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Lathrop asked if Avery would have any objections to the project if there was no encroachment into <br />the ditch easement. <br /> <br />Avery replied they would have no objections to the project but would ask to be updated and notified <br />and that the ditch not be impeded. <br /> <br />Howard asked staff if the ditch easement contains a clause to maintain the historic flows into the <br />ditch. <br /> <br />Tom Phare, Public Works Director, replied that it is the responsibility of the property owner. <br /> <br />Howard questioned how Council could move forward when several issues remain unresolved. <br /> <br />Gastineau replied that the landscape issues can be resolved by moving a row of trees 10' to 20' to the <br />north, in addition to the fact that each individual lot must come forward with a PUD for Council to <br />approve. They were open for negotiation to resolve the issues as soon as possible. <br /> <br />Keany asked staffwhy this project has taken 15 months to reach this point. <br /> <br />Wood replied staff has made a good faith effort to move the project along. The applicant had not <br />complied with staff requests, plus issues related to the business center caused further delay. <br /> <br />Mayer questioned why a meeting between Maple Grove and O'Connor Development could not be <br />arranged during a three week period. He expressed concern for the fact that the applicant was asking <br />Council approval for an open space dedication in which the parcel of land was not identified. <br /> <br />Bill Simmons, City Administrator, stated that a draft contract to purchase vacant real estate between <br />O'Connor Development and a property owner was received this afternoon. There were items which <br />need to be discussed and negotiated. The letter requested that the City participate financially for the <br />difference between the amount listed in Gastineau's letter and the property owner's price. <br /> <br />Lathrop moved that Council continue the item until the March 31, 1998 meeting, pending resolution <br />of the open space issue and the Maple Grove Water Systems, Inc. issue, seconded by Mayer. Roll call <br />was taken. Motion passed by a 5-1 vote, with Levihn voting against and Davidson being absent. <br /> <br />DISCUSSION/DIRECTION - FINAL PUD DEVELOPMENT PLANS FOR LOTS 2 & 5, <br />COAL CREEK BUSINESS PARK - OFFICE BUILDINGS, DILLON ROAD <br /> <br />Paul Wood, Planning Director, stated that SEM Architects, Inc. had submitted Final PUD <br />Development Plans for two corporate office buildings in the Coal Creek Business Park. The Final <br />Subdivision Plat and overall Final PUD Development Plan were approved with a minimum open <br />space requirement of 30% and a maximum building height of 35'. The Lot 2 proposal was consistent <br />with the overall PUD with regard to setbacks and lot coverage, not with respect to maximum building <br /> <br /> <br />