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measures such as require surmountable curbs and no disturbance (i.e. no cutting of grass) of <br />nesting areas. <br /> <br />He said that the City Staff recommends preliminary plat approval subject to compliance with <br />City Staff Review Letter dated December 28, 2001, and rezoning the parcel to R-l, R-3U, and <br />MR. <br /> <br />Citizen Input <br /> <br />Mike Black of Royal Oaks Realty stated his company was here last June with the same proposal <br />and the Planning Commission recommended approval at that time. At the subsequent City <br />Council meeting, they withdrew the application to rezone and have been working closely with <br />Staff since then. He sought to highlight some of the changes to the plan over the previous plan. <br />He explained it is no longer proposed as a PUD. He said the plan reflects compliance with land <br />use categories established in the new Comprehensive Plan. Mr. Black stated there is a reduction <br />in the overall density of the development. The type of townhomes was a concern but now they <br />are offering two different plans. They have added some open space, which the Council had <br />asked for. The corridor is widened along the open space by the trail. By doing so, the grading is <br />more limited in that area. Mr. Black stated his firm listened to the City's concerns regarding <br />townhouse site plans and access to townhouses. The previous comments made by the <br />engineering staff regarding the orientation of the townhouses relative to the road are satisfied. <br />He commented that they are confident any remaining issues can be worked out. Mr. Black stated <br />his company strongly believes in tree preservation. They will begin grading and cautiously move <br />to take out the trees. Then they will look at the significant trees with the City Forester. He stated <br />they have submitted a detailed plan. <br /> <br />Commissioner Sweet questioned if Royal Oaks Realty is amenable to doing the biological review <br />that has been recommended by Pro-Source. <br /> <br />Mr. Black said they would be. <br /> <br />Commissioner Sweet questioned why the developer is requesting to borrow density from the <br />apartment area rather than comply with the density requirements of the townhome area. <br /> <br />Mr. Black explained that the Comp Plan calls for a larger area to be utilized for high density than <br />what their plan is showing. They would be allowed more units than they are proposing if they <br />followed the land use district alignments of the Comprehensive Plan. <br /> <br />Commissioner Johnson suggested that the protection that is put around the drainage ponds <br />should be making them more attractive especially for the person that is immediately adjacent to <br />it. Mr. Black replied they are willing to do that. <br /> <br />Planning Commission/January 3, 2002 <br /> Page 8 of 18 <br /> <br /> <br />