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Case File: P 13 -01 CU 13 -06 ZC 13 -03 Kliever Lake Fields 4th Page 2 Applicant Tim Pomerleau Location/ Address SE corner of 181" Avenue and Fillmore Street, about 5.7 acres. 60 Day Rule The City must take action by June 29, 2013* *The 60 day rule applies to the Zone Change, and Conditional Use Permit. This may be continued for an additional 60 days. The Preliminary Plat must be acted on within 120 days. OVERVIEW The property owner seeks approval of several applications, all intended to permit the platting and construction of the undeveloped portion of Khever Lake Fields 3`d addition. The actions requested include: Conditional Use Permit (CU 13 -06) Zone Change R -3 to PUD (ZC 13 -03) Preliminary and Final Plat (P 13 -01) Additionally, applications to be reviewed by the City Council have been filed for an easement vacation and the final plat. BACKGROUND /PRECEDENT The subject property was platted as Kleiver Lake Fields Yd addition in August of 2005 (P 05 -09). This project was originally developed under standard R -3 zoning. The public street and many of the utilities have been installed, as have many of the private drives and utility services to the lots. Shortly after plat approval, housing sales drastically slowed down as part of the economic recession. Only five of the original 13 multi -unit townhome structures (30 of 78 units) were constructed. The remaining structures and units were not completed. The property owner, recognizing the challenge of selling the back to back townhome product, desires to repurpose the project into a smaller lot, single family home product, with elimination of three of the private drives. The housing options are limited to the two options outlined by the Planned Unit Development agreement, though staff supports some limited flexibility to avoid having to amend the PUD agreement if a change in shingle color was in the best interest of the project and the city, for example. Each of the proposed 21 single family lots will have an individual private driveway connect to a private street. Each private street connects to a city street. The city will not maintain these streets, or the utilities within. Each lot is sized to accommodate a deck or a patio. The Council should determine if sheds are appropriate in this area. Staff recommends that the PUD agreement prohibit sheds and other detached structures, due in part to the limited areas and the desire to maintain green space. The open (green) spaces, and drives will be maintained by a homeowners association. Staff recommends that fairly stringent rules apply to the use of the back yard areas. The concern is that in areas with multiple owners, N: \Departments \Community Development \Planning \Case Files \P \P 13 -01 Kliever Lake Fields 4th \SR to PC Klever Lake Fields 4th 7- 11- 13.docx