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Request for Action <br />To <br />Item Number <br />Mayor and City Council <br />8.2 <br />Agenda Section <br />Meeting Date <br />Prepared by <br />General BusinessJune <br />17, 2019 <br />Zack Carlton, Planning Manager <br />Item Description <br />Reviewed by <br />Hilltop Woods Estates Second Addition, 20655 <br />Peter Beck, City Attorney <br />Victoria Drive <br />Reviewed by <br />■ Easement Vacation <br />Cal Portner, City Administrator <br />■ Simple Plat <br />Action Requested <br />Review the plat of Hilltop Woods Estates Second Addition and direct staff to prepare a resolution <br />approving or denying the plat for the July 1, 2019, City Council meeting. <br />Postpone action on the easement vacation until July 1, 2019. <br />Background/Discussion <br />Case No. P 19-08 <br />On June 3, 2019, the City Council reviewed a request by Linda Schultz for approval of an easement vacation <br />and the plat of Hilltop Woods Estates Second Addition. Multiple residents spoke in opposition to the plat <br />citing concerns with traffic, arguing that previous action by the Planning Commission and the original <br />Development Agreement prohibit Council approval of the plat. At staff's suggestion, the Council directed <br />staff to prepare a resolution denying the plat due to violation of the maximum length of a cul-de-sac. <br />Staff and the city attorney reviewed the information submitted during the meeting, including the 1993 <br />Development Agreement for Hilltop Woods Estates, the Planning Commission Minutes from 2001, and the <br />city approvals for the 1993 plat of Hilltop Woods Estates. The review found the length of the existing cul-de- <br />sac was approved by variance (V 92-008) in 1993. The current applicant is not proposing to extend the <br />existing cul-de-sac to serve the one additional lot created with the plat. Therefore, staff has concluded that <br />the plat cannot be denied on grounds that the cul-de-sac length will exceed the maximum length allowed <br />under ordinance. <br />The city attorney reviewed the Development Agreement and has determined that the document language <br />should be considered when reviewing the plat, but that the city is not obligated to deny the plat on that <br />condition alone. The agreement also is not a city, county, or regional plan that would violate standard number <br />two when considering approval of a plat. <br />Additionally, review of the conditions for variance approval (V 92-008) and the plat of Hilltop Woods (P 93- <br />03), there is no Council -approved condition limiting future development at the end of the cul-de-sac. <br />The Planning Commission minutes from 2001 discuss an application for an 11 -lot cluster subdivision on <br />the property currently proposed to be split from one to two lots. The Commission recommended denial <br />The Elk River Vision <br />A PehoMing community Pitb revolutionary and spirited resourcefulness, exceptional P,` 01 W E H E 8 6 T <br />service, and community engagement that encourages and inspires prosperity INAMIRE1 <br />