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COUNCIL MINUTES FEBRUARY 24, 2003 <br />APROVED <br />• 1 <br />2 Mayor Bergeson stated he had no problem as long as the appeal process was clear. Councilmember <br />3 Carlson stated she prefers things as public as possible but could compromise. Councilmember <br />4 Reinert stated they could review further at the next work session. <br />5 <br />6 City Planner Smyser advised there has been a section in the zoning ordinance that talks about minor <br />7 subdivisions, and they are deleting that section from the zoning ordinance. He indicated that on page <br />8 2-39 they put in new requirements for PUDs, indicating that the process covers both commercial use <br />9 PUDs and rezoning PUDs, noting, however, that rezoning would be mixed use. He pointed out the <br />10 wording that would allow rural clustering as a PUD, and not require rezoning, and stated this removes <br />11 30 to 60 days off the time needed to approve. He stated rural clusters would only be allowed outside <br />12 the Stage 1 and Stage 2 growth areas, in areas designed to be long-term open areas, whereas Stage 1 <br />13 and 2 are designed to have city sewer and water in the near future. He stated urban PUDs would be <br />14 allowed in the R-1, R-2 and R-3 districts. <br />15 <br />16 Mayor Bergeson stated that Staff and the City Council have the conception that a PUD is appropriate <br />17 when give and take between the City and the developer takes place and they both get things they <br />18 want. He indicated sometimes it is interpreted by applicants that this is a mechanism for them to get <br />19 what they want. He stated he does not know how to clarify the concept in the ordinance, but would <br />20 like to put in some language to that intent. City Planner Smyser stated that open space requirements <br />21 are what the City Council is looking for, and the reason the City Council is interested is to preserve <br />• 22 open space. Mayor Bergeson stated that in that scenario it is self-evident, but in some other PUD <br />23 situations it is not that clear. <br />24 <br />25 City Planner Smyser stated that page 2-44 says a minimum of 50% of land shall be devoted to open <br />26 space, which is what the public gets in return. He added that for urban subdivisions, the open space <br />27 requirement is similar, and on page 2-48 it also says 50% of land in subdivisions shall be open space. <br />28 He indicated this was a clear trade for allowing subdivisions. <br />29 <br />30 City Planner Smyser advised that on page 2-47 at the end where it starts with requirements for urban <br />31 subdivisions, Staff needs to add the language that the sewer management program is allowing for <br />32 newer designed common septic systems, however if that occurs, the City will require the property's <br />33 association to be responsible for maintainance, and if not maintained and not fixed by the association, <br />34 the City has the right to fix it and assess the property owners. He stated this is a big health issue, and <br />35 this requirement would be a condition of approval and would be in the association agreement. <br />36 <br />37 Councilmember Carlson asked if when City Planner Smyser was finished with Section 2, the Council <br />38 could move to the commercial section, specifically the Neighborhood Business piece, noting that only <br />39 the ordinance is on the agenda, not a specific development. She added, however, that they will <br />40 discuss the Planning and Zoning recommendation, and that service stations not be included in NB and <br />41 how motor fuel stations should not be located at certain intersections. <br />42 <br />.43 Mayor Bergeson clarified that they would discuss the recommendation to remove motor fuel stations <br />44 from the Neighborhood Business district, but would not be discussing any specific sites or <br />20 <br />