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Chairpcrson Nixt indicated he does not want to recommend denial because he thinks this is <br />~'easiblc as it is. <br /> <br />Discussion ensued on the best way to send this to the Council with a recommendation and <br />rationalc. <br /> <br />Motion by Commissioner Brauer, seconded by Commissioner Shepherd to recommend the City <br />Council deny the preliminary plat and site plan based primarily on the following issues: <br /> 9'he perceived inappropriate use oftownhomes; <br /> 2. [Jnresolved issues on Potassium; <br /> 3. Crowding of lots 1-14 on the northern portion. <br /> <br />Motion carried: 3:2. Voting Yes: Commissioners Brauer, Shepherd, and Watson. Voting No: <br />Commissioners Levine, and Van Scoy. Abstain: Chairperson Nixt. Absent: Commissioner <br />Johnson. <br /> <br />Case #8 <br /> <br />Public Hearing - Request to Rezone Property from R-1 Single Family <br />Residential to Planned Unit Development; Case of Shade Tree Communities <br /> <br />Public Hearing <br /> <br />Chairperson Nixt opened the public hearing at 11:13 p.m. <br /> <br />Mr. Hampton indicated there are City Codes that make it possible to develop to a certain density, <br />but why does that have to be allowed. He asked if the fact that it meets code have to mean the <br />Planning Commission approves it and sends it to the City Council. <br /> <br />Commissioner Brauer noted that legally a developer has the right to develop at a density up to <br />what the City Code allows. <br /> <br />Chairperson Nixt noted this parcel is not being developed at the maximum density allowed. <br /> <br />Motion by Commissioner Brauer, seconded by Watson to close the public hearing. <br /> <br />Motion carried. Voting Yes: Chairperson Nixt, Commissioners Brauer, Watson, Levine, <br />Shepherd, and Van Scoy. Voting No: None. Absent: Commissioner Johnson. <br /> <br />Commission Business <br /> <br />Motion by Commissioner Brauer, seconded by Commissioner Shepherd to recommend that the <br />City Council deny the rezoning based primarily on the following issues: <br /> 4. The perceived inappropriate use of townhomes; <br /> 5. Unresolved issues on Potassium; <br /> 6. C, rowding of lots 1-14 on the northern portion. <br /> <br />Planning Commission/April 7, 2005 <br /> Page 21 of 23 <br /> <br /> <br />