Minutes - Council - 04/11/2006 - Laserfiche WebLink

Home

the existing ordinance and are not asking for any variances. They should be able to get through this very easily, and both of his customers are willing to do that. Councilmember Cook stated his opinion is that the moratorium and the change to this ordinance will not have a substantial effect on these two developments. He believes they should move forward for a number of reasons, one being they need to see it hit the ground and take place, and it would be to the City's benefit to move these developments forward. Motion by Councilmember Cook, seconded by Councilmember Olson, to adopt the resolution approving the preliminary plat for Kelly Acres, contingent upon the following: 1. Compliance with City Staff review letter dated February 28, 2006, revised April 5, 2006 2. The developer obtaining a permit for community septic system construction from the Minnesota Pollution Control Agency 3. The City approving the Articles of Incorporation and Declaration of Covenants for the Home Owner's Association at Final Plat 4. The developer engaging the services of a professional management firm to manage the community septic system 5. The developer entering into a Development Agreement as part of Final Plat approval that will address the payment of Sewer and Water Trunk and Access Charges and the responsible party for the maintenance and abandonment of the community septic system. Further discussion: Mayor Gamec noted this development does not have the same problems as the development that was turned down due to the cul-de-sac and other issues. Councilmember Cook stated the development that was turned down was due to the length of the cul-de-sac and access issues. That applicant was asking for a variance that the Council would not allow. This application meets all of the standards of the present ordinance that was put forward; these developers waited for the ordinance to be in place before coming forward, and met with the letter of the law, as well as working with the City to see this hit the ground and work. If the developers are willing to look at future things the City wants to put in the ordinance and adhere to them, they have a developer putting their best foot forward. The City has asked a lot of these developers to sit back and wait a long time to see this area be available under this ordinance. He stated when you do something like a moratorium you please one community group and upset another. Right now they have landowners saying they have waited for three years to watch this ordinance come into place; they have a right to sell their land, and the City is now saying it is going back under moratorium and they will have to wait another year before they can see their dreams come to play. The City has more than worn down the patience of developers that have waited for this ordinance to take place. Councilmember Olson noted these were developers that were willing to develop at 2 ½ acres, but the City asked them to wait for the cluster ordinance, and they are now going to place a moratorium on that. Mr. Slettner stated these developments are for existing landowners and residents of the City, not developers, and they did sit back and wait for the cluster ordinance to come about. Councilmember Elvig questioned if there will be any requirements for the City to honor the ghost plat in the future in any way, shape or form if this development moves forward. Community Development Director Tmdgeon advised the City needs to honor the ordinance that is in existence with the preliminary plat approval. He explained the lots west of Armstrong Boulevard are not being created; they are being made into outlots. Any development rights would be non-existent, as they would be outlots and would City Council / April 11, 2006 Page 10 of 26