CC Minutes 5-22-06
City Council Meeting - May 22, 2006
Councilman Lundquist: Motion to approve as published.
Councilman Peterson: Second.
Mayor Furlong: Thank you. Made and seconded. Any discussion on that motion?
Resolution #2006-38: Councilman Lundquist moved, Councilman Peterson seconded that
the City Council award the bids to Griffin, Kubik, Stephens and Thompson and adopt the
resolution providing for the issuance and sale of $6,640,000 General Obligation
Improvement Bond, Series 2006A.
LIBERTY AT CREEKSIDE. 1500 PIONEER TRAIL. TOWN & COUNTRY HOMES:
REQUEST FOR REZONING OF PROPERTY FROM A2 TO PUD-R~ SUBDIVISION
WITH VARIANCES OF APPROXIMATELY 36.01 ACRES INTO 29 LOTS. 5
OUTLOTS. AND PUBLIC RIGHT-OF-WAY~ SITE PLAN APPROVAL FOR 146
TOWNHOUSES; AND A CONDITIONAL USE PERMIT FOR ALTERATION WITHIN
THE FLOOD PLAIN AND DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY
DISTRICT.
Kate Aanenson: Thank you Mayor. This item was tabled on your April 24th meeting. Since that
time the staff has been working with Town and Country Homes to revise the site plan and the
building elevations. The direction you gave staff and the applicant was to look at the views
specifically from 212 and try to differentiate this project from the project that was recently
approved on the Audubon Road side. So in working with the developer, they did introduce, on
the previous plan had, both plans have 146 units. The previous plan had 29 structures. This plan
has 37, and that was accomplished by adding the twin homes and breaking apart the fourplexes.
This is a preliminary plat. There are motions starting on page 17 of your staff report. I just want
to clarify, you will see this project again as that moves forward with the conditions that are
addressed. I would like to turn it over to the developer and to go specifically through the
changes that they made and the color scheme, so with that again as I indicated, staff is
recommending approval with the conditions in the staff report.
Mayor Furlong: Okay. Any questions for staff? If not, I see the developer here. Good evening.
Shawn Siders: Good evening Mayor Furlong, council members. My name is Shawn Siders with
Town and Country Homes. A K. Hovnanian Company. With me this evening is Kevin Clark
our Vice President of Land Development. We'd like to thank you for working with and
challenging us to enhance the Liberty at Creekside community so it is a source of pride for the
residents of Chanhassen now and in the future. I'd like to take a few moments to provide a brief
overview of the modifications we have made to the plan since we last met with you. Provide
additional information regarding the architecture that will be used on the Premiere Homes
throughout the neighborhood and also provide a perspective from the 212 corridor once it is
constructed. Since we met with you in April we have eliminated actually the 7 six unit Premiere
buildings that were proposed for the site. In their place we have introduced 11 twin home
Premiere buildings creating additional breaks in the buildings which will provide more view
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City Council Meeting - May 22, 2006
sheds throughout the neighborhood. On the south section of the neighborhood we've been able
to introduce a 4-2-4 home configuration of the Premiere units to create a more varied streetscape,
and I don't know if you can see this or not but the twin homes are all I believe in red. Because of
the introduction of the twin home units we have also been able to break up the visitor parking
spaces within private street C which is a private street on the north edge of the property. The
parking areas are now dispersed on either end of the street and will allow for parking choices
closer to the residents and their visitors on both ends of the street. The Premiere homes offer
three distinct architectural styles which will be used in both the twin homes as well as the four
unit buildings. The mission style has brick on four sides of the building. In addition to the four
sided brick, these homes have a mixture of hip roofs on the front and rear that provide additional
architectural detail. As is the case with all of our homes within this community, the varied color
treatments on the front and rear ensure a varied streetscape and prevent monotony and we
provided a rendering of both the twin and the four unit. The Victoria style Premiere homes have
varied gables with eyebrows to break up the roof lines. The batting board pattern on the rears of
these homes further distinguishes the Victorian home from the others, while the trim placement
and color treatments enhance each unit. The farmhouse style Premiere homes offer stone
treatments on the fronts and the sides, the wrap around porch distinguishes these homes from the
others, while the gabled features on the rears of the homes break up the roof lines. We
understand the need to create a varied streetscape within the community. In addition to the
modified side layout, we will develop the site using all six color schemes on the Premiere homes.
Because the number of Concord units within the development are limited, we would suggest
dedicating three color schemes for those homes. And then lastly, during our previous
discussions there have been many questions regarding the views of this community from the 212
corridor. We've taken this opportunity to provide a perspective from the closest point of the
development to the 212 corridor. The home shown in this rendering are east of private street D,
and are approximately 250 feet away from 212. As you can see the varied architectural styles
and color treatments in addition to the extensive landscaping will ensure the views from 212 are
visually appealing. I would like to take this opportunity to thank yourselves and city staff for
your collective vision to challenge Town and Country Homes to create a distinct community.
Liberty at Creekside will be a valuable asset to the community and we are proud to be a partner
with the City of Chanhassen. I'd be happy to answer any questions you might have.
Mayor Furlong: Thank you. Any questions for Mr. Siders? No? Very good. Thank you.
Anything else for staff at this point? If not, council discussion. Thoughts or comments.
Councilman Lundquist: I'll go first. I like the changes and modifications that have been made to
the proposal. I think that the developer heard our feedback from before. Still you know, I still
have, share some or have some concerns about things like the road access and the access to the
park and some of that stuff from the meeting a month ago hasn't changed. But as I said, a month
ago I mean those aren't deal breakers for me. I mean they're less than perfect things but we're
going to have that in most developments. We're not going to have everything so, we talked a
little bit 2 weeks ago about impact of one development on another and I think that as we look at
the road that goes to the northwest, obviously meets up with the one through there and so then
that, we had the discussion a month ago. Do we go straight south or do we go northeast from
there and again you know we've heard all the different discussions so that said, the northeast
seems to be the least intrusive. Maybe not ideal but nothing in the development right now that is
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City Council Meeting - May 22, 2006
jumping up and down for me to say no so I think I'll give the developer credit for breaking up
the barracks look and 600 of the same units, like we talked about a month ago and comfortable
with where we're at now. Knowing that it's not perfect but I think we're in a pretty good spot
right now.
Mayor Furlong: Thank you. Other thoughts.
Councilwoman Tjomhom: You know Ijust would like to thank Town and Country for what you
did. I think I know I've probably been your worst nightmare... but I just really, I love what you
did. The changes that you made. The architectural changes that you made. The reconfiguration.
The different styles that you've used as far as housing type... I just want to thank you for that
because it's going to be a good asset to our community right now. And I guess that's all...
Mayor Furlong: Thank you. Councilman Peterson.
Councilman Peterson: ... we have a better product... something about the sheer scope of Phase I
and Phase II. You can't not because...so that's why I think we need to work harder to make it
both visually attractive from 312 and.. .so it's not exactly the same as Phase I. That was my
goal...few weeks ago, few months ago...the changes and reinforce the fact that they listened...
Mayor Furlong: Thank you. I think my thoughts are similar to what has been expressed by the
council. This council challenged Mr. Clark and Siders, your development with Liberty on Bluff
Creek to give us something better. Show us something more. I think we pushed to the limit
there in terms of that development, and I see here where we've done even better and each
development that goes in, I've always kind of used as a gauge, if this becomes the one on your
marketing brochure, then we've got that you know. Then we've done enough. If you've got
somebody else's on there...maybe there's more we can do. I think overall, in all seriousness, I
appreciate your professionalism in working with the staff. Listening to the council. Working
with the Planning Commission to try to find something that works for you but also works for us
and that makes a big difference. Others might have dug in their heels and said, no. This is it.
I'm not going to do anything more. You didn't do that and we appreciate that and I think
because of that, where a few weeks ago had we put it to a vote, it probably wouldn't have gone
the way you wanted it to. Tonight it will and I think the ability to work together to get that done
is a credit to you, a credit to our staff and others that were involved so appreciate everything
you've done to do that. And I do like this layout, this site plan better. Plain and simple and the
inclusion of the twin homes to break up, create more open space inbetween. The elimination of
some of the larger six unit homes. Spreading out the parking. Dispersing the different types of
products around the development. Overall make this a nicer neighborhood for those that live
there and others who drive by so, appreciate all your efforts there. With that I guess I would ask
if there are other comments or additional comments, that'd be fine. Otherwise is there a motion?
We've got a number of motions here I believe, is that right Kate?
Kate Aanenson: Correct.
Councilman Lundquist: Mr. Mayor I would move that we approve motions A, B, C and D with
the published conditions and findings of fact in the staff report.
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City Council Meeting - May 22, 2006
Mayor Furlong: Thank you. Is there a second?
Councilwoman Tjomhom: Second.
Mayor Furlong: Thank you and the one question I'll ask Ms. Aanenson, just to be sure with
regard to the conditions. Were they updated with all the comments made at the last meeting so
those are...
Kate Aanenson: That's correct. They've been modified based on these recent elevations too.
Mayor Furlong: Okay, so the revised site plan as well as the recommendations from council at
our last meeting?
Kate Aanenson: That's correct.
Mayor Furlong: Are all included. Thank you. Any other discussions or questions?
Clarifications?
Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council
approves the Rezoning of the property located within the Liberty at Creekside
development with the exception of Outlot A and the Bluff Creek Overlay District Primary
Zone (Outlot D), from Agricultural Estate District (A-2) to Planned Unit Development-
Residential (PUD - R) incorporating the development design standards contained within this
staff report. All voted in favor and the motion carried unanimously with a vote of 4 to O.
Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council
approves the Preliminary Plat for Liberty at Creekside, plans prepared by Westwood
Professional Services, Inc., dated June 17,2005, revised February 3, 2006, revised April 6,
2006, which may also be revised to incorporate lots around each dwelling unit, subject to
the following conditions:
1. The applicant shall prepare a noise analysis for noise that will be generated by traffic on
Highway 312. The analysis shall identify appropriate noise mitigation measures to meet
noise standards for residential homes as specified by the Minnesota Pollution Control
Agency, which shall be implemented by the developer.
2. The developer shall provide a design plan that shows the color and architectural detail for
each unit on the site for final plat approval.
3. The developer shall pay $6,285.00 as their portion of the 2005 AUAR.
4. The developer shall revise the plat to incorporate the twin home units as shown on the
plan dated May 8, 2006.
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City Council Meeting - May 22, 2006
5. The developer shall establish a separate outlot(s) for the land within the Bluff Creek
Overlay District primary zone.
6. Dedication of the Bluff Creek Overlay District primary zone shall be made to the city or a
conservation easement shall be established over said outlot(s).
7. The wetland mitigation for Liberty on Bluff Creek shall be complete within one year of
the authorized fill on Liberty on Bluff Creek.
8. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420) and the conditions of the Wetland Alteration Permit for
Liberty on Bluff Creek.
9. Wetland buffers 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be
maintained around Wetlands A and B and the constructed wetland mitigation areas.
Wetland buffer areas shall be preserved, surveyed and staked in accordance with the
City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the
direction of City staff, before construction begins and must pay the City $20 per sign. All
structures shall maintain a minimum 40-foot setback from the edge of the wetland buffer.
10. Due to a secondary access through the MnDOT right-of-way (ROW) to the north in the
northeast portion of the property, the applicant will be responsible for creating or
securing sufficient wetland mitigation for MnDOT that will meet all conditions imposed
on MnDOT and will be responsible for any and all fees associated with the redesign of
the wetland mitigation areas in MnDOT ROW. Final plat approval shall not be granted
until the wetland mitigation plan has been received and approved by the City and
MnDOT.
11. The plans shall be revised to show bluff areas (i.e., slope greater than or equal to 30% and
a rise in slope of at least 25 feet above the toe). All bluff areas shall be preserved. In
addition, all structures shall maintain a minimum 30-foot setback from the bluff and no
grading shall occur within the bluff impact zone (i.e., the bluff and land located within 20
feet from the top of a bluff).
12. All structures shall maintain a minimum 40-foot setback from the primary corridor. No
alterations shall occur within the primary corridor or within the first 20 feet of the setback
from the primary corridor.
13. The applicant shall submit a plan for the revegetation of the farmed area south of Bluff
Creek that incorporates native plants and is consistent with the City's Bluff Creek Natural
Resources Management Plan Appendix C. Special attention shall be paid to areas with
steep slopes (greater than 3:1).
14. Alterations appear to be proposed within a mapped FEMA unnumbered A Zone (100-
year floodplain). In lieu of a LOMA, the applicant shall obtain a conditional use permit
for alterations within the floodplain.
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City Council Meeting - May 22, 2006
15. A storm water pollution prevention plan (SWPPP) shall be developed for the
development and shall be completed prior to applying for the National Pollutant
Discharge Elimination System permit.
16. A stable emergency overflow (EOF) shall be provided for the proposed pond. The EOF
could consist of riprap and geotextile fabric or a turf re-enforcement mat (a permanent
erosion control blanket). A typical detail shall be included the plan.
17. The plans shall show paths of access to both wetland mitigation areas as well as all
erosion controls and restoration practices.
18. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Tvpe of Slope
Steeper than 3:1
10:1 to 3:1
Flatter than 10: 1
Time
7 days
14 days
21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
These areas include constructed storm water management pond side slopes, and any
exposed soil areas with a positive slope to a storm water conveyance system, such as a
curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other
natural or man made systems that discharge to a surface water.
19. Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as-needed.
20. The applicant shall provide details for curbside inlet control. Wimco-type inlet controls
shall be used and installed within 24 hours of installation.
21. Typical building lot controls shall be shown on the plan. These controls may include
perimeter controls (silt fence), rock driveways, street sweeping, inlet control and
temporary mulch after final grade and prior to issuing the certificates of occupancy.
22. The proposed storm water pond shall be used as a temporary sediment basin during mass
grading. The pond shall be excavated prior to disturbing up gradient areas. Diversion
berms or ditches may be needed to divert water to the pond and a temporary pond outlet
is needed. The outlet could be a temporary perforated standpipe and rock cone. A detail
for the temporary pond outlet shall be included in the plans. Additional temporary
sediment basins may be needed or an alternate location may be needed depending upon
site conditions during rough grading.
23. The ultimate outlet from the site to Bluff Creek shall be turned to the southeast to align
with the creek.
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City Council Meeting - May 22, 2006
24. Drainage and utility easements (minimum 20 feet in width) should be provided over all
existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water
ponds. An easement adequate to provide access to the pond for maintenance purposes is
needed and should be shown on the plan.
25. At this time, the estimated total SWMP fee, due payable to the City at the time of final
plat recording, is $266,850.
26. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control
Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural
Resources (for dewatering), Minnesota Department of Health, Minnesota Department of
Transportation) and comply with their conditions of approval.
27. Tree protection fencing shall be installed prior to construction around all areas designated
for preservation and/or at the edge of proposed grading limits.
28. Silt fence or tree protection fencing shall be installed at the edge of grading around both
wetland mitigation areas.
29. A fenced access road will lead from the east mitigation area to the west mitigation area.
This will be the only access allowed to the western site. Fencing shall be placed on either
side of the access lane. After construction, the access lane shall be restored according to
the 'Preliminary Offsite Upland Planting Plan' .
30. A walk-through inspection of the silt/tree preservation fence shall be required prior to
construction.
31. No burning permits shall be issued for tree removal. All trees removed on site shall be
chipped and used on site or hauled off.
32. The applicant shall implement the 'Preliminary Offsite Upland Planting Plan' dated
9/29/05 for restoration within the Bluff Creek Overlay District.
33. The applicant shall submit a full sized 'Preliminary Offsite Upland Planting Plan' with
final plat submittal.
34. A turf plan shall be submitted to the city indicating the location of sod and seeding areas.
35. The developer shall pay full park dedication fees at the rate in force upon final plat
approval in lieu of parkland dedication.
36. The applicant shall provide all design, engineering, construction and testing services
required of the "Bluff Creek Trail." All construction documents shall be delivered to the
Park and Recreation Director for approval prior to the initiation of each phase of
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City Council Meeting - May 22, 2006
construction. The trail shall be ten feet in width, surfaced with bituminous material and
constructed to meet all City specifications. The applicant shall be reimbursed for the
actual cost of construction materials for the Bluff Creek Trail. This reimbursement
payment shall be made upon completion and acceptance of the trail and receipt of an
invoice documenting the actual costs for the construction materials utilized in its
construction.
37. The developer shall provide a sidewalk connection to the Bluff Creek trail through
pri vate street B.
38. The developer must coordinate the location and elevation of the western street connection
with the Pioneer Pass (Peterson Property) and Degler property developments to the west
and northwest.
39. The height and length of retaining walls must be reduced to the maximum extent
possible.
40. The top and bottom of wall elevations must be shown on the final grading plan.
41. A building permit is required for any retaining walls four feet high or taller. These walls
must be designed by a Structural Engineer registered in the State of Minnesota.
42. The style of home and lowest floor elevation must be noted on the grading plan.
43. Typical sections for each housing style must be shown on the final grading plan.
44. The final grading plan must be 50 scale so that staff can complete a full review of the
proposed grading.
45. The developer must verify the invert elevation of the sanitary sewer connection that will
be constructed with the 2005 MUSA Improvement Project.
46. The development may not proceed until the Phase II 2005 MUSA utility extension
project has been awarded.
47. Each new lot is subject to the sanitary sewer and water hookup charges and the SAC
charge at the time of building permit. The 2006 trunk hookup charge is $1,575.00/unit
for sanitary sewer and $4,078.00/unit for watermain. The SAC charge is $1,625.00/unit.
Sanitary sewer and watermain hookup fees may be specially assessed against the parcel
at the time of building permit issuance. All of these charges are based on the number of
SAC units assigned by the Met Council and are due at the time of building permit
issuance.
48. The northern access (currently shown to the Fox property) must be shifted to the east to
the MNDOT right-of-way parcel. Prior to final plat approval, the developer must contact
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City Council Meeting - May 22, 2006
the Fox family to coordinate the elevation of the northern street connection at their
property line.
49. The Arterial Collector Fee shall be paid with the final plat. The 2006 fee is
$2,400/developable acre.
50. The final plans must show the new orientation for Lots 13 and 14, Block 2.
51. The site plan and final grading plan must identify the proposed 1O-foot wide bituminous
trail.
All voted in favor and the motion carried unanimously with a vote of 4 to o.
Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council
approves Site Plan for 146 townhouses, plans prepared by Westwood Professional Services,
Inc., dated June 17, 2005, revised February 3, 2006, revised April 6, 2006, subject to the
following conditions:
1. The developer shall enter into a site plan agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
2. The developer shall provide a design plan that shows the color and architectural detail for
each unit on the site for final plat approval.
3. Walls and projections within 3 feet of property lines are required to be of one-hour fire-
resistive construction.
4. A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
5. No burning permits will be issued for trees to be removed. Trees and shrubs must either
be removed from site or chipped.
6. Temporary street signs shall be installed on street intersections once construction of the
new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire code Section
501.4.
7. A fire apparatus access road shall be designed and maintained to support the imposed
load of fire apparatus and shall be serviced so as to provide all-weather driving
capabilities. Pursuant to Minnesota Fire Code Section 503.2.3.
8. Fire apparatus access road and water supplies for fire protection is required to be
installed. Such protection shall be installed and made serviceable prior to and during the
time of construction except when approved alternate methods of protection are provided.
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City Council Meeting - May 22, 2006
9. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees,
shrubs, bushes, Xcel Energy, Qwest, Cable TV and transformer boxes. This is to ensure
that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to
Chanhassen City Ordinance #9-1.
10. Submit street names to Chanhassen Building Official and Chanhassen Fire Marshal for
review and approval.
11. "No Parking Fire Lane" signs will be required on the pri vate streets. Contact Chanhassen
Fire Marshal for exact location of sign. Pursuant to Chanhassen Fire Department/Fire
Prevention Policy #06-1991.
12. Staff will work with the developer on materials, colors and diversity.
13. The developer shall incorporate the twin home units as proposed in the sketch plan dated
May 8, 2006."
All voted in favor and the motion carried unanimously with a vote of 4 to O.
Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council
approves Conditional Use Permit for alterations within the flood plain and development
within the Bluff Creek Overlay District subject to the following conditions:
1. The applicant shall implement the 'Preliminary Offsite Upland Planting Plan' dated
9/29/05 for restoration within the Bluff Creek Overlay District.
2. The applicant shall submit a full-sized 'Preliminary Offsite Upland Planting Plan' with
final plat submittal.
3. The wetland mitigation for Liberty on Bluff Creek shall be constructed prior to or
concurrent with wetland impacts on the Liberty on Bluff Creek project.
4. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420) and the conditions of the Wetland Alteration Permit for
Liberty on Bluff Creek.
5. Wetland buffers 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be
maintained around Wetlands A and B and the constructed wetland mitigation areas.
Wetland buffer areas shall be preserved, surveyed and staked in accordance with the
City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the
direction of City staff, before construction begins and must pay the City $20 per sign. All
structures shall maintain a minimum 40-foot setback from the edge of the wetland buffer.
All voted in favor and the motion carried unanimously with a vote of 4 to O.
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City Council Meeting - May 22, 2006
Kevin Clark: I just want to thank you mayor and council, and it really has truly been a joint
effort throughout this whole process. Both at Bluff Creek and here at Creekside and I guess
mostly we thank you for your patience with us. It seems like we've been.. . going to school on
this and I think we've benefited and we appreciate your input, your time spent with us and you
know your investment so we're looking forward to moving forward.
Mayor Furlong: Thank you and we look forward to your successful developments for our city.
Very good, thank you.
GALPIN CROSSING TWINHOMES, LOCATED NORTH OF WEST 78TH STREET
AND WEST OF GALPIN BOULEVARD, EPIC DEVELOPMENT XVI, LLC,
PLANNING CASE 06-13: REQUEST FOR REZONING FROM AGRICULTURAL
ESTATE DISTRICT (A2) TO PLANNED UNIT DEVELOPMENT-RESIDENTIAL (PUD-
R), PRELIMINARY PLA T APPROVAL CREATING 13 LOTS AND ONE OUTLOT
WITH A VARIANCE FOR A PRIVATE STREET AND MORE THAN 4 HOMES
ACCESSING A PRIVATE STREET; AND A CONDITIONAL USE PERMIT FOR
DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT.
Kate Aanenson: Thank you. This item appeared before the Planning Commission on May 2nd.
They recommended, they took their motions separately. Voted 3 to 3 to, the motion was to
approve the rezoning. It was 3 to 3 so basically in effect that died. They also voted a negative 1
to 5 for the approval of the preliminary plat with the variances, and then also 1 to 5 against the
conditional use, so therefore they recommended denial and the findings of fact in your packet
reflect that motion for denial. What I'd like to do is take some time and go in your staff report is
the background, is take a few minutes and walk through the background of how this project came
about. And as you stated mayor, the subject site is located on West 78th. If you go in the
background and on page 3 of the staff report it talks about how this property got severed and that
was the creation of West 78th Street, severed the property into two parcels, and at that time sewer
and water was provided. Shortly thereafter in 2003, can you zoom out just a bit? Thank you.
The owner of the property, Mr. Pryzmus appeared before the, a conditional, or concept, excuse
me, concept approval for a plan and that was in 2003. That included the recreational fun center
and some town houses. Multi family on the north side and that included approximately 18.
There was a letter that was put out by the city at that time talking about kind of the concept had
not standing, so that sat for a while and then in December of 2005 a concept was brought
forward to the City Council. Maybe you can zoom in a little bit on that. So we're looking at
again the entire PUD which included at that time office industrial or commercial, and then
residential on the north side. The council at that time gave conceptual approval but then based
on specific recommendations specifically regarding that retail study we completed, which to date
we haven't gotten the final draft yet on that either so we haven't given any standing on the retail
study and at a minimum, only twin homes be considered to be consistent on that north side. So
that was the marching orders that was given again when that appeared on the December It\
2005 conceptual approval. So with that to date the applicant has come forward with a twin home
plan. Just I'll make another point. On this plan here there was shown 10. Then when it came in
it went to 12, and they came in requesting a PUD. The purpose of the PUD allows for the
flexibility in the ordinance. It also is a tool that we used before this property is in the overlay
district. If you look at the original plan that I showed you that had the 16 units on, all those units
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