05-17-1999 CC MIN - Laserfiche WebLink

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City Council Minutes May 17,1999 Page 8 e 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Klinzing called a recess at this time (7:55 p.m.) The City Council reconvened at 8:02 p.m. 6.7. Request by Meadowvale Builders, Inc. for Zone Chanae, Public Hearina Case No. ZC 99-2 Request by Meadowvale Builders, Inc. for Preliminary Plat (Meadowvale Townhomes), Public Hearina Case No. P 99-5 Request by Meadowvale Builders, Inc. for Conditional Use Permit Public Hearing Case No. CU 99-4 6.8. 6.9. e Staff report by Scott Harlicker. Meadowvale Builders has requested a rezoning, preliminary plat and conditional use permit to construct a 26 unit townhouse project. Scott indicated that the proposal was postponed by the City Council because of issues regarding density, loss of trees, and the private road width. The plat has been revised to reflect a reduction of 1 townhome unit elimination of the berm along the western property line, and an attempt to preserve 25 existing trees. Mayor Klinzing opened the publiC hearing for the zone change, preliminary plat and conditional use permit requests. Jay Hill of John Oliver and Associates, representing the developer, indicated that they have removed one unit from the proposed project. Mr. Hill explained that the density is 2.4 units per acre including the wetland complex, and 5.2 acres per unit without the wetlands. He noted that town home zoning allows up to 7.2 units per acre. Mr. Hill noted that the trees will be disturbed very little by eliminating the berm along the western side of the property, and that by reducing the path width to 6 or 8 feet there would be even less impact on the trees. Discussion followed regarding the width of the private roads in the development. Scott Harlicker indicated that the fire chief was satisfied with the 24 foot road width as long as no on-street parking was allowed. Road widths of other townhome projects was also discussed. Commissioner Dietz questioned what leverage the city has to require replacement of trees if the ones that were saved die later. City Attorney Peter Beck explained that the city currently does not have a tree preservation ordinance, but that the PUD zoning allows the city to impose conditions not addressed in the ordinances. e