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• <br />Planning & Zoning Board <br />March 8, 2000 <br />Page 5 <br />Mr. VonBische explained that he believed the City had five choices. The first choice <br />would be to approve the plat and get an extension when the Church makes a decision. <br />The second choice would be to approve the plat and the City could use it's power of <br />eminent domain to acquire the Church property. The third choice would be to approve <br />the plat with an alternate entrance. The fourth choice would be a denial of the plat. The <br />fifth choice would be to table the item and continue negotiations. He explained that he <br />just wanted fairness as he has done everything he can do within reason to meet the <br />requirements of the plat. The burden now was with the City to determine if a road is <br />really worth it. <br />Chair Schaps responded by telling Mr. VonBische that it sounded like he was asking the <br />City to do what he is supposed to do as a developer, and that it was easy for Mr. <br />VonBische to tell the City to use the power of eminent domain to acquire Church <br />property. The City has told Mr. VonBische exactly what it needs, but Mr. VonBische <br />cannot get the deal done. <br />Mr. VonBische said the City would be denying a landowner the right to access a County <br />road, and the right to develop his property. He note City can get the road in the <br />future if it wants, it just needs to plan for it. He s as willing to build the road and <br />pay for it. If the Church does not want to make s dea �s t is the way it is, and the City <br />should use the power of eminent domain to a � e property. <br />Chair Schaps reiterated it is not the City's hat the developer cannot do. He <br />suggested that Mr. VonBische do wh t o get the deal done as it is his business. <br />The City's job is to make sure the meets all of the ordinances. He <br />commented the City has been de .�: _ <br />th � is item for six months now and the project <br />has gone nowhere, even thou or changes have been made. <br />Mr. Corson stated he could sy e with the developer, but agreed that it is not in the <br />City's interest to condemn Church property. He asked if Bluebill Lane was considered as <br />an alternate for a major intersection. <br />Mr. Powell responded and said Bluebill Lane is not a four -way intersection, and the <br />median will make it a right -in, right -out. The rationale for not considering it as an <br />alternate for a major intersection is the spacing between 4th Avenue and Lake Drive and <br />that Wood Duck Trail serves a larger area. <br />Mr. Corson questioned why a Wood Duck Trail shift would not work. <br />Mr. Powell stated Wood Duck Trail is a future signalized intersection, and a shift in the <br />south leg would not work. <br />Mr. Corson stated his agreement with Chair Schaps , and said it was not in the City's best <br />• interest to condemn Church property. <br />