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PLANNING COMNffSSION MARCH 25, 1980 PAGE 4 ? • Much of the p roposed site is p resently, and almost constantly, under water. It may, and probably will be verydifficult, to adequately drain the site area initially and/ or to prevent drainage and "wate r problems" Mr. Rego, Attorney for Bauer Development Co. and Mr. Sayler, Engineer, responded that there were extenuating circumstances regarding the development of this land: the property is undeYwater as a result of the surrounding development (exi.sting large trees that are now under- water would seem to prove that the area was not always flooded 2) the area is an eyesore and it would be to the City's advantage to have it developed 3) the property is located about 1500 feet away from an existing sewer and there are only 21 1'ots to be developed. Since this area is much lower and it is receiving drainage from surroimding land, the lake or open retention (which is larger than required) would alleviate the exi.sting problems and also provide fill for the lots which are to be developed. Mr. Rego advised that 4 lots were in- cluded in the previous plan (submitted 3/28/78) on which Mr. Bauer had options at that time. These options have since lapsed, however, if a plan can be approved, it is likely that the present owners would sell the land for this development. Mr. Saylor also stated that any undersized lot would be increased to conform to code. The neighbors viewed the plans. They expressed concern that filling ? in this property would create more drainage problems for them. They were advised that the City would not approve a drainage plan that would drain water onto the adjacent land. Andrew Stoller, 5295.,Dover Center, questioned whythe proposal was refused 2 years ago. Mr. ZicDermott advised thatit was disapproved because of drainage, and that this plan is _different but still unacceptable. They were also . advised that the site plan was imacceptable sirxie the street is too close to the intersection of Whitethorn and Kennedy Ridge Rd. Mr. McDermott advised _that he had visited the site and it was still imder water and that the City would not accept a plan with an open retention basin and water flowing into an open ditch, and that the developer would be reqtiired to put in a sewer at his own expense. After further discussion, Mr. Rego and Mr. Saylor decided to withdraw the proposal pending further .discussion with the Engineering Department. The neighbors were assured that they would be notified of the next hearing of i'he Kennedy Acres Subdivision before Planning Gommission. V. COMMUNICATIONS: B. Gorris moved to put Ord. 80-39 into committee for study, seconded by J. Roberts, and unanimously approved. VI. NEW BUSINESS: No I tems ?