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• <br />• <br />• <br />Planning & Zoning Board <br />May 11, 1994 <br />Mr. Schones stated that he was uncomfortable with the PDO and <br />cluster type housing. He then asked if we followed the <br />guideline of the R -1X Zoning District, how many lots would <br />result. Mr. Brixius indicated that overall maybe 3 -4 lots <br />would have to be eliminated. He added that the result may be <br />less appealing overall than the plan submitted. <br />Al Robinson asked if there was such a things as a cut & dried <br />approach to a PDO. Mr. Brixius explained that it is up to the <br />discretion of the P & Z as to what percentage of flexibility <br />they are comfortable with. <br />Mr. Landers asked what kind of change occurred with the <br />wetland delineation. Mr. Corson explained that the original <br />delineation was modified slightly on the eastern edge of the <br />plat. <br />Kathy Nordine asked if any wetland would be filled. Mr. <br />Corsan explained that 11 /100's of an acres would be filled for <br />roadway purposes and the RCWD has approved the mitigation <br />plan. <br />CONTINUATION OF PUBLIC HEARING 7:25 p.m. <br />Mr. John Grzybek, Attorney representing the neighborhood, was <br />present. He indicated that there was some question regarding <br />the notification to the general public on the MUSA changes. <br />It appears that the 1994 notice concerning the rezoning from <br />R -1 to R -1X was proper and correct. He stated that the <br />developer had told the neighbors that there would be 90 to 100 <br />homes in the development. He indicated that the wetlands will <br />be affected if they are part of the property owners back yard. <br />He suggested a buffer of between 15 and 20' between the <br />property line and the wetland. He also suggested prohibiting <br />any chemical use that would affect the wetland and a <br />restriction filed with the property. He stated that we have <br />an obligation to protect the wetland. <br />Mr. Mesich asked if it was his intention to bring some action <br />against the City regarding this case. Mr. Grzybek indicated <br />"not at this time ". <br />Mr. Robinson asked if Mr. Grzybek could site a proven case of <br />pollution by fertilizer use. He could not. <br />Chairman Schaps asked if Mr. Gryzbek thought it was <br />constitutional and reasonable to impose a ban on 350 people in <br />this development against the use of chemicals on their lawn <br />3 <br />