Agenda - Council Work Session - 07/24/2007

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Councilmember Strommen stated she would like the findings to be clearer regarding the density transitioning. She stated the transitioning is more than a technical issue of a few more trees; it is more a matter that the plat needs to be redesigned to move some of the lots. She stated the City has a variety of mechanisms for density transitioning, such as matching density and other types of screening; the trees do not work in this case. She suggested the possibility of the road being moved away from the boundary with the lots moved to the center of the property for transitioning, which was discussed previously. Motion by Councilmember Cook, seconded by Councilmember Olson, to adopt the resolution adopting the findings of fact relating to a request for preliminary plat approval of Shade Tree Creek. Further discussion: Mayor Gamec noted this development is different than others that included two accesses and density transitioning with the lots in the middle of the development. Public Works Director Olson stated regarding the traffic generation study that was completed by Bolton and Menk as part of this subdivision, this type of analysis is generally completed to determine the effects on the intersection safety adjacent to the development. That study is not in relation to the length of any access point. Councilmember Elvig noted finding number 7 outlines that there are another 34 residences in addition to this development that would be served by this same access point. Public Works Director Olson explained the 16 new lots are not creating a traffic safety hazard at the intersection adjacent to the plat. The number of cars from this site is not a safety hazard off of the site. The traffic studies do not specifically address anything regarding the length of the access as a public safety concern. City Attorney Goodrich questioned if finding number 7 adequately addresses the public safety concern. Public Works Director Olson responded in the affirmative. City Attorney Goodrich noted Fire Chief Kapler testified on March 2, 2006, regarding the first plat application that has been subsequently denied. The new application is very similar in relation to the traffic. He questioned if Fire Chief Kapler would make the same statement regarding the new application. Fire Chief Kapler replied his statements are strictly from a public safety standpoint and remain the same. This is adequately covered in finding number 7, and this is still a public safety issue. Councilmember Elvig noted another thing brought forward by the applicant's attorney is the concern that the City may place a moratorium to potentially stop a specific development, with the suggestion that this might be the case with this application. He stated the Council has approved a couple other developments in the same predicament with different plats and different conditions. This plat includes a total of 16 homes, and he cannot imagine the Council would place a moratorium on an entire half of the City to stop a 16 home project. City Attorney Goodrich stated Councilmember Elvig is correct in that the moratorium ordinance addresses a myriad of things such as building permits, conditional use permits, and zoning, and the moratorium covers a large area of the City. Any time a moratorium ordinance is adopted there are things happening in that window period that will be affected; there cannot be a moratorium that does not impact someone. Regarding Councilmember Strommen's concerns, City Attorney Goodrich suggested the findings be revised to include an additional finding to state "The tree plan/landscaping will not afford the necessary density transitioning, and additional methods of transitioning by plat redesign are necessary to accomplish the ordinance requirements." The motion on the floor was withdrawn by Councilmembers Cook and Olson. City Council! May 9, 2006 Page 9 of 30