances for single-family lots. The moratorium was further extended to September 30, 2008 by resolution No. 9-08, adopted on June 16, 2008.

The review of the comprehensive revisions to the zoning ordinance have continued since introduction in October, 2007. There was an extensive period of public outreach following the introduction. The Planning Commission held public hearings on January 23 and January 30, 2008, followed by numerous worksessions to review and analyze the submitted testimony. The Planning Commission forwarded a final draft revised zoning ordinance to the Mayor and Council on May 21, 2008. The public hearings before the Mayor and Council were held on June 16, 2008 and continued on June 30. Worksession were held through August 4, 2008, and further consideration of outstanding issues will commence on September 11, 2008. As a consequence, the moratorium will need to be extended during the Mayor and Council's hearing and review process.

Staff recommends that the terms of the moratorium continue to allow for the filing of variances, special exceptions not requiring a use permit, and minor subdivisions. Such applications are not affected by any changes proposed in the final draft zoning ordinance. Most variance applications involve residential properties, and do not have City-wide impact. Special exceptions that do not require approval of a use permit, such as child care centers, adult day care, and similar types of uses also do not have City-wide impact. Minor subdivisions, up to 3 lots, can also be considered for the same reasons.

Staff therefore recommends that the development moratorium be extended from September 30, 2008 to December 31, 2008 or to the effective date of the new Zoning Ordinance, whichever occurs first. This means that the effective date and the end of the moratorium can coincide, with the effective date set at adoption to allow for necessary updates to administrative processes and enactment of changes to other sections of the City Code prior to the effective date. The resolution also addresses the possibility that the new ordinance may be adopted prior to December 31 but is effective after that date, the moratorium would automatically be extended to the effective date. If the ordinance is not adopted by December 31, then a new resolution would be required.

Mayor and Council History
The Mayor and Council initially approved the moratorium on November 16, 2006. It was subsequently extended from December 15, 2007 to June 30, 2008 by resolution 10-07, and further modified by resolution 4-08 on April 14, 2008 and by resolution 9-08 on June 16, 2008, which extended the moratorium to September 30.

Public Notification and Engagement
The moratorium has been in effect in various forms since 2006. This simply extends the existing policy enacted in June 2008 that provided for certain exceptions.

Fiscal Impact
There is no fiscal impact associated with this agenda item.

Attachments
AttachA


Draft resolution to extend the moratorium

Department Head:



Susan Swift, Director of Community Planning and Development Services
Approved on: 09/17/2008

City Manager:

Scott Ullery, City Manager
Approved on: 09/18/2008