Planning Commission Minutes 2021 06 10

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Planning Commission Meeting Minutes June 10, 2021 Page 4 of 15 Zuccaro replied that the Open Space board was supposed to advise Council on potential acquisitions. He referenced the Open Space Ranking Table, noting that the current acquisition strategy contemplated trail easements and some acreage. This was a working document for OSAB and Council and the 2019 document was the most current. Moline stated that OSAB would have been aware of this when it was doing its referral comments for this development and their recommendation was to accept the dedication in the application. Brauneis asked Director Zuccaro to describe the fee simple language in the document. Zuccaro replied that he wasn't totally familiar with the history of the document, but the fee simple was about being dedicated to the City, which was in the current Redtail proposal. The dedications should take place after the Final Plat, even though the Open Space document mentioned the PUD approval timeline. Moline asked if staff had identified any wildlife habitat or any other natural resource issues on the property that would preclude the proposal as it stands. He asked for confirmation that the application was not going to create significant impacts on wildlife and the environment. Zuccaro replied that he didn't know if the analysis didn't go so far as to say it wouldn't have an impact, but the Code did talk about preserving natural features but that was about as strong as it gets. When the boards went out and did their visits they looked at the parts that had not been developed. Diehl asked if the entirety of the Redtail parcel was ever considered a target for the Open Space Advisory Board (OSAB). Zuccaro replied that he was not sure previous to 2019 and he imagined there had been conversations over the years about different types of acquisitions but he didn't know. Diehl asked about the acreage column. Zuccaro replied that there were three different segments referenced in the chart and his interpretation was that it meant 30 acres total, not 30 acres for each reference, but he was not sure. Howe asked about the deed restriction regarding height restrictions and if the City were not to approve heights above three stories would the common open space not exist. Zuccaro replied that if they did not provide heights over three stories there would be no obligation to provide open space. The deed restriction would be approved during the PUD process and would run with the land. It would have language about the character of the land and it was a separate document drafted by the Attorney that was a restriction on the property that was enforceable.