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• <br />AGENDA ITEM 6 B <br />STAFF ORIGINATOR: Jeff Smyser <br />C. C. MEETING DATE: September 27, 2004 <br />TOPIC: i. Ordinance No. 22 -04 <br />Rezone From R -X to Residential Planned Unit <br />Development <br />ii. Resolution 04 -136 <br />Planned Unit Development Stage Plan/Preliminary <br />Plat, and Allocation of MUSA Reserve <br />iii. Resolution 04 -137 <br />Variance to Allow infrastructure Construction Prior <br />to Final Plat <br />Pheasant Hills Preserve 12th Addition <br />VOTES REQUIRED: <br />• BACKGROUND <br />• <br />3/5 for rezoning ordinance <br />3/5 for CUP/PUD/Plat/MUSA resolution <br />3/5 for variance <br />Mr. Ed Vaughan has submitted an application to develop property that includes an island <br />near Ruffed Grouse Road. This will require a rezoning from its existing Rural Executive <br />zone (R -X). Under the City's current ordinance, this will require a rezoning to residential <br />planned unit development (PUD) and the corresponding development stage <br />plan/preliminary plat. The project also will require allocation of MUSA reserve acres. <br />The project has been discussed since the original submittal in April 2001. A summary <br />timeline is attached at the end of this report. A petition for the preparation of an <br />Environmental Assessment Worksheet (EAW) prompted the City to require an EAW in <br />2002. This put the application review process on hold. The City completed the process <br />for an EAW with its decision that no Environmental Impact Statement is necessary. <br />Under the deadline law (MN Stat 15.99), the deadline period begins again after the <br />completion of a process required by statute. The negative declaration occurred August <br />9th. The 60 -day review period began again then, and expires on October 8th. The last city <br />council meeting before the deadline is September 27th. <br />The subdivision ordinance requires that a final plat approval must be obtained before <br />streets, water, and sanitary sewer infrastructure are constructed. Because of the City's <br />growth management limitations, the project cannot be final platted until 2005. The <br />MnDNR permit for constructing a bridge expires November 30, 2004. Therefore, a <br />