08-27-2003 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL AUGUST 27, 2003 process, that is review of Preliminary Plat by the Planning Commission and City Council and then review of Final Plat by the same entities. Blesener indicated that given the major changes in the Final Plat before the Council this evening, from what was acted upon as a Preliminary Plat, the plan should start over in the review process. Fahey noted the numerous findings of fact that City staff put together relative to reasons for denial of the proposed Final Plat. He noted that several relate to non-compliance with the approved Preliminary Plat, and also noted the developer's own admission that the Final Plat is not in compliance. Fahey stated that he has real concerns with the proposed Final Plat before the Council, and feels that the Council should deny the plat. Fahey felt that the developer has had adequate opportunity to resolve the issues of concern, and the City has only received a lot of fluff from the developer and non-compliance with the recommendations of staff' Fahey pointed out that the City has the right to act on the proposed Final Plat this evening, and he indicated that he did not support tabling action. Fahey also felt that staff has done a good job of outlining the reasons why the proposed Final Plat should be denied. Von Riedel indicated that Dayspring does not believe it has met the necessary requirements for approval of the Final Plat for The Preserve, and that is the reason for the request for an extension. Von Riedel also noted that the listing of findings of fact for denial contain a number of items that they have not seen before. Von Riedel indicated Dayspring is hying to pursue the development of this property in the best manner they can. Von Riedel also noted that the Watershed approved a permit for this development last year with conditions that the permit not be issued until a couple of conditions have been met. Von Riedel indicated that Cliff Aichinger of the Watershed has said that the conditions are minor. Fahey noted that the Watershed action last year was based on the Preliminary Plat that was submitted without retaining walls, guardrails, and fill. The proposed Final Plat is a substantially new and different plan, and Fahey indicated that he is not buying the developer's contention that the changes from the Preliminary Plat are minor. Von Riedel indicated that the Watershed has not said that the Final Plat is a completely different plan. Von Riedel indicated that the proposed fill has not changed and that there was always a substantial amount of fill proposed. Von Riedel indicated that the retaining walls were added because the City Engineer did not like the steep slopes that were proposed adjacent to the proposed street.