08/08/1994 Council Minutes - Laserfiche WebLink

Home Search

CITY COUNCIL MEETING Board did not agree with his recommendation. AUGUST 8, 1994 Mayor Reinert asked if the development were to be approved with all R -1X lots, would all the lots then meet all R -1X standards. Mr. Brixius said, the plat showing 104 lots would meet all standards. Mayor Reinert noted that one aspect of the PDO is that the City Council could require a buffer to lessen the impact to the adjoining large lots. Mr. Brixius said the PDO requirements would be recorded with the plat. Mayor Reinert noted that if the City Council were to approve the R -1X concept, the Holly Drive requirements would have to be made a part of the approval. Mr. Brixius said this is true, it would not make a difference if the plat were 116 lots or 104, the impact on Holly Drive would be the same. Mayor Reinert asked what were the reasons for denial by the Planning and Zoning Board. Mr. Brixius said his general impression is the they did not like the PDO concept and felt that the PDO was not a way to provide flexibility but a way to circumvent the ordinance requirements. Mr. Brixius said he did not share this opinion. He outlined other reasons given for denial of the PDO. Mayor Reinert read a portion of the minutes of the Planning and Zoning Board including Mr. Corson's statement as follows: "if the PDO is not an option, it should not have presented as such". Mayor Reinert asked what Mr. Corson meant by this statement and asked him to respond when he presented the preliminary plat. Mayor Reinert noted that the minutes seem to indicate that if a straight R -1X plat had been presented, the Planning and Zoning Board would have voted unanimously to approve it. Mr. Brixius said he felt that this was correct. Council Member Bergeson noted that Mr. Brixius had stated that if the City Council denies this request, findings of fact would have to be developed. He asked if this was required of a PDO request. Mr. Hawkins said yes, a PDO is the same as any other zoning district. Council Member Neal noted the area is currently zoned R -1X and asked if the process to zone the area to R -1X was done properly. Mr. Hawkins said he felt that the City did go through the proper process and the current zoning is R -1X. Mr. Hawkins said he will review the allegations presented by the attorney hired by the surrounding landowners and will prepare an answer. Council Member Neal asked if Mr. Miller was City Planner at the time the current zoning was proposed. Mr. Brixius said that the PAGE 14 1