Agenda - Parks and Recreation Commission - 11/10/1994

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-. j CASE # REQUEST FORt PRELIMINARY PLAT APPROVAL OF TOWNHOUSES OF RUM RIVER HILLS; CASE OF WILBUR DORN AND THOMAS ANDERSON By: Zoning Administrator Sylvia Frolik Background: Wilbur Dorn and Thornas Anderson are requesting preliminary plat approval of "Townhouses of Rum River Hills" which is proposed to replat Lot 1, Block 2 and Outlot C, Rum River Hills, into 12 townhouse lots. The 12 units would be served by individual on-site septic systems and wells. Observations: On April 6, 1993i the Planning Commission reviewed a sketch plan for Townhouses of Rum River Hills. At that time, City Staff expressed concern with the proposal because it conflicted with the Comprehensi~.e Plan, the development regulations in the Rural Transition District, and its precedent setting riature. The Planning Commission recommended that City Council grant sketch plan approval contingent upon the developer accomplishing a number of items that would alleviate staWs concern with the proposal to develop higher density units without city sewer and water. On December 7, 1993, the developer approached the Planning Commission and reported that he could comply with all of the contingencies for sketch plan alSproval with one exception. Mr. Dom stated that it would be impossible to get a written favorable review from Metro Council. The Planning CommisSion recommended that City Council grant sketch plan approval to Townhouses of Rum River Hill~ absent of any favorable reviews from Metro Council. At the applicant's request, the sketch plan was not forwarded to City Council until March of 1994. On March 8, 1994', the City Council tabled the request for sketch plan approval and directed City Staff to develop c~teria to be used in reviewing proposals that deviate .from the 4 in 40 density rule and the comprehensive plan for extension of public utilities. On April 26, 19945 the City Council entered int'o an addendum to the Development Agreement for Rum River ttills Wherein the City affirmed its commitment to develop criteria that would permit futher consideration of Townhouses of Rum River Hills. On August 2 and August 9, respectively, City Staff presented the ex-urban review criteria to the Planning Commigsion and City Council. Both entities felt that the resolution was nebulous and a rewrite was necessary. On September 1,~1994, a memo was issued to City Council wherein City Staff advised that it would be in the City's best interest to deal with proposals that deviate from the 4 in 40 density rule [ . and the compreheSns~ve plan on a case by case basis rather.than attempting to follow criteria that cannot take into a6count every kind of scenario that might be presented to the City. On September 12, 1994, City Council approved the sketch plan for Townhouses of Rum River Hills and directed :the developer to apply for preliminary plat approval. In October, 1994, the City received the proposed preliminary plat and a public hearing was scheduled in front;of the Planning Commission for November 1, 1994. The following items are enclosed for your review and information: