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Approved Zoning of a Portion of West Side of Old Highway 8 from Mixed-Use(MX)to Multiple Family Residential(R3A) Consideration an application by David Bernard Builders and Developers for a preliminary review of a Planned Residential Development(PRD), Site Plan and Preliminary Plat in conjunction with a Re-Zoning of a portion of west side of Old Highway 8 from Mixed-Use(MX)to Multiple Family Residential(R3A)all in the Northwest Quadrant. The purpose of the request is to subdivide the property into several new lots of record and construct 704 residential units consisting of town homes, condominiums and senior housing. Staff is not comfortable requesting the Commission to take action tonight,but to schedule a special meeting on January 31,2006 to consider a formal recommendation. Fernelius gave a brief back ground history of the development,redeveloper and the City's relationship,the development proposal and the site plan analysis. Baker inquired if the City has considered creating a new zoning code for just the Northwest Quadrant. Fernelius replied that is one possibility, at the next Planning Commission meeting the City is hoping to discuss a new zoning code for the development. Schiferl asked if the problem was that there was not enough park and open space. Fernelius replied that there has been an issue with the amount of open space. The City and the developers have been meeting to try and figure out how to accommodate density and open space. The City and the County Parks Department recently had a meeting to discuss the possibility of the regional park providing some of the open space at the northwest corner of the development. The County is willing to look into the idea. The area would be an un-programmed space,with no play grounds or seating area,but a space that the residents and park users could use. Zisla asked if Fernelius could explain the shortage or problem that is occurring. Fernelius stated that the issue is who would be in charge of the area,who would maintain it; there is a concern that over time there will be an expectation that the City will be responsible for the smaller spaces in the development by the residents. Zisla asked why the City would be any more responsible for the open space than in any green space that has common ownership space in other parts of the city. Fernelius replied that the City wouldn't be,but it is a practical question that is raised during staff review. Some of the concerns can be met by the regional park and the proposed smaller park on the east side of the development. Mann wondered where the Park Dedication fee would be used. Fernelius replied the City and developer have come to an agreement that half of the park dedication fees that are collected will go back into Northwest Quadrant. Schiferl asked Fernelius when they reconvene in a couple of weeks, if they will have a code to work with or compare to. He is nervous to approve anything without a code to relate it to. Fernelius replied that the staff's and consultants feelings are not to do a Northwest Quadrant code for the west side,but to rezone it to R3A in conjunction with a PUD or a PRD. There are certain provisions within the R3A code that the development does not meet,and use the PUD or PRD to acknowledge those variations. The City will be developing a new code for the east side and possibly including the office development on the west side. Schiferl stated that he is very concerned that the design guidelines would not be put into the code,that without a code of some sort the guidelines would not be enforceable. Phil Carlson,DSU,replied that he has been drafting the new code incorporating the design guidelines for the development(called NWQ)and realized that the code does not need to apply to the residential portion of the development and it may add confusion since a bulk of the ordinance does not apply. He stated that the reason the C:\Documents and Settings\jgoepe\Local Settings\Temporary Internet Files\OLK28\1-17-2006.doc