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Residents press town on enforcing owner-occupancy rule in Maplegate PUD
Summary
Mill Creek HOA president and a resident told the plan commission that sales staff at the Maplegate townhome project said units could be sold to investors and rented soon, raising questions about enforcement of PUD ordinance No. 1831 requiring initial owner-occupancy; town staff said code enforcement and legal will be consulted.
Two residents raised concerns at the Feb. 18 meeting about whether the developer of the Maplegate townhome project is complying with a PUD requirement that initial units be owner-occupied.
"How does the enforcement of that happen from the town's perspective?" asked Matt Roer, president of the Mill Creek Master HOA, during the public-comment period. Roer said he had met with the builder's sales staff to ask whether the units would be sold to investors and immediately rented, and he sought clarity on how the town tracks or enforces the PUD requirement.
Town staff acknowledged the enforcement challenge and said that code enforcement and legal would be consulted to determine appropriate procedural steps. "I can discuss with legal and see what we can do procedurally on that one," a staff member said on the record.
Ed Morrison, a resident, reported he had contacted sales staff and met an on-site superintendent who, Morrison said, indicated investor sales could begin when construction next advances in March. Morrison said he recorded that conversation and provided the commission with a copy of PUD ordinance 1831. "The first week I received the right talked to a woman, and she said yes," Morrison said, recounting earlier calls; he later told the commission a site superintendent answered "yes" when asked if investors could buy to rent.
Commissioners and staff described enforcement as primarily a code-enforcement function, noting limitations to continuous monitoring of listings and sales. Staff suggested pursuing legal and procedural options and using the existing code-enforcement officer to respond to observed violations. The comments did not result in a formal enforcement action during the meeting; staff said they would follow up.
What comes next: Residents said they will follow up with staff and continue to monitor sales activity; the town said it would consult legal and consider procedural options to ensure compliance with the PUD.
