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03/05/91
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03/05/91
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Meetings
Meeting Document Type
Agenda
Document Title
Planning and Zoning Commission
Document Date
03/05/1991
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Motion carried. Voting Yes: Chairman Zimmerman, Commissioners Deemer, LaDue, Terry and <br />Thorud. Voting No: None. Absent: Commissioners Bawden and Hendriksen. <br /> <br />Motion by Commissioner Deemer and seconded by Chairman Zimmerman to forward to City <br />Council a recommendation that City Attorney be directed to proceed to draft an ordinance <br />amendment to City Code to allow screened exterior storage as an accessory use in Business and <br />Industrial Zones. <br /> <br />Motion carried. Voting Yes: Chairman Zimmerman, Commissioners Deemer, LaDue, Terry and <br />Thom& Voting No: None. Absent: Commissioners BawdenandHendriksen. <br /> <br />Case #3: Discussion of Platting Procedures Relating to Fiintwood Hills 2nd <br /> Addition P.U.D. <br /> <br />An Raudio was present to discuss the process of fint~ platting for Flintwood Hills. <br /> <br />City Engineer Jankowski reviewed what had happened with Flintwood Hills 2nd Addition P.U.D. <br />up to this point and added that he and Zoning Administrator Frolik had researched whether or not <br />the proper procedure had been followed in the past as Flintwood Hills 3rd and 4th were phases of <br />Flintwood Hills 2nd Addition. Final plat approval to 3rd and 4th was granted years after <br />preliminary plat approval. He stated that the City Ordinance in effect at the time the Flintwood <br />Hills P.U.D. was platted states that the developer must file for final plat approval within six <br />months of the preliminary plat approval; current code extends that period to one year. A strict <br />literal interpretation of either of these ordinances leaves doubt as to what the appropriate procedure <br />is in this particular situation. Mr. Jankowski read the original ordinance and asked if a portion of a <br />preliminary plat is final platted (as was the case with Flintwood Hills 2nd Addition) then is the <br />remainder of preliminary plat valid forever? He then proceeded to read the ne,,,,, language in the <br />ordinance and added that the new wording also is somewhat ambiguous in this case. He <br />summarized the new wording by saying it says Council ma)' extend prelin'finary plat upon written <br />application, but added that the Ordinance does not state when such written application ma), be <br />made. Must the written application be made prior to preliminary plat expiration, or can it be made <br />at an), time? He read an excerpt from a planning text and stated that it is Staffs opinion that the <br />Planning and Zoning Commission should determine the intent of the time limitation for final <br />platting. <br /> <br />Commissioner Deemer stated that in his opinion, if the developer is not proposing an), changes <br />from the preliminary plat approval, he shouldn't have to come back for the public heating, etc. <br /> <br />Ms. Frolik added that the ma.in reason a community wants to set a time limit on platting time frames <br />is because things change and the City might have to honor a plat that no longer conforms with City <br />standards. She added that the time period is one year from preliminary to final plat approval and <br />two years from date of final approval to record. <br /> <br />I¥'u'. Raudio stated that the ordinance isn't clear with regard to if the time limit should be set at the <br />time of final plat approval. <br /> <br />Nh-. Jankowski stated that a way to accomplish this would be that the developer present a phasing <br />plan that the City Council would a~ee to and when time frames expire, request that City Council <br />review or ~ant an extension based on the fact they a~eed to the phasing plan. <br /> <br />Motion by Commissioner Deemer and seconded bv Commissioner Thorud to recommend that City <br />Council ~ant final plat approval to Flintwood Hil~s P.U.D. 5th Addition based on prelim/naD; plat <br />approval granted to Flintwood Hills 2nd Addition P.U.D. in 1984 and that future platting of all <br /> <br />Planning & Zoning Commission/February 5, 1991 <br /> Page 8 of 10 <br /> <br /> <br />
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