Agenda - Council - 04/13/2021 - Laserfiche WebLink

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Deputy City Administrator Gladhill stated that this item was pulled from Consent as there have been questions as to when this parcel was zoned to 80 foot lots. He stated that began in 2008 with the 2030 Comprehensive Plan update and the zoning was changed in 2011. He stated that prior to that time the area was zoned as Rural Preserve, which is meant that the area was planned for development. He stated that the property requested to include this parcel in the urban services area and a previous Council granted that request. Councilmember Musgrove asked if the total number of lots changed since the review by the Planning Commission in order to ensure all lots met 80 feet in width. Senior Planner McGuire Brigl replied that the number of lots did not change and still resided at 270 units which equates to 2.2 units per acre. Councilmember Musgrove referenced the requirements that will need to be met of the Lower Rum River Water Management Organization (LRRWMO) and asked if those requirements have been taken into account or whether the number of lots would be impacted by that need. Senior Planner McGuire Brigl stated that she is unsure, but stated that the LRRWMO permit is required any time more than one acre of disturbance occurs. She noted that if there are changes that would show in the preliminary plat. Mayor Kuzma commented that the lot size would not change, the impact would simply be less lots. Brian Walker, 17289 Variolite Street NW, commented that he has participated in this process since the first public hearing. He commented that when the Council denied the first request he met with Mr. Makowsky and had great conversations with him and understands that he needs to sell the property. He commented that he has spoken with 300 residents in that area, most of which have been there for 20 years and knew nothing about the zoning change when it happened. He stated that on the west side of Variolite every lot is at least one acre in size and north of this property there are lots five and ten acres in size. He stated that putting in quarter acre lots in that area where people moved because they wanted more space would not make sense. He stated that people that moved to that area moved there because they did not want to live in an area with quarter acre lots. He likened that to someone purchasing land in an area with quarter acre lots and putting in an apartment building. He stated that he is not opposed to the property developing but believes it should fit with the existing development in that area. He noted that most lots north of Trott Brook are at least one acre or in excess of 2.5 acres in size. Jake Packer, representing the property owner, commented that this property has been zoned for quarter acre lots for over ten years and the neighbors could have spoken up at that time. He stated that if the zoning is changed to one acre or larger lots they would have a strong case for inverse condemnation, spot zoning, and potential taking of their property rights. John Packer, representing the property owner, commented that they understand where the neighbors are coming from in that they do not want to lose the 168 acre nature preserve they have enjoyed since 1914 as the property has been in their family for generations. He commented that City Council / March 23, 2021 Page 14 of 24