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Review File: North Fork Meadows <br />Sketch Plan and Conditional Zoning Amendment <br />October 6, 2017 <br />Page 3 of 4 <br />Residential development transitioning is required for this project, as is it adjacent to an existing neighborhood <br />within the R-1 Residential (Rural Developing) District. Density transitioning is guided by City Code Section <br />117-110. The project site is currently located within the R-1 Residential (MUSA) District, and is adjacent to an <br />existing neighborhood in the R-1 Rural Developing District. Per Subd. (c)(2)(a)(2), transition is required. <br />However, the City is able to negotiate the attainment level through the PUD process. The City shall have the <br />authority to make a determination on the proper attainment level if determined necessary. There are three (3) <br />options for density transitioning for this project. <br />1. Match Existing Lot Size <br />2. 35 foot wide buffer yard with a berm and following planting schedule per 100 feet <br />a. 4 overstory trees <br />b. 4 evergreen trees <br />c. 4 understory trees <br />3. 45 foot wide buffer yard without a berm and following planting schedule per 100 feet <br />a. 8 overstory trees <br />b. 8 evergreen trees <br />c. 8 understory trees <br />The Developer has chosen Option 3. This appears reasonable based on discussions with the adjacent <br />neighborhood and utilization of the PUD. <br />Planned Unit Development <br />In order to provide maximum flexibility, PUDs are not required to meet typical zoning code standards when <br />specifically approved as part of the PUD. As stated, a PUD requires a public benefit that has a nexus with the <br />level of change. Standards for PUDs are found in City Code Section 117-123. The Developer is responsible for <br />reviewing these standards and contacting Staff in writing if there is any clarification needed. <br />Conditional Rezoning Agreement <br />The Developer has requested that the Zoning Amendment be approved prior to Final Plat. In order to <br />accomplish this goal, the Developer must enter into a Conditional Rezoning Agreement. City Code Section <br />117-123 (Planned Unit Development District) requires certain plan sheets similar to a Preliminary Plat. Those <br />have not yet been provided by the Developer, whom desires to defer these requirements until after a Zoning <br />Amendment is approved. This was raised as a concern during previous review. The Zoning Amendment will <br />be conditioned upon substantial compliance with the Sketch Plan dated September 18, 2017. <br />The CRA shall include the following: <br />1. Agreement to lay out, develop and maintain the subject property as presented in the accompanying <br />preliminary plat or site plan. <br />2. Provision to allow the city council to commence rezoning of the subject property to the previous <br />zoning district if the preliminary plat or site plan is not adhered to. Said zoning change shall not be <br />contested by the subject property owner or parties to CRA. <br />3. Additional standards may be included to protect the health, safety, and general welfare of surrounding <br />land uses. <br />It is noted that this scenario increases certain risks to the City (real and perceived). While the City has some <br />concern with this approach, we feel this can be mitigated with the proper agreement. It is hereby noted that the <br />3 <br />