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Council continues conditional-use hearing for proposed multifamily development to June 2 amid moratorium questions
Summary
Council continued a conditional-use permit hearing for a multifamily proposal in an R2 zone to June 2 to clarify whether the city’s moratorium on processing multifamily applications applies to the conditional-use step and to avoid procedural challenge.
Council considered a conditional-use permit request to allow multifamily units in an R2 zone. Staff explained that a moratorium on accepting multifamily development applications in R2 was active for an initial six-month period, and that the moratorium’s language created uncertainty about whether accepting or processing conditional-use permit applications was covered.
Planning staff and legal counsel explained that a conditional-use permit is a distinct land-use action and that permitting and construction-stage approvals would still be constrained by the moratorium’s prohibitions on accepting or processing building permits. Because of the procedural uncertainty and potential exposure to challenge, legal staff recommended the safest course was to continue the closed-record hearing to June 2 so the council could keep the closed record open and avoid processing a matter that might conflict with the moratorium.
Council voted to continue the closed-record hearing until June 2; staff noted the moratorium's expiration and the city’s internal timing deadlines for land-use actions would factor into any rescheduling and that any later action would need to reflect applicable ordinance language and findings.
