04-25-1995 PC MIN - Laserfiche WebLink

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Planning Commission Minutes April 25, 1995 Page 7 . -Medium Density Residential zoning allows up to approximately 5 units per acre. High density allows up to approximately 22 units per acre. -Roughly 377 acres are vacant for commercial development. However, much of this area does not have city water and sewer. -An access at 197th and Highway 169 is already in place. No "new" accesses onto Highway 169 will be allowed. -A conditional use permit is not required at this time for approval of a PUD rezoning request. The conditional use permit would be applied for if the rezoning was approved and a specific development plan was submitted. -The multi-family development moratorium is temporary and will be terminated when the Comprehensive Plan is approved. . -A property owner will always have the right to petition their government for a legislative act, such as a rezoning. No property owner has a right to a specific zoning. Precedents have very little affect on decisions regarding rezonings made by local governments, as they are legislative acts. However, quasi-judicial actions such as conditional use permits where all conditions for approval can be met, may be somewhat affected by precedents. Also, the fact that a property owner may be able to develop a site at a higher return with a particular zoning, does not give him the right to that zoning. Highest and best use of a particular property is considered in comprehensive zoning and land use decisions, but it is not determinative in a rezoning contest. Commissioner Minton expressed his agreement that the proposed use is too intense for the site. He did agree that some type of commercial use may be best for the site, especially with proper buffering. He felt that sewer and water will come to the area eventually. He expressed his concern that the impact on traffic would be significant. He stated he supported denial of the request and would not be in favor of considering any future requests regarding this site until the Steering Committee has completed its work. Commission Minton stated that he saw no conflict of interest for Commissioner Kreger and would encourage him to vote on this issue. Commissioner Dillon stated that based on the information submitted and discussed, he felt that the traffic throughout the residential was a great concern and was in favor of denial. He also was not in favor of reviewing any more requests regarding the subject property until the Steering Committee has made their final recommendations. Commissioner Kreger estimated that approximately 68 homes could be built in this area. Steve Ach stated that a typical method to estimate the number of homes with 10,000 square foot lots is to use a density of 2.5 lots per acre, including roads and improvements: therefore, approximately 42 homes could be built on the 17 acre site. Commissioner Kreger stated that he would recommend the developer submit a revised plan incorporating the following information: . -show the location of homes adjacent to the proposed commercial project on the same map