09/27/2004 Council Minutes - Laserfiche WebLink

Home Search

COUNCIL MINUTES SEPTEMBER 27, 2004 APPROVED 240 Councilmember Stoltz noted most of the Council has been quite conflicted on this matter. He ‘11,41 expressed thanks to Staff for handling the twists and turns over a long period of time. He stated there 242 are a number of things to consider, and while his heart and head votes no, after discussion with Staff 243 and legal council he is not sure how to proceed. 244 245 Councilmember Dahl indicated she is of the understanding that although the zoning is changing from 246 rural executive that these will be upscale homes. Mr. Vaughan indicated he believes the package deal 247 should be about $1 million each. He stated the smallest lot is a little over a half acre. 248 249 Mayor Bergeson stated one issue they need to deal with is the net public benefit. He indicated 250 typically when they have a PUD there is some give and take, and in exchange for not holding the 251 developer to the letter of each ordinance the expectation is there would be some public benefit. He 252 hopes they will get that in this case. 253 254 Councilmember Reinert commented he has been both for and against this project as it has moved 255 through. He knows there is a neighborhood not happy about the development, but he has always said 256 if the developer went through all of the necessary processes there may be an approval, although it is a 257 difficult decision. He noted the improvements to the plans that have taken place over the last four 258 years for the better. 259 260 Councilmember Dahl voted yea. Councilmember Carlson voted yea. Councilmember Reinert voted 261 yea. Councilmember Stoltz voted yea. Mayor Bergeson voted nay. 262 .63 Ordinance No. 22-04 can be found in the City Clerk's office. 64 265 ii. Consideration of Resolution No. 04-136, Planned Unit Development Stage Plan / 266 Preliminary Plat, and Allocation of MUSA reserve 267 268 Councilmember Carlson moved to adopt Resolution No. 04-136, approving an application for a 269 Residential Planned Unit Development Stage Plan/Preliminary Plat, Allocation of MUSA Reserve, 270 for the proposed Pheasant Hills Preserve 12th Addition, with a correction to Finding #1 to show Ed 271 Vaughan Development, and with the following conditions: 272 1. Erosion control and tree protection measures must be installed before grading begins on the 273 project, as required by City ordinance. 274 2. Individual custom grading on each lot will be examined to minimize impacts to the existing 275 topography and minimize other impacts to the environment. 276 3. The construction of rainwater gardens in individual lots will be used if possible, increasing 277 infiltration of stormwater runoff. 278 4. A delineated preservation area on the north side of the island will be clearly marked during 279 clearing and construction on the site. Care will be exercised to not damage valuable trees or 280 disturb designated buffer zones. This area will remain in a natural state. Covenants will be 281 used so property owners cannot remove vegetation in this area. Monuments will be posted 282 delineating this area. Drainage from the rear of the homes will travel through this area 283 allowing infiltration and reducing runoff. The project approval will include a mechanism such 284 as covenants or a conservation easement to protect this area. 285 5. Covenants shall be included in homeowners' association documents to prohibit the use of 086 phosphorous on the lawns. 6