City Council Minutes 2014 07 01 - Laserfiche WebLink

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City Council Meeting Minutes July 1,2014 Page 9 of 31 new right -of -way will be constructed and privately owned, but because it is a right -of- way the City will have access. Council member Stolzmann asked if the utility running along Lafayette Street will be moved. Planning and Building. Safety Director Russ explained the utility will not be moved as it relates to Phase 2 and is not part of the application. Council member Stolzmann did not understand the rationale for the dedication and asked for an explanation. She asked if the proposed dedication was similar to other townhome developments. Principal Planner McCartney explained they are public access and Steel Ranch had land dedication and the mews in between, which is public access. Council member Stolzmann referred to the Westfield Condos and noted they have the same mews between them. Planning and Building Safety Director Russ explained the public access easements provided are not being counted as land dedication. He referred to the historic practice where parcels of land previously platted in the City do not require a land dedication. Council member Stolzmann inquired how the satisfactory requirement for land dedication has been met, when there was no land dedication. Planning and Building Safety Director Russ explained through the public land access easements the City is getting public access and public land, which will be privately maintained. Council member Keany explained this came forward in the Preliminary PUD and was accepted by a previous Council and the issue has been settled. Council member Stolzmann noted Chapter 17 refers to the Final PUD satisfying all the requirements of the Preliminary. She felt it was fair to ask the question. City Attorney Light explained the southern portion of the property was previously owned by Aggregate Industries and rezoned in 2008. The Council entered into a zoning agreement, concurrent to rezoning of the property, which clarified for that particular piece of property there would not be a requirement for land dedication under Sub Part B of the Code. They would have to make land dedication under Sub Part A, which is for utilities and other services. He explained this plat, like many other plats in Old Town, was platted before the regulations were put into place. There has been a historical practice of not requiring a public land dedication for re- subdivisions. At the time, the City Attorney recommended if Council desired to impose a public land dedication requirement for re- subdivision, for a conversion of residential use or creation of additional residential density, on property already subdivided, the Code should be reviewed and the language changed. Council member Stolzmann stated the mixed -use guidelines addresses wall length and height. She asked if the requirements are met with respect to the wall in the stormwater area. Principal Planner McCartney explained there is a condition for the wall to remain