09-28-2005 Council Agenda - Laserfiche WebLink

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Following the meeting of September 1S`, the developer proposed that Magellan would allow them to lower pipeline by approximately seven feet in the vicinity of Preserve Court and Preserve Trail. As a result, their final plat submittals are based on this assumption and this allows them to revise the layout of the development in a manner that is much more acceptable to City Staff. Some important factors to consider are that Staff has not seen any evidence from Magellan that they will allow the pipeline to be lowered. Staff is also unclear as to whether just one or all three of the pipelines need to be lowered. Lastly, no plans on how this work would be accomplished and what impacts, if any, the lowering of the pipeline(s) would have on other components of the development. Therefore, factors such as timing of the work relative to other project activities, conditions imposed by Magellan, safety measures to be taken to protect the neighborhood, permits required by other agencies such as the Minnesota Office of Pipeline Safety, the Minnesota Pollution Control Agency, or other regulatory agencies can not be evaluated at this time and any approvals granted must include conditions that allow the City to ensure this work in done in an appropriate manner and does not create any negative impacts on the project. Finally, staff is also aware that another location of Preserve Trail may be possible. To date, documentation of this possibility has not been received from either the affected property owner or the developer. Therefore, we are unable to comment on the feasibility of this approach. However, if another connection point is possible that allows the developer to more easily transition between grades and avoids the need for lowering the pipeline(s), staff would encourage the developer's pursuit of this option. In light of the preceding comments, staff will update you on what has changed since the denial of the final plat that occurred in August of 2003. The previous findings are in italicized print and our new comments are in bold and labeled as "Commentary ". The review is as follows: FINDINGS OF FACT SUPPORTING DENIAL OF THE FINAL PLAT FOR THE PRESERVE 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