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<br />Planning Commission Minutes <br />July 24, 2001 <br />Page 6 <br /> <br />. <br /> <br />school district had to change the bus route so they come in from the north, because they <br />could not make the turn from County Road 32. <br /> <br />Mr. Brown stated that they have followed the guidelines of the city's ordinances regarding <br />lot sizes, density and design. He explained that the cluster ordinance encourages smaller <br />lots. He stated that they are willing to look at the covenants of Hilltop Woods Estates when <br />establishing covenants for the proposed development. He stated that three future road <br />connections have been provided for in the plat. <br /> <br />Mark Malzahn, 20950 Victoria Drive, felt that this area is an extension of the existing <br />Hilltop Woods Estates, and since cluster development was not allowed when it was <br />developed, this area should not be developed as a cluster. He asked if a turn-around would <br />be provided for the school bus. Mr. Maurer stated that a temporary turn-around would be <br />required at the north end of the plat. Mr. Malzahn asked that the Commission deny the plat <br />as proposed. <br /> <br />Commissioner Baker asked where the condition came from which was in the developer's <br />agreement. Mr. Harlicker stated that the condition was not mentioned in the City Council <br />minutes where the conditions are typically listed as approved. <br /> <br />Peter Beck, City Attorney, stated that although the developer's agreement condition is a <br />point to consider, the City is not obligated to deny the plat on that condition alone. <br /> <br />. <br /> <br />Commissioner Mesich asked if there was a preliminary plat or concept for this area. Mr. <br />Harlicker stated that he could not find one on file. Mr. Harlicker noted that it would be <br />possible to subdivide the property into 8 lots under the present zoning. Commissioner <br />Mesich stated that he was concerned that if this developer's agreement was added to each of <br />the Hilltop Woods Estates property owner's abstracts, there may be basis to deny the plat. <br /> <br />Mr. Brown asked Mr. Beck at what point a developer's agreement is satisfied. Mr. Beck <br />stated that typically it is satisfied once a project is closed out. <br /> <br />Commissioner Mesich stated that he felt Outlot C is an extension of what was intended to <br />be a buffer zone from the gun club and that he was not sure about giving a density bonus <br />for this open space. He also would like to see elevations to determine if a density bonus for <br />an architectural theme is appropriate. <br /> <br />Commissioner Baker stated that Outlot C is separated form the homes and he would like to <br />see the open space adjacent to the homes. <br /> <br />Chair Pederson sated that he would rather see this area developed with eight 2-1/2 acre lots. <br />He cited concerns regarding the condition of the developer's agreement, the long-cul-de-sac, <br />and traffic safety issues. <br /> <br />Commissioner Mesich expressed concern that the city could disregard the original <br />developer's agreement. <br /> <br />Commissioner Ropp asked how long Victoria Drive would be, if it were not connected with <br />a through-street. Mr. Maurer estimated it would be 1,300 feet. Mr. Harlicker stated that <br />there are also three other possible future road connections. <br /> <br />. <br /> <br />There being no further public comment, Chair Pederson closed the public hearing. <br />