01/12/1981 Council Minutes - Laserfiche WebLink

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January 12, 1981 Mr. Kulaszewicz presented his concerns over the number of ponding areas that are being required by Rice Creek Watershed Board to be constructed within this City. Mr. Jaworski moved to approve the Special Use Permit subject to detailed land- scaping plan; the plat to include adult recreations areas; screening form ad- joining residences to soften the sight line. Seconded by Mrs. Elsenpeter. Mrs. Elsenpeter amend the motion to include "that any landscaping be approved by the Council, Recreation areas to be approved by Council; that each quad'exterior is to vary for the pthers; there be a restrictive covenant be included in an As- sociation to be formed to cover maintenance and b.u1Idi.n.g standards for the future; this restrictive covenant to include lighting, outside storage, landscaping and any other items in this category to be dealt with in the future and the establishment of the Association to be approved by City Council. There is to be presented to the Council a phasing program established by the developer so that the Council is aware of how buildings will go in and what landscaping will be done as the phasing occurs. Mr. Jaworski seconded the amendment. Mr. Schumacher asked if there would be a performance bond required and Mrs. Etsenpeter added this requirement to her amendment to insure the conditions imposed on this Specia4 Use Permit would be adhered to. Mr. Jaworski accepted this additional amendment. Mayor Gourley recapped the findings as presented at this hearing; 1) Professional testimony from the Attorney that the land was platted and approved 1970/73; the Council is considering the Special Use Permit at the direction of the Court; this Council reviewed all Special Use Permits in the summer of 1980 - some were con - tinued, some were cancelled; this land was approved for townhouse construction in 1972; this Special Use Permit was reaffirmed in July, 1980; this Council has approved the preliminary plat for quads for these outlots; on the _Resolution passed re- affirming the Special Use Permit #27, the Council vote was unanimous; per the City Planner, Special Use Permits may be issued in any District; traffic concerns were answered in that there would be little, if any, impact_on Birch Srreet; the land use is inconsistent with the Comprehensive Plan, but the project is consistent with the policies and goals of the Plan; Park needs are satisfied with the 22 acre land dona- tion to the City which was for the entire area of Country Lakes; sewer is available and capacity is adequate; this area should be landscaped to be consistent with the neighborhood; the density is 230 persons for quads and 207 for single family homes; the building coverage of the land per acre is approximately the same; the height of the building meets the R -1 requirements; with certain restrictions and limitations' a quad project could be developed without significantly disrupting the Comprehensive Plan; the Engineer had testified that both the sewer and water systems are adequate for the project daily use, noting that the water system is not adequate for fire flow at the present time and the development of the project would have no real bearing on this problem and that streets can be constructed in this area. Mayor Gourley amended the motion and the amendment to include approval of Rice Creek Watershed District on the drainage and that the Lake Shore access not be developed in any manner. Mrs. Elsenpeter accepted this amendment to her motion. Mr. Jaworski accepted the amendment to his second. On the vote Mayor Gourley, Mr. Jaworski, and Mrs. Elsenpeter voted in favor of the motion; Mr. Kulaszewicz and Mr. McLean voted against the motion. Motion carried. Mayor Gourley opened the hearing on the rezoning for Wollans Estates at 11:46 P.M. There was no one in the audience who came to speak for this request. Mr. McLean