Agenda - Council - 03/13/2001 - Laserfiche WebLink

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-24- lmrses on property that includes 2.5 acres of owned property and four acres of lease land based on the Findings of Fact #. Motion Carried. Voting Yes: Acting Chairperson Johnson, Commissioners Wivoda, Reeve, and Watson. Voting No: None. Absent: Chairperson Nixt and Commissioner Kociscak. Case #5: Reconsider Request for Preliminary Plat and Site Plan Approval of Orchard Hills; Case of Homestead Multi-Family DeVelopment Community Development Director Frolik stated that Mike Schneider of Homestead Multi- Family Development applied for preliminary plat and site plan approval of a 42 for-sale townhome development on the property located south of 153rd Avenue NW. and Bill's Superette and east of St. Francis Blvd. (State Highway #47). On December 5, the Planning Commission conducted a public hearing and recommended Council approval of the preliminary plat and site plan for Orchard Hills. The plat did not implement the density transition requirements of City Charter Chapter 14. However, the Subject Property would have been exempted from density transitioning in the proposed ordinance that would establish that requirement in the Zoning and Subdivision Chapter of City Code, which ordinance the Planning Commission forwarded to City Council for adoption. On December 19, the City Council did not adopt the density transition ordinance. When the Orchard Hills development proposal was presented to City Council on January 9, the City Attorney advised the City Council to refer the Orchard Hills cases back to the Planning Commission to document discussion of the Charter requirement as it pertains to Orchard Hills and reasons for proceeding with the plat. Accordingly, City Staff has drafted findings of fact to document that the City Charter requirement for density transitioning was addressed. The findings of fact document that all versions of the draft density transition ordinance propose to exempt properties that were zoned for multi-family residential prior to the Charter amendment, provide the option for persons owning land adjacent to a development project to waive the density transition requirements if they feel it is not necessary, and recognize that the configuration of a parcel may make compliance with density transitioning impractical. The Orchard Hills property was zoned for multi-family prior to the Charter amendment, adjacent land owners have not objected to the proposed development, and the shape of the property makes compliance with the Charter requirement for a 1,000 foot graduated density transition plan impossible. Steve Slettner, Tec Design, stated that the City Council had a couple of concerns regarding the plat. One concern had to do with outlot A and making sure that no access would be granted from T.H. #47, which is not the intent of Bill's Superette. The developer is being trapped by the Charter Amendment and delay in the adoption of the density transition ordinance. The density transition ordinance discussion has always allowed an exemption for existing zoned multi-family zonings. The plat was sent back to the Planning Commission in order for the Charter Amendment implications to be addressed. The other issue had to do with concerns of residents regarding the increase in traffic. After the Planning Commission meeting the developer rnet with many of those residents to explain the extension of Cobalt Street and after that meeting those residents are now in favor of the project, but that information was not reflected in the minutes for Planning Commission/February 6, 2001 Page 8 of 10