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regarding the length of the cul-de-sac, as well as the single access. The Council reviewed this sketch plan at work session in September and in December. During the first review the Council expressed concern regarding the cul-de-sac length. During the second review Wild Oaks was directed to pursue the plan as proposed. The advice from the Council was somewhat conflicting. Chairperson Nixt noted one observation he has is that the concept of the cluster ordinance was to provide opportunity for some development to occur before urban services were made available. This development appears to include the maximum amount of density before urban services will be brought to this facility, and it will provide no long term benefit. The ordinance is being used as a means to extract all available development out of this site instead of providing for development on some portion of the site that would conform to city codes and ordinances. This site could likely meet the 600 foot cul-de-sac requirement, with some of the housing units in the area clustered, using the on-site septic system under the cluster ordinance concept while waiting for other improvements to occur. He has a difficult time seeing this development brought in under the cluster ordinance and being asked to grant a 500 foot variance, which is well beyond anything that has been granted. This development is coming in under the cluster ordinance with full density development to the property, leaving nothing to be developed in the future. This guts the whole purpose behind the cluster ordinance, which is to provide some immediate relief and give opportunity for development in the future when those services are ultimately available. Mr. Maloney stated this application meets the requirements of the cluster ordinance in relation to lot width and overall density. Chairperson Nixt replied that makes assumptions regarding the cul-de-sac length. It is a big assumption that the City will gut other portions of their ordinance to allow the developer to take advantage of another provision of the ordinance. The developer does not get to pick and choose between the ordinances to get the best benefit. He questioned why the applicant feels an additional 500 feet to the cul-de-sac length is appropriate when as Mr. Maloney has already stated it is not a question of if, it is a question of when the facilities will be available and the development potential of this property will be realized. Mr. Maloney replied if they only extend to the statute limits on the length of the cul-de-sac and then close it off, the homes around there will be in a bubble with no long term capability for traffic, aligning of streets and meeting the comprehensive needs of the City, including what they have been asked to date to dedicate in right-of-way for future connections. Wild Oaks of Ramsey has followed the statute of the ordinance. He realizes at sketch plan the issue of the cul-de-sac length was raised, but it was never discussed that it could be a make or break thing. If that had been the case the developer would have determined this really would not work, and would have looked to avoid going through all they have gone through regarding the waste water treatment system. Mr. Maloney stated Wild Oaks of Ramsey has included an outlot design for the cluster septic system. When sewer and water gets extended they had discussed possibly developing those lots, or they could remain undeveloped as an upland greenspace area. According to the letters received from Planning Staff, this development has met the gross density requirements. He stated in the present ordinance there is not an upland statute, which is typically included with all of these types of cluster ordinances. However, in the case of transition with what the City had on the books it was not included, and this development followed the statute of the ordinance as it Board of AdjustmentlMay 4, 2006 Page 4 of 8