Minutes - Council - 05/22/2007 - Laserfiche WebLink

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provide a lot of opportunity for the landowner in between to connect and that would become a valuable piece of property. He is of the mind to say but for not the City moving this forward this could sit for an awful long time, and he does not see ally other use for this property. Motion by Councilmember Elvig, seconded by Councilmember Olson, to adopt the resolution to approve the final plat of GAD's Prairie, contingent upon compliance with the City Staff Review Letter dated May 18, 2007, and the Developer entering into a Development Agreement/Permit with the City that specifically requires the elimination of the County Road access at such time that the temporary cul-de-sac is extended to 146ili Avenue. Further discussion: City Attorney Goodrich advised the Council approved this preliminary plat in 2006. According to state law, once the preliminary plat is approved they cannot make changes to it through ordinance, the comprehensive plan or other regulatory provisions. The City is almost obligated to approve the final plat within that year period with the possible exception that they made the preliminary plat contingent on the Staff Review Letter at that time, and one contingency was that the approval is subject to whatever the County stated with regards to the access. Mr. Goodrich advised the County has given strong reasons as to why the access should not be allowed, but does end up allowing the access. It is possible, but slim, that the final plat could be denied based on the safety concerns of allowing the access. Mayor Gamec commented that access off of 146ili Avenue would require a very long cul-de-sac, and cul-de-sac length is limited by ordinance. Councilmember Look stated if the cul-de-sac does not meet the ordinance requirements and the County requires the temporary access to be shut down there will be seven homes that are landlocked if the center property does not comply. Mayor Gamec stated his opinion is that there should be two accesses; there would be one access now with a future access to 146ili Avenue. Councilmember Strommen pointed out when the access to Highway 5 is closed it would return to one access. Assistant Community Development Director Frolik indicated the County has said the temporary access will remain until there is a through street all the way to 146ili Avenue. Associate Planner Daines indicated there would also be a non-conforming cul-de- sac of over 600 feet. Councilmember Dehen stated there will be a cul-de-sac either way; if it is approved as it is presented it includes a cul-de-sac, and if there is access from 146th Avenue or Helium Street the access onto Highway 5 will be terminated resulting in a cul-de-sac. Councilmember Elvig stated this is a challenged piece of property that will require a long cul-de- sac if the Highway 5 access is shut off at some time. There is precedent for that with the availability of urban service and the location right along Highway 5. There was another project that was challenged like this that included a long cul-de-sac and no access except from Highway 47. Fire Chief Kapler noted that project along Highway 47 included a privacy fence. He noted according to the scale of this project the cul-de-sac may not be much longer than 350 feet. Councilmember Strommen stated she agrees that this development needs to be figured out, but she would want to see the cul-de-sac design on the southern portion. Part of her concern is headlights with the road coming so close to Highway 5. Councilmember Elvig suggested the motion include direction to staff to come back with an adequate plan for a cul-de-sac turnaround and additional screening. City Attorney Goodrich suggested tabling this to resolve the fairly major issues that have been raised. Associate Planner DaInes indicated a decision needs to be made within the next month. There are two meetings before there will be a timeframe problem. Councilmembers Elvig and Olson withdrew the motion on the floor. City Council / May 22, 2007 Page 17 of24