Agenda - Council - 11/09/2021 - Laserfiche WebLink

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Councilmember Musgrove requested clarification regarding Block 3, Lot 1, and whether the crossing area will affect that lot. She asked where the City easements are located. Mr. Lauzon stated the side yard setback easements have been corrected. He showed a site plan depicting pads with typical 2,100 square foot home footprints with setbacks. He added there is a fair amount of room on the lot. Councilmember Howell expressed concern that there is no physical evidence that residents were informed of the rezoning. She referred to page 73, Ordinance # 11-3 . Senior Planner McGuire Brigl stated a copy of the notice that was sent to all property owners in 2011 regarding the rezoning is included on the first page of the informational packet. She added the rezoning was properly noticed and was posted on the City website. She noted notice of public hearing was published April 15, 2011. Mr. Lauzon stated there is no HOA for the development and putting the buffer into common ownership presents a number of problems which are counterintuitive to the goals of the Ordinance. He added, under an HOA, every homeowner would pay for something that only benefits 13 homes, and creates a hardship for a single-family residential development on the edge of the MUSA zoning district. He noted an easement could be granted to the City and enforced by City Staff. Councilmember Musgrove stated there are many considerations with this case. She asked whether the request could be postponed to the City Council's next meeting to review the three potential options. Senior Planner McGuire Brigl stated, based on the 60-day rule and extension letter, it would be necessary for the City Council to do a contingent approval tonight for additional discussion regarding the outlot issue at a future meeting. Councilmember Heineman stated an easement makes the most sense if the purpose of the buffer is to maintain the characteristics of the surrounding area. Councilmember Musgrove expressed concern that residents may not follow the intent of the buffer. Councilmember Riley stated an easement would be appropriate with education and information for residents so they understand the purpose and maintenance of the easement. Motion by Councilmember Woestehoff, seconded by Councilmember Heineman, to adopt Resolution 21-248, Granting Preliminary Plat Approval for North Brook Meadows, with options A, B, C and D to include the change of shared ownership to an easement on the property. Further discussion: Councilmember Howell stated she will not be supporting the project as she has significant concerns about the increased traffic that this development will bring to the community.