05/12/2004 P&Z Packet - Laserfiche WebLink

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Planning & Zoning Board April 14, 2004 Page 11 • allowable growth under the growth management policy. The variance requested is based • • on economic considerations and was supported by Mr. Hyden. Motion carried 5 -0. Mr. DeHaven requested the City sign stating a road would go through their property be removed. He stated they would not sell their property to the City for a road. E. Comprehensive Plan Amendment, Rezone, Preliminary Plat and MUSA Reserve Allocation for Fox Den Acres, Royal Oaks Realty, land east of Fox Road (dead end) Staff stated applicant has requested approval of a single family residential development called Fox Den acres. The comprehensive plan guides the site for low- density residential use and it is zoned R -1. The request also includes an amendment of the comprehensive plan and MUSA reserve allocation. This would allow the development to extend beyond the boundary of the area currently guided for development to provide for an additional eight lots. Staff noted there are several challenging design issues including a "ponding and flowage" easement, single access point due to past development design, the growth management policies, and wetlands. The City must consider these issues in the project design while acknowledging that that property is guided and zoned for development, and has been for some years. Staff stated the public hearing is for the comprehensive plan amendment and the preliminary plat. The allocation of MUSA reserve does not require a public hearing because such allocation must be in areas already designed for it under the comprehensive plan. Staff presented its analysis and recommended continuing this item for further information including the proposed plat extends beyond the stage 1 (pre -2010) growth area, the MUSA, the Low Density Sewered Residential land use area, and the R -1 zone. It would also require the vacation of a ponding and flowage easement. The proposed requested amendments to the comprehensive plan and zoning map to accommodate the extra 3 -4 acres of development. There is not clear justification other than to increase developable area. Staff does not yet know if water service is adequate. The traffic study is based on outdated road information and should be revised. A ghost plat must be created for property north of the proposed northern road stub. Staff stated this should have been noticed as a public hearing and he apologized to the applicant that this had not been done. He stated, however, that there were issues that needed to be resolved and he believed the outcome would still be the same. He indicated the proper notice would be sent out and this would be on the May agenda. Mr. Tralle inquired about the roadways crossing wetlands. He asked how would the water flowage through the wetlands would be addressed. Mr. Smyser replied this was a tough site and they wanted to fill various areas and they would need the approval of the Rice Creek Watershed to do that, but they would also mitigate the site. DRAFT MINUTES