Minutes - Planning Commission - 05/03/1994

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Case #$: Request for Sketch Plan Review of Sunview First Addition, a Minor Subdivision; Case of Ben Deemer City Engineer Jankowski stated that the City has received an application from Ben Deemer for a minor subdivision to be named Sunview First Addition, explaining that the impending municipal water and sanitary sewer residential development to the east and the aligning of Sunwood Drive prompted Mr. Deemer to plat two urban lots and his homestead. Mr. Jankowski noted that the property is currently not in the MUSA but is anticipated to be by this summer. Mr. Jankowski advised that the alignment shown for Sunwood Drive on the sketch plan is not consistent with the alignment currently selected, and that the current alignment does not make the north-south street depicted on the sketch plan possible. Ben Deemer, applicant, commented that the map Mr. Jankowski was displaying was not offered to him prior to the meeting. Mr. Deemer noted the restriction of excavation (to prevent contamination) on his property with the exception of the east 135 feet. He inquired if he was not supposed to excavate, why should the City be allowed to for their realignment of Sunwood Drive. Mr. Deemer expressed his distress that the City was unwilling to negotiate with him on this road. He also requested that Mr. Jankowski return the "Right of Entry" letter which Mr. Deemer refused to sign, advising that he left his only copy of the letter with Mr. Jankowski. Mr. Deemer also noted that the sketch for a revised preliminary plat for the 5th Addition of Chestnut Hill (which Staff noted cOnflicts with the sketch plan for Sunview First Addition) has not yet been submitted, and therefore ishould not be taken into consideration Mr. Deemer submitted a letter dated May 2, 1994, for the Planning Commission's consideration; a copy is attached to these minutes as part of the record. Mr. Jankowski discussed how the present alignment was selected by City Council. Mr. Deemer stated he felt that the road alignment as proposed would end up a 50 mph road. He discussed the pros and cons of making the road 30 mph vs. 50 mph. Mr. Deemer explained how he first approached the City with his plan on March 1, 1994 -- too late to get on the April agenda. He stated he would like Town Road//57 vacated back to him. Acting Chairperson Hendriksen expressed his concern that more than one person on the Planning Commission believes the Commission's recommendation was different than what is depicted for the road alignment of Sunwood Drive, although he noted that if the City Council chooses to pick something else, they have the right to do so. He advised that the crux of the issue is that the City has approved a plat that shows a road that has not been built, and he inquired whether the City is required to build the road as shown. Commissioner Deemer stated that the City is not obligated to build the road as shown in the plat. Commissioner Deemer declared that he believed City Administrator Schroeder advised Mr. Jankowski not to present the Planning Commission's recommendation to City Council. Acting Chairperson Hendriksen stated he recollected that the Planning Commission chose the green line as the preferred alignment. It was the consensus of the Planning Commission that they recollected being in favor of the cheapest alignment (north), using the existing road if at all possible. Commissioner Thorud asked Mr. Deemer about the time frame for Sunview First Addition. Mr. Deemer stated that because of the legal issues involved, he has to do this now to establish a value to the property that the City is taking. Planning & Zoning Commission/May 3, 1994 Page 7 of 9