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Attachment E Regular City Council Meeting Monday, Apra121, 2014 Page 15 Councilmember McGehee expressed appreciation for the work done by the appli- cant in platting; and was personally sorry that the City didn't have an existing tool to make this work for the applicant more quickly. However, Councilmember McGehee stated that she couldn't agree to LDR-2, and suggested staff should have polled the City Council before the application got this far. Councilmember McGehee questioned Mr. Johnson on what would happen if the original platting could be made to work and the process was expedited for the property to remain LDR-1. Mr. Johnson expressed the applicant's willingness to apply covenants or deed re- strictions stating that no duplexes or townhomes could be built on the parcels, on- ly single-family homes. At the request of Councilmember McGehee, City Attorney Gaughan advised that deed restrictions would run with the land; however, he noted that he was not cer- tain the City could condition approval on that restriction. If the City Council decided to table action tonight, Mayor Roe advised that they would need confirmation on that by the City Attorney. Councilmember Willmus expressed concern that if a majority of property owners got together, they could void a covenant; and while deed restrictions carried more weight, it may become more troublesome. Councilmember Willmus opined that he found this discussion regarding rezoning issues, while having this plat in front of the body, troubling as well; and suggested that the City Council look at it in the context of rezoning with all that entails and whether they were comfortable in do- ing so. Drawing from his personal conclusions, Councilmember Willmus state that he was not happy doing so; and if the City Council were to take action on this tonight, he would need to vote in opposition. If that was the majority rule, Coun- cilmember Willmus noted that the applicant could return with a planned unit de- velopment (PUD) process, which he could support as that provided an available tool that would protect the City from the potential of having two-family attached or detached homes. City Planner Thomas Paschke opined that, when talking about tools, the recently updated Comprehensive Plan and Zoning Code provided that available tool in the revisions and allowances made. Mr. Paschke further opined that, absent having LDR-2 zoning, the PUD did nothing, as LDR-2 zoning would need to be elimi- nated and a PUD process created, but predicated on something allowing the City Council to do so, for a unique development design. Mayor Roe recognize that tools were available, but he was unsure LDR-2 was ac- tually in the toolbox; and in his review of the Subdivision Code and lot standards, Page 3 of 6