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COUNCIL MINUTES JUNE 14, 2004 <br />APPROVED <br />430 <br />•431 City Planner Smyser reviewed the request, indicating most of the project is within the MUSA, <br />432 however a small portion is outside the MUSA, which is why additional MUSA will be needed. He <br />433 indicated the same is true with zoning, whereas 40 acres is zoned R-1, and 4-5 acres are zoned Rural. <br />434 <br />435 City Planner Smyser reviewed the site plan thoroughly, indicating Staff is recommending denial of <br />436 the project for the following reasons: <br />437 o The City's growth management policy and subdivision ordinance prohibit development <br />438 outside of defined growth boundaries. The proposed plat extends beyond the stage 1 <br />439 growth area, the MUSA, the Low Density Sewered Residential land use area, and the R-1 <br />440 zone. The proposer requests amendments to the comprehensive plan and zoning map to <br />441 accommodate the extra acres of development. It also would require the vacation of parts <br />442 of a ponding and flowage easement. There is no clear justification for these actions other <br />443 than to increase developable area. <br />444 o Section 1002-6 of the subdivision ordinance lists criteria for determining if a proposed <br />445 development is premature. These include consistency with the land use plan, including <br />446 the staged growth area boundaries. A project that is inconsistent with these criteria is <br />447 premature. <br />448 o We do not yet know if water service is adequate. If it is not, the project is premature. <br />449 <br />450 Councilmember Carlson asked about the length of the cul-de-sac. City Planner Smyser showed the <br />451 proposed road layout, noting that at some time the road would connect and would no longer be a cul - <br />452 de -sac; however until then it would be very long. <br />453 <br />•454 Mayor Bergeson asked if only the 40 acres were being proposed, and the units outside the growth <br />455 lines were not there, if Staff's recommendation would be different. City Planner Smyser indicated it <br />456 would, because the major issue is that it exceeds the growth boundaries. <br />457 <br />458 Councilmember Dahl asked for clarification on how much Staff sees the one ingress/egress as an <br />459 issue. City Planner Smyser stated the problem is the neighborhood to the west was not done properly, <br />460 and showed where the road should have been stubbed so it could connect to the parcel in question. <br />461 He indicated the problem was not created by this owner, and to say there is only one access point so <br />462 this parcel cannot develop is not appropriate. <br />463 <br />464 Councilmember Dahl questioned if the parcel below this would be developed soon. City Planner <br />465 Smyser advised it is intended to remain un-sewered through the 2020 plan. <br />466 <br />467 City Planner Smyser briefly discussed the greenway situation noted by the Environmental Board. He <br />468 advised it is really a conceptual greenway, and it is not realistic to think they will get all of the <br />469 greenway, but he feels some would be appropriate. <br />470 <br />471 Councilmember Stoltz asked for clarification on the rules concerning the applicant coming back with <br />472 another plan. City Planner Smyser indicated the zoning ordinance says that if a conditional use <br />473 permit or re -zoning request is denied the applicant cannot come back for a year. He noted the <br />474 subdivision ordinance does not have that provision, so if the applicant came back with a plan that <br />475 does not require rezoning he would not have to wait. <br />•476 <br />10 <br />