02/14/2000 Council Minutes - Laserfiche WebLink

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• COUNCIL MINUTES FEBRUARY 14, 2000 5. Conditions of approval must be met (the conditions approved at time of preliminary plat approval) The submitted final plat shows some difference. First, the Apollo Drive alignment is slightly different. This is because the final plat uses the alignment supplied by the City. This slight adjustment in a road alignment is not a concern. More importantly, the final plat creates additional outlots. Instead of three (3) outlots, there are now five (5). The reason for this is that the developer encountered difficulties acquiring a mortgage for all the property. The final plat breaks the property up in a way that allows the developer to obtain a mortgage on a portion of the site. Staff indicated their concern with this is that the change must not create additional buildable lots. The developer's attorney has stated that the developer agrees to a stipulation that the lots are not buildable until the plat is revised. This is stated in a letter dated February 4, 2000, to Bill Hawkins from Gary Gandrud. Staff advised that as long as the City Attorney assures the City tha the City is protected from any claim to additional buildable lot arrangement can be given by staff. nt is enforceable and tion to approve of the The City and the developer have been negotiating extension of Apollo Drive. At the December 20, 1999, Council meeting, the Counci ppro gad initiating an eminent domain action and a feasibility study for the extension of Ap ' the Apollo Drive extension now will be a public project, the developer does not s.v�. c the road and utilities. Therefore, the typical development agreement, with its f s s iti-s, is not necessary. The City will construct the road and utilities and assess t „� e b �efiting properties. A new signature page -� � beep i .mitted. The City Attorney has reviewed and approved it. Most of the conditions p'°'•val refer to the site plan for McDonald's. These will be addressed as part of the building pe a review. Other conditions apply to the construction of Apollo Drive, such as the permit from Anoka County. Since the road will be a public project constructed by the City, such things become the City's responsibility. The City Attorney advised the reason for the change is to obtain a mortgage. He advised he received a letter from the applicant's attorney making clear that the lots are not buildable. Mr. Baylor, developer for the project, confirmed that he understands the additional outlots are not buildable. Council Member Dahl moved to approve the Final Plat for JADT Development Group, as presented. Council Member O'Donnell seconded the motion. Motion carried unanimously.