Minutes - Council - 02/22/2022 - Laserfiche WebLink

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to speak. He was told the Comp Plan couldn’t be changed after an active project was started. That was the first question residents asked who were opposed to this development. He questioned why he was told that and what was happening tonight. He felt it was being done to make a developer happy. Mr. Johnson asked if the Comp Plan was only changed when a developer asked for it. It sounded like the developer or the residents could sue. City Attorney Knaak replied it is true that if someone comes in and makes an application and is accepted, the Comprehensive Plan and zoning laws in affect at the time of the application can’t be changed in a way that is detrimental or illegal to the proposal. What sometimes happens is the Council can modify it but not in a way that it makes it impossible for a proposal to go forward, that is the key. If in the process of reviewing a proposal, it is in the best interest of the City to modify the Comp Plan or the zoning code where that kind of negotiation is invited but are not required to and are under no obligation to the developer to change it. Councilmember Howell thanked City Attorney Knaak for the clarification. City Attorney Knaak replied it is at the Council’s discretion. Motion carried. Voting Yes: Mayor Kuzma, Councilmembers Woestehoff, Riley, Heineman, and Specht. Voting No: Councilmembers Howell and Musgrove. 7.03: Adopt Resolution #22-044 Approving Final Plat and Development Agreement for Lynwood Addition (Project No. 21-122); Case of U.S. Home Corporation DBA Lennar Deputy City Administrator/Community Dev. Director Hagen reviewed the staff report and recommendation to approve the final plat and agreement for Lynwood Addition for 74 attached townhome units with construction of two access points to Armstrong Blvd. Councilmember Woestehoff asked if there is a timeline between phase one and phase two. Deputy City Administrator/Community Dev. Hagen replied he didn’t know. Councilmember Woestehoff stated his concern is that according to the final plat, Ferret Street would end in a hard stop because it will eventually be extended but asked if there would be feedback from Public Works that it should be a cul-de-sac if the project takes time. Deputy City Administrator/ Community Dev. Hagen replied it appears a loop would be created in Ferret Street. He didn’t think a cul-de-sac would be needed. Councilmember Woestehoff replied if phase one was this coming year and phase two isn’t for three years, then he was concerned with Ferret Street not being a cul-de-sac for that period of time. He referenced the map and the cul-de-sacs and private streets and asked if the City would be responsible to plow or if they are under the townhomes responsibility. Deputy City Administrator/Community Dev. Hagen replied there are private streets in this development so snow removal and maintenance would be the responsibility of the home owner’s association. City Council / February 22, 2022 Page 15 of 34