2007.10.11 PC Minutes - Laserfiche WebLink

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Planning Commission Minutes — October 11, 2007 Page 5 McRoberts questioned what would happen if a third party easement could not be found, and he wanted to strengthen the language in the ordinance to state that failure to find a third party easement holder would prevent the development from happening. Schumann said he could not support that because it was possible they may not find someone to agree to be the third party easement holder. He suggested a list be created of third party arrangements that would be acceptable to the City, and the property owner would need to show they had done their due diligence in trying to find one. Schumann reconvened the public hearing. There were no comments, and Schumann closed the public hearing. Moore asked if the entire lot had to be buildable. The CDD said only the building site and septic area had to be buildable. Schumann made motion to recommend approval of the ordinance allowing individual or shared drives up to 1/4 mile long and 16' in width with a turnaround or hammerhead, density at eight units per forty acres, open space would not have to be buildable, and if an owner could not find a third party easement holder after due diligence, the development could still happen. Motion died for lack of a second. Kleissler commented that the City did not need an ordinance to preserve swamp that could not be built on anyway. McRoberts said criteria for finding a third party easement holder to be acceptable needed to be stated. Schumann objected to the requirement that it needed to be accepted by a third party. Schumann made motion, Bailly seconded, to approve the ordinance adding the condition that it must be shown in writing that due diligence was done in finding a third party easement holder. Aye: Bailly, Schumann Nay: Moore, Kleissler, McRoberts Motion failed. Adiournment McRoberts made motion to adjourn at 10:10 p.m. All Ayes. Motion carried. Michele Lindau, Secretary Planning Commission