08-27-2003 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL AUGUST 27, 2003 Fahey stated that it was his feeling that initially the neighborhood had hoped there would be no development of this parcel of property. However, it has become clear that there will be development and there will be a substantial number of lots developed on this site. Fahey stated, however, that it is his position that the development will be in conformity with the Codes. The City has been trying to steer the developer in that direction, however for whatever reason, the developer has not delivered what he should have. Blesener pointed out that he lives in this general area. It is his position that a property that is zoned properly can be developed in a reasonable and acceptable manner. Blesener felt, however, that the Final Plat as proposed was not acceptable. Mr. Fahey introduced the following resolution and moved its adoption: RE.S~OI. UTION NO. 2003-A-190 -DENYING APPROVAL OF THE FINAI. PLAT FOR THE PRESERVE 73ASED ON THE RECOMMENDATIONS OF THE CITY PL ANNER, CITY ENGINEER, CITYADMINISTRATOR, AND THE PLANNING COMMISSION, BASED ON THE FACT THAT THE FINAL PLAT IS A SU73S`TANTIAL DEPARTURE FROM THE PRELIMINARY PLAT FOR THE PRESERVE WHICH WAS APPROVED WITH CONDITIONS ON OCTO73ER 23, 2002, BASED ON THE FACT THAT THE FINAL PLAT DOES NOT COMPLY WITH RE~UIREMENT.S OF THE CITY'S CODES, AND 73ASED ON THE FOLI OWING ADDITIONAL FINDINGS OF FACT: Based upon the submittals of June 12, 2003, the proposed final plat of The Preserve is deficient in regards to compliance with provisions of the Little Canada Subdivision Ordinance as follows: 1001.080 This provision states, "Whenever there is a difference between minimum standards or dimensions specified herein and those contained in other official regulations, resolutions or ordinances of the City, the most restrictive standards shall apply. Developer proposes to grant the City a 50-road right-of--way that is encumbered by an existing Williams Pipeline easement. In Little Canada City Code Chapter 2302, it states "In order to provide for the health, safety and well-being of its citizens, as well as to insure the structural integrity of its streets and the use of the rights-of--way, the City strives to keep its rights-of--way in a state of good repair and free from unnecessary encumbrances." The more restrictive provision requires the City's right-of--way to be unencumbered. Therefore, the proposed right-of--way for Preserve Court should be moved off the Williams easement as required in the approval of the preliminary plat. 12