Agenda - Council - 09/11/2007 - Laserfiche WebLink

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what is reflected in the minutes. The minutes reflect to go with the current zoning; the number of units that meet this requirement can be worked out with staff. Councilmember Elvig commented that the concept of single stories is very much in desire in the community, and he hears that over and over. He thinks this is a good product, but looking at where it is and the conditions and the input that was received, it is a density issue at this point. Mr. Rollings stated CBR Development purchased this with good intentions of what could be developed here. He would prefer to table this rather than decline it, and he could possibly sit down with staff and figure out a way to approach this, whether that is that they just need to come in with 4 units. Mayor Gamec inquired about the process if the application is denied. Associate Planner DaInes advised if the application is tabled it would need to be clear what they are coming back with, but if Council does not like the plat as proposed denying it would be best. Mayor Gamec noted according to the minutes the plat should remain in the required density. Associate Planner DaInes advised Council is currently looking at the zoning. If the zoning amendment is tabled it implies that Council has an inclination to possibly rezone this. To remain with the current zoning Council would deny the zoning and table the plat. Councilmember Elvig noted this is surrounded on three sides by specific zoning. Associate ~lanner DaInes explained part of the discrepancy was that the developer used 1.9 acres as their buildable area because their buildable area goes out into the center line of Nowthen Boulevard. The 1.5 net acres no longer allows five units. Councilmember Dehen noted that in the Planning Commission minutes Mr. Rollings has said four units will not work. He asked if that is still Mr. Rollings opinion or if he is willing to work with staff to try to get those four units if this is tabled. Mr. Rollings replied he is willing to work with staff for a resolution that will make both of them happy. They were not so initially concerned with trying to meet a PUD requirement because primarily they assumed the PUD zoning would fit the project and make it work. That was their incorrect assumption. If they go back they may be able to fmd a better way to make a superior product, and at that point he would likely ask for the five units. Community Development Director Trudgeon advised the question is still open as to what to do with the plat; the district requirement for density is four. Mr. Rollings asked if there is a time constraint on when he could reapply for the rezoning if it is denied tonight. He asked if there is a way to have it zoned R-l but ask for variances that might work. He is asking to bring something to the City that the City wants and to fmd a way to make it work. Mayor Gamec stated the zoning must stay as the existing zoning. The Council would deny the rezoning request and would table action on the plat with the applicant coming up with a project that meets the zoning. Mr. Rollings asked if there is an ability to reapply for the rezoning. Councilmember Dehen stated from his perspective he is looking at four units. The applicant has a good indication of the response if he comes back with five units. The question is whether the applicant would like this tabled to allow him to come back with four units; if he comes back with five units again he will be wasting everyone's time. Mr. Rollings stated when he sat in front of the Council before it was discussed that he could bring back five units and that is what he did. He was trying to figure out a way to make those five units pleasing. City Attorney Goodrich indicated there is an issue with the 60-day rule. He asked if the applicant would agree to an extension. Mr. Rollings responded in the affirmative. City Attorney Goodrich advised that under State Statute 15.99 the City has an obligation to act on the applicant's request within 60 days of that -187-