Minutes - Council - 03/28/2006 - Laserfiche WebLink

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public safety hazard of allowing the development with only one access and an over- extended cul-de-sac, and the insufficient amount of density transitioning. 7. That the presence of wetlands to the south and west limits the subject property's opportunities for additional accesses 8. That the extension of 177th Avenue to Highway 47 will not be constructed prior to the City Council taking action on the plat. 9. That the plat, as proposed, hinges upon the construction of a cul-de-sac that does not comply with City Code, and requires a variance. 10. That the variance to maximum cul-de-sac length has been denied. 11. That City Code Section 9.50.30, Subd.3.g., which provides that the maximum length of cul-de-sac streets shall be 600 feet, does take precedence over City Code Section 9.50.30 Subd.2.b, which states that it is the "stated intent" of the City Council to connect streets with adjoining parcels for development. 12. That there is a public safety concern with the fact that Erkium Street NW is the single access to the 34 platted residential lots located immediately east of the Subject Property; and that the addition of 16 new lots as proposed by the Applicant will intensify this public safety concern. 13. That at the preliminary plat public hearing conducted on February 2, 2006 and March 3, 2006, information was presented with would/would not give a reasonable basis on which to deny/approve the proposed preliminary plat. Motion by Councilmember Elvig, seconded by Councilmember Strommen, to adopt Resolution #06-03-099 adopting findings of fact #0757 relating to a request for preliminary plat approval of a subdivision proposed to be named Shade Tree Creek, with the findings amended as stated above. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Elvig, Strommen, Jeffrey, Olson, Pearson, and Strommen. Voting No: Councilmember Cook. Motion by Councilmember Elvig, seconded by Councilmember Jeffrey, to adopt Resolution #06- 03-I00 denying preliminary plat approval to Shade Tree Creek based on the findings of fact. Further discussion: Megan Wald, Shade Tree Construction, requested the Council to look at the preliminary plat and Shade Tree will bring back a revision showing compliance with the 600 foot cul-de-sac. City Attorney Goodrich advised there is the feasibility that a moratorium on the rural development area may be brought forward by Councilmember Elvig tonight following this action. If this plat were to be continued it would not be affected by the moratorium. If the plat is denied it should not be based on the moratorium; it should be considered based on the facts before the Council. Mr. Strandlund stated Shade Tree has been trying to work with the City for over one year on this. If it is denied without the Council trying to table it Shade Tree will have to pursue the legal route. Shade Tree worked with the Council in special session and went forward with what the Council approved, and they are now being denied. Shade Tree is willing to work with the Council to shorten the cul-de-sac; they do not want to play games. City Attomey Goodrich asked if the applicant would be willing to extend the 120 day term to May 30 if this were to be tabled. He explained it is likely that the Council will consider a moratorium on this area, and if the term were to be extended the plat would be included in the moratorium area. City Council / March 28, 2006 Page 18 of 31