7A, Approve PC 08-005 for Traverse Business Ctr

Home Browse Search

The other park dedication requirements since 2002 have related to residential subdivisions, and thc average park dedication fee has bcen approximately $5,200 per new lot. If the City Council deems CMK's proposals to be inadequate, there is still time to continue negotiations before the statutory review deadline expires. It is important that CMK sufficiently offset the park and recreational needs created by their use; however, based on the City's regulations, State Statutes, and comments from the City Attorney, Staff is comfortable with the revised proposal from CMK. It is important to note that the City cannot deny the plat request if there is not agreement on the park dedication proposal. If there is not an agreement, the City can set the requirement and CMK must deposit the value of the improvements into an escrow. The park dedication requirement is then evaluated by the courts. Development Agreement For subdivisions that include the construction of new streets and/or public utilities, the City can require a development agreement (Attachment B). For this subdivision, the responsibility of grading, tree removal, and utility, and drainage/stormwater work will be on the propeI1y owners at the time building and grading permits are submitted. The agreement outlines the requirements of the approved Final PUD; the final specifications for all grading, utilities, drainage/stormwater provisions; the perf0I111anCe guarantees; and other city requirements to ensure that the development is implemented as the Final Plat and PUD were approved. All grading, utility, and stormwater work are subject to City review, inspection, and approval. The City Attorney prepared the agreement. The developer is currently reviewing the agreement, and there may be minor changes made prior to the Council meeting. If any changes are needed, revised copies will be provided prior to or at the meeting. Findings of Fact The Planning Commission offers the following thirteen findings of fact for rcview: Zoning Code Findings: I. A Final PUD has been approved for this project. 2. Condition five of the Final PUD requires the propet1y to be replatted. 3. The layout in the preliminary and final plat proposal meet or exceed all of the requirements of the underlying Gateway Business Zone, including minimum lot size, lot width, and lot depth. 4. The parcel in the preliminary and final plat is capable of accommodating the proposed buildings while meeting all required setbacks and coverage limits without any additional variances. liMl'Iro-iIlCf.us!arde/lhills\P/flllllillg\P/al1l1illg Coscsi2008\08.005 1h/l"crs(' Pre/ill/iIlOI)' & FiIUl/ Pial find Vaclltioll (PC App/'O\'ctf)!042808- CC Reporl - Trlll'C/"sc !Jim. doc Page 5 of7