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• <br />• <br />Planning & Zoning Board <br />December 11, 1996 <br />Page 6 <br />to identify issues that need to be addressed. Rice Creek Watershed District is <br />exploring changing control requirements from the rate of flow to volume. <br />Chair Schaps declared the public hearing open at 7:02 p.m. <br />Mr. Patrick Simon stated that with 42 percent of green space, the project will be <br />attractive. Twin City Townhomes is an award winning builder, and he believes <br />the City will be proud of this development. He thanked staff and the Board for <br />their cooperation and support, especially with the modification for the county <br />road access agreement. <br />Mr. Robinson made a MOTION to approve the preliminary plat and planned <br />development, subject to the conditions and recommendations outlined within the <br />staff report, with the exception of condition No. 11. He was supported by Herr. <br />Motion carried unanimously, 7 -0. <br />B. 96 -35 CUP, Hokanson Development, Marshan Condo's, PUBLIC HEARING, <br />Aqua Lane and Lake Drive <br />Mr. Brixius stated that in June 1995, the City formally approved the Marshan <br />Lake Condominiums located at Highway 49 and Aqua Lane. The initial phase <br />was approved as a condominium project under state shoreland regulations. Part <br />of that approval included additional buildings identified as a second phase. The <br />total number of units that could be accommodated under the new shoreland <br />regulations would be 136. The plan shows 139 units, but five will not be built. <br />The total of 134 units complies with the density standards for the shoreland <br />regulations and is consistent with the previously approved concept plan. Under <br />shoreland regulations, a multiple family development is considered through a <br />PDO. The total size of the site is 30.5 acres with 4.4 acres of street easements <br />and 3 acres of dedicated park land. There is a 5 -acre portion proposed for <br />commercial development, but there has been no commercial application up to <br />this time. The maximum density is 15 units per acre, and this development is 7 <br />units per acre. The building elevation and requirements and parking are the <br />same as in the first phase. <br />Mr. Brixius explained that the City PDO ordinance requires that 50 percent of the <br />project area be open space. With the application of this performance standard, <br />the 35 percent impervious surface standard for condominium development does <br />not apply. This interpretation has been verified by the DNR. He does not <br />believe this additional development will be harmful to water quality and will be in <br />accordance with the criteria of the Lino Lakes Water Management Plan. Staff is <br />recommending approval with the following conditions: <br />• 1. Phase II structures are found to comply with applicable R -4 District <br />height requirements. <br />