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City Council meeting of May 3, 2004 <br />Page 6 <br />APPROVE VICTOR GARDEN 4T" ADDITION <br />POAC-Crain, LLC has proposed to construct 92 townhome units and plat three commercial lots for <br />future development. The property would be added to the Victor Gardens PUD. Staff recommended that <br />the City Council approve the comprehensive plan amendment from commercial to high density <br />residential for approximately 20 acres of the site, approve the rezoning to PUD as part of Victor <br />Gardens, and approve the Victor Gardens PUD amendment and preliminary plat for this request. City <br />planner Kendra Lindahl provided an overview of the project and stated that the Planning Commission <br />had considered this matter at its meeting of April 27, 2004, and by a 5-2 vote, recommended approval of <br />the application. The two no votes were cast because of a question of error for meeting publication <br />deadlines. City staff clarified the publication notice problem for Council and thanked the property <br />owner for making the error known to the City. Council member Haas stated that he has a private <br />business association with developer Len Pratt, and after consulting with City Attorney Dave Snyder, <br />whose opinion it was that there was not a conflict of interest, opted to not vote on any of these related <br />matters. MAYOR MIRON ARRIVED AT 8:30 PM. <br />Petryk made motion, Puleo seconded, to adopt RESOLUTION 2004-21 APPROVING A <br />COMPREHENSIVE PLAN AMENDMENT FOR VICTOR GARDENS 4TH ADDITION. <br />VOTING AYE: Granger, Petryk, Puleo, Miron <br />ABSTAINED: Haas <br />Motion Carried. <br />Puleo made motion, Petryk seconded, to adopt ORDINANCE 2004-389 AMENDING CHAPTER 320 <br />(ZONING) TO RECLASSIFY CERTAIN LAND FROM C-2 TO PUD FOR VICTOR GARDENS e <br />ADDITION. <br />VOTING AYE: Granger, Petryk, Puleo, Miron <br />ABSTAINED: Haas <br />Motion Carried. <br />Petryk made motion, Granger seconded, to adopt RESOLUTION 2004-22 APPROVING FINDINGS OF <br />FACT FOR REZONING FOR VICTOR GARDENS 4TH ADDITION. <br />VOTING AYE: Granger, Petryk, Puleo, Miron <br />ABSTAINED: Haas <br />Motion Carried. <br />Granger made motion, Puleo seconded, to adopt RESOLUTION 2004-23 APPROVING PUD <br />AMENDMENT FOR VICTOR GARDENS 4T" ADDITION. <br />VOTING AYE: Granger, Petryk, Puleo, Miron <br />ABSTAINED: Haas <br />Motion Carried. <br />