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COUNCIL MINUTES JANUARY 12, 2004 APPROVED 1 el 2 Mr. Fuchs stated that as a result of the new Comprehensive Plan, their property zoning changed from 3 high to medium density. He stated they felt that was an error so they submitted an application for 4 rezoning and believe it meets all the parameters of the Ordinance. He explained that the Marshan first 5 phase allowed up to 14 units for Tier 1, 8.1 units for Tier 2, and 9.4 units for Tier 3, at 14.55 units per 6 acre. He asserted that the City said the overall density is 6.41 acres and he questioned if the 7 Comprehensive Plan said 3-6 units per acre with medium density. The existing Marshan is 6.4 which 8 is clearly high density. Mr. Fuchs explained that in the future, Marshan will be designed to meet the 9 Zoning Ordinance and the rational of the request accommodates the density goals of Code, conforms 10 to all criteria of the Comprehensive Plan, is bounded by higher density to the north, east and west, 11 with commercial to the south, so the proposed change is logical and harmonious to the City's general 12 plan. 13 14 Mr. Fuchs referenced several pages of the Comprehensive Plan where Marshan is and is not included 15 within the Plan. He noted the site utilized existing utilities and parks were dedicated and built as part 16 of this area as well as trails that were built along the roadways and lake. They also stubbed streets for 17 future development and built storm water retention ponds to facilitate the needs of this project. Mr. 18 Fuchs explained that in utilizing the development for densities, the infrastructure was built to 19 accommodate that and does not result in waste of infrastructure of public facilities. He suggested 20 their application will improve the variety of housing choices, the development is not environmentally 21 detrimental, and it utilizes existing infrastructure. In summary, Mr. Fuchs requested the City approve 22 the amendment to the Comprehensive Plan. 23 24 Councilmember Dahl asked if Mr. Hokanson and Mr. Fuchs received the January 9, 2004 • 25 memorandum. City Planner Smyser answered in the affirmative. 26 27 Robert Boler, Vice President of Marshan Lake Townhouse Association, read a prepared statement 28 indicating their Association opposes this property being rezoned to high density for a lot of reasons. 29 He stated their Association is not high density in the way Mr. Fuchs is considering to use their four 30 acres which would be twice the units per acre as they have. Mr. Boler stated on August 13, 2003 this 31 item was before the Planning & Zoning Board and was recommended for denial. The Environmental 32 Board recommended denial on December 3, 2003. He explained that the Planning & Zoning Board 33 recommended denial a second time in August and City Planner Smyser recommends the amendment 34 be denied. Mr. Boler stated the Marshan Lake Townhouse Association respectfully recommends and 35 requests that the City Council deny Mr. Hokanson's proposal. 36 37 Mayor Bergeson asked for a short break in this consideration to recognize the attendance of members 38 of Boy Scout 692 39 40 Councilmember Reinert moved to adopt Resolution No. 04-01, Denying an Application for a 41 Comprehensive Plan Amendment. Councilmember Dahl seconded the motion. 42 43 Councilmember Dahl stated she was not able to respond to people who called her but did make note 44 of the 14 messages she received in the last few days. She stated all were in opposition. 45 46 Councilmember Dahl read one message she received about staying with the Comprehensive Plan and 47 that they are not stacked on top of each other and have a lot of open space. She stated she thinks Mr. • 48 Hokanson gave it to Staff in a way that it would not have a lot of open space. 7