Ord 2007-005 - Laserfiche WebLink

Home Browse Search

• • These lots are platted in a very environmentally sensitive location. All are .75 acres or greater, have "no build" areas to protect aquifer features and all lots have at least a 50' conservation easement that works as a rear setback. The PDD file includes the standards as incorporated into the C.C.R.s as exhibit B, but no copy of the C.C.R.s as filed. Since C.C.R.s are private agreements the City cannot enforce them and does not review them unless referenced in a plat note. It appears that the developer's original intent was to have 20' front setbacks, at least 50' rear setback, and 10' side setbacks. The smallest lots fall between the SF-11 and SF-R zoning standards, which have 10' and 20' side yard setbacks. Because of the area lost to environmental features and the reduction of front setbacks to 20', it is reasonable that the 10' side yard setback was the developer's intent. No discussion occurred in the original Commission meeting about the issue. In light of the available information and no negative responses to the required notification, staff recommends approval of the requested change. Planning Department Recommendation A rove as submitted Approve with conditions or revisions as noted Denial The Commission's Responsibility: The Commission is required by law to hold a public hearing and receive public comment regarding the proposed zoning. After considering the public input, the Commission is charged with making an advisory recommendation to the City Council regarding the request. The City Council will ultimately decide whether to approve or deny the zoning, and will do so through the passage of an ordinance amending the official City Zoning Map. The Commission's advisory recommendation to the Council is a discretionary decision. Section 1.5.1.5 charges the Commission and the Council to consider: (1) Whether the proposed zoning map amendment implements the policies of the adopted Master Plan, including the land use classification of the property on the Future Land Use Map and any incorporated sector plan maps; (2) Whether the proposed zoning map amendment is consistent with a development agreement in effect; (3) Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified; (4) Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other public services and utilities to (5) the area; and (6) Any other factors which will substantially affect the public health, safety, morals, or general welfare. List of Attachments: Location maps Application List of individuals notified Prepared by: Holly Mullins Senior Planner 9-20-06 Name Title Date Page 2 of 2