Minutes - Planning Commission - 02/05/1991

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Motion carried. Voting Yes: Chairman Zimmerman, Commissioners Deemer, LaDue, Terry and Thorud. Voting No: None. Absent: Commissioners BawdenandHendriksen. Motion by Commissioner Deemer and seconded by Chairman Zimmerman to forward to City Council a recommendation that City Attorney be directed to proceed to draft an ordinance amendment to City Code to allow screened exterior storage as an accessory use in Business and Industrial Zones. Motion carried. Voting Yes: Chairman Zimmerman, Commissioners Deemer, LaDue, Terry and Thorud. Voting No: None. Absent: Commissioners Bawden and Hendriksen. Case #3: Discussion of Platting Procedures Relating to Flintwood Hills 2nd Addition P.U.D. Art Raudio was present to discuss the process of final platting for Flintwood Hills. City Engineer Jankowski reviewed what had happened with Flintwood Hills 2nd Addition P.U.D. up to this point and added that he and Zoning Administrator Frolik had researched whether or not the proper procedure had been followed in the past as Flintwood Hills 3rd and 4th were phases of Flintwood Hills 2nd Addition. Final plat approval to 3rd and 4th was granted years after preliminary plat approval. He stated that the City Ordinance in effect at the time the Flintwood Hills P.U.D. was platted states that the developer must file for final plat approval within six months of the preliminary plat approval; current code extends that period to one year. A strict literal interpretation of either of these ordinances leaves doubt as to what the appropriate procedure is in this particular situation. Mr. Jankowski read the original ordinance and asked if a portion of a preliminary plat is final platted (as was the case with Flintwood Hills 2nd Addition) then is the remainder of preliminary plat valid forever? He then proceeded to read the new language in the ordinance and added that the new wording also is somewhat ambiguous in this case. He summarized the new wording by saying it says Council may extend preliminary plat upon written application, but added that the Ordinance does not state when such written application may be made. Must the written application be made prior to preliminary plat expkation, or can it be made at any time? He mad an excerpt from a planning text and stated that it is Staff's opinion that the Planning and Zoning Commission should determine the intent of the time limitation for final platting. Commissioner Deemer stated that in his opinion, if the developer is not proposing any changes from the preliminary plat approval, he shouldn't have to come back for the public hearing, etc. Ms. Frolik added that the main mason a community wants to set a time limit on platting time frames is because things change and the City might have to honor a plat that no longer conforms with City standards. She added that the time period is one year from preliminary to final plat approval and two years fi'om date of final approval to record. Mr. Raudio stated that the ordinance isn't clear with regard to if the time limit should be set at the time of final plat approval. Mr. Jankowski stated that a way to accomplish this would be that the developer present a phasing plan that the City Council would agree to and when time frames expire, request that City Council review or grant an extension based on the fact they agreed to the phasing plan. Motion by Commissioner Deemer and seconded by Commissioner Thorud to recommend that City Council grant final plat approval to Flintwood Hills P.U.D. 5th Addition based on preliminary plat approval granted to Flintwood Hills 2nd Addition P.U.D. in 1984 and that future platting of all Planning & Zoning Commission/February 5, 1991 Page 8 of 10