Agenda - Council - 08/14/2007 - Laserfiche WebLink

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Councilmember Elvig stated these folks are almost landlocked from that standpoint. This. project is suitable and nice; he likes the appearance and the elevations. He questioned if but not for the City whether the person to the north will move on the property, and if there is some sentiment that if the road is put in the adjacent landowner will not have to pay to help bring it all the way over. Associate Planner Dalnes stated the property owner to the north already received a letter from the County giving him access, but in other developments roads have been stubbed in with cul -de -sacs. The property is one acre and if there is a public road put in, which the City requires, with a public cul -de -sac, there will not be any land left. However, if they extend the road from the south 45 feet, which is a reduced right -of -way, that is much less land being required for roads and a better situation in staff s opinion. Councilmember Look commented with the layout of the church's land and the, proximity to the street this could pretty much reduce their land to being useless. Associate Planner Dalnes stated she has spoken with various people interested in that property about possible configurations on the road, and she believes the City is not taking the development rights from one property to give to another. Regardless, a development would have to include a public street, and if the property to the north would like to develop next month they would have the same requirement as this development. If the property in the middle came forward the road could connect. Staff is trying to come up with the most viable solution to give property rights to the person whose property is currently zoned R -2 and has submitted a proposal. Councilmember Elvig commented the possibility is that this project goes forward as it is for a period of time, and if the church to the north wants access to 146 they can access that. A project could be done with a ghost road that would tie these projects together. That would 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 any 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 146 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 -163-