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<br />Case File: 06-03 <br />Page 2 <br /> <br />Overview <br /> <br />On November, the Planning Commission reviewed the Land use Amendment, Conditional Use <br />Permit, Zone Change, and Prel1mln~ry Plat for Liberty Heights Estates. Through this review, the <br />Pl~nnlng Commission raised several issues, eventually recommending denial of all four applications. <br />Only one item was not unanimous, the Comprehensive Plan amendment 1bis was a 6-1 vote to <br />deny, with Chairperson Lemke voting against the motion. <br /> <br />At the November 20th City Council meeting, the Council tabled the review of the preliminary plat, <br />and requested the Planning Commission review the preliminary plat "as if the property was within <br />the urban services district". The Pbnnlng Commission held this review at their workshop meeting <br />on November 28th. Also at this meeting, the Council requested further information, including: <br />intention of the school district for the subject property and plans for property in adjacent Burns <br />Township. The Council also requested that additional notice be sent to inform adjacent property <br />owners about the meeting on December 4th. This notice was mailed to all property owners within <br />350 feet of the plat boundary on November 22, ~006. <br /> <br />In preparation for the November 28th meeting, Staff prepared a list of the concerns raised by the <br />Commission, followed by additional information regarding these. This information is attached as . <br />the "Supplement to Request for Action to Planning Commission, dated November 28, 2006". The <br />original, complete analysis can be found in the "Request for Action, dated November 14, 2006". <br /> <br />Analysis <br /> <br />Comprehensive Plan Amendment The Planning Commission does not support the extension of <br />the Urban Service Boundary because they felt no information was presented that sufficiently proved <br />that there was a benefit to the City for such an expansion. Members of the Commission felt that the <br />lack of transportation options related to urban densities would create an unnecessary negative <br />impact on the existing transportation system. The Commission also discussed their concern with <br />the transition between the large lots of Burns Township, and the smaller lots of River Park <br />subdivision to the west. The Commission felt that larger lots 11,000 minimum and 14,000 average <br />was a better use for the property. <br /> <br />Conditional Use Permit A Conditional Use Permit is necessary for a property to be rezoned PUD, <br />versus standard zoning. Through the review and negotiation of the plat, Staff and the developer <br />have worked together to mlnlml7.e any potential negative impacts on the surrounding property, <br />while preserving the character of the community. The Planning Commission does not support the <br />Conditional Use Permit to allow the PUD zoning because of their lack of support for the <br />Comprehensive Plan amendment. <br /> <br />Rezoning The applicant proposes rezoning the property from R-1a to PUD. The Planning <br />Commission does not support the rezoning of the property to a POO because of their <br />recommendation regarding the Comprehensive Plan Amendment. <br /> <br />Prelimln~ry Plat The Planning Commission does not support the preliminary plat due in part to its <br />belief that the urban service boundary should not be expanded. However, as requested by the City <br />Council, the Planning Commission critiqued to plat, and offers the following comments: <br /> <br />s: \PLANNING \ Case Files \2006\Pla.t\P 06-03 Liberty Heights Estates \Staff Report 12-04-06 Council.doc <br />