Agenda - Planning Commission - 11/01/1994

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CASE REQUEST FOR 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 Thomas 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, 1993, 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 Comprehensive Plan, the development regulations in the Rural Transition District, and its precedent setting nature. The Planning Commission recommended that City Council grant sketch plan approval contingent upon the developer accomplishing a number of items that would alleviate staff's 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 approval 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 Hills absent of any favorable reviews from Metyo 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 criteria to be used in reviewing proposals that deviate from the 4 in 40 density role and the comprehensive plan for extension of public utilities. On April 26, 1994, the City Council entered into an addendum to the Development Agreement for Rum River Hills wherein the City affirmed its commitment to develop criteria that would permit luther 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 Commission 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 comprehensive plan on a case by case basis rather than attempting to follow criteria that cannot take into account 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: