09-28-2005 Council Agenda - Laserfiche WebLink

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Outlot C: This outlot consist of a strip of property east of Preserve Court. The project has been redesigned to lower the elevation of Preserve Court, and thus also the elevation of the building pads, particularly through the middle of the plat. This has been accomplished by a lowering of the pipeline to allow Preserve Trail to cross it at a lower elevation. Retaining walls in the rejected Final Plat that were necessary to hold the street up (as much as ten feet or more) have been replaced by graded boulevards and lower walls. To the east of Preserve Trail, the proposed retaining wall along the south boundary is a maximum of four feet in height, presenting a lesser concern for wall failure or impact on public improvements in the event of such a failure. To the west of Preserve Trail, tiered walls serve to hold back adjoining property above the street, reducing the risk to the City's street and utilities. With regard to the house pads, the plans show a reduction in the amount of wall building along the wetland buffer area. Three of the lots in the middle of the plat would have tiered pairs of walls, however, it appears that there would be reasonable rear lot access to the walk- out homes which did not exist in some of the previous lot designs. Submittals include Constructions Plans (a 14 sheet set of drawings), Final Plat (a 2 sheet set), an address map, and Tree Inventory (a 6 sheet set). In addition, the applicant submitted proposed covenants applying to the lots in the plat. These and any other submittals were also reviewed by other staff. The City approved a Preliminary Plat with several conditions nearly three years ago. Since that time, the applicant has submitted one final plat proposal that was formally rejected by the City, and several other versions in an attempt to arrive at a design which would meet the City's Zoning and Subdivision Ordinances, generally accepted engineering practices, and other aspects of the City's regulations for public health, safety, and welfare. The most recent submission reflects the District Court's timeline for submission deadline, and the City Council has until September 30, 2005 to make a final decision. Preliminary Plat Approval. The planning report written for the first Preliminary Plat submission listed 15 items that needed to be addressed prior to approval. The applicants submitted a new proposal on September 30`h of 2002 which addressed some of those items. The follow -up report, dated October 2, 2002, identified 7 conditions for approval, based on the changes made in the revised plat drawings. Those conditions are listed below, with comments as to compliance or non - compliance in the current Final Plat application. 1. Realignment of Preserve Court off the Williams Pipeline right of way. For this item, the applicants have proposed no change in the physical design of the roadway. Instead, they propose to resolve the issue by gaining a release of the pipeline easement that is shown to conflict with the Preserve Court right of way. They have produced an undated letter from the pipeline company ( "Magellan ") which would offer a trade of the easement encroaching on the right of way with a triangular area shown on a plan which has not been made available to the City. With the information submitted, the City can not fully verify the