Agenda - Council - 06/25/2002 - Laserfiche WebLink

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-178- her understanding that the peninsula was not being developed at this time. Principal Planner Trudgeon explained that the final plat the Council was going to be considering did not create the lots along the peninsula. He explained that they will be platted as part of the second phase. Councilmember Anderson stated that during the preliminary plat approval process Mr. Black agreed to remove two lots with the condition that the development was not be subject to a bunch of delays. If this action constitutes a delay Mr. Black could choose to add the two lots back into the plat. City Attorney Goodrich replied that he would have to research that issue further. He explained that the motion would not delay the development of Outlot A at this time, but it might if they comeback for final plat prior to the tree preservation ordinance is in place. Councilmember Anderson inquired if the City Attorney felt that the City Council could pass the motion and stay within the contract. City Attorney Goodrich inquired as to what the precise commitments were. Principal Planner Trudgeon explained that during the preliminary plat process Mr. Black stated that he was willing to remove two lots along the pond if the process kept moving forward. City Attorney Goodrich replied that it seemed to him that the motion would not hinder the process at this time, but it could in the future. Councilmember Zimmerman inquired if the developer stated that he would place the peninsula as an outlot. Principal Planner Trudgeon replied yes, explaining that it will be platted as a second phase. Mike Black, Royal Oaks Realty, stated that their plat does have preliminary plat approval for the entire site. What they are requesting is final approval for The Ponds first addition, which places the peninsula as an outlot. They were not seeking final plat approval on the peninsula at this time because it was determined that the peninsula exceeds the cul-de~sac length requirement so they need to go before the Board of Adjustment and request a variance. They have always planned on presenting two plats because there is a second owner on the peninsula lots. The previous developer created two outlots on the peninsula and in the interest of simplicity they have the large plat and the second plat will have both parties involved. In terms of tree removal it has always been there intention that they will only remove the trees necessary for street, and utilities along the peninsula. The lots will be left in their custom state and leave it up to the builder when the lots are developed. They never claimed that they would cut down any more trees than what is necessary. To consider any delays their company would object. City Attorney Goodrich inquired as to what Mr. Black would consider a delay. Mr. Black replied that it is their intention to continue with the process. City Attorney Goodrich inquired if Mr. Black felt that the motion would be a delay. Mr. Black replied yes. City Attorney Goodrich inquired as to why he thought it would be delay. Mr. Black replied that they don't know how long the process will take to adopt a tree preservation ordinance. The cul-de-sac was constructed with a temporary dead-end and with services stubbed in. Clearly the intention of the City and the developer was that the site would be developed. They were going to come forward with the entire plat for final approval until it was noted an error for cul-de-sac length. He stated that he does expect the Council to approve the final plat, which is in agreement with the preliminary plat approval. Councilmember Anderson inquired if the peninsula was included in the plat. Mr. Black replied that the peninsula is included as an outlot. Councilmember Zimmerman inquired if it was the City's responsibility to notify the developer that the cul-de-sac exceeded City Code requirements or should have their consultants. Mayor Gamec replied that he thought that staff did their part by notifying the developer of the error. City Attorney Goodrich noted that Mr. Black does consider the pending motion a delay and heard arguments from the Council to the contrary. Mr. Iverson stated that tree preservation is far more reaching then the level of the developer. Not only are they dealing with the developer, but they also have to take into consideration City CoUncil/May 14, 2002 Page 9 of 33 I I I I I I I I I I I I I I I I I I