PC meeting 06/20/05

ITEM NO 2A:            FINAL PLAT FOR AUTO EXCHANGE; 3301 SOUTH IOWA STREET (PGP)

PF-05-15-05:  Final Plat for Auto Exchange auto dealership.  This proposed one-lot commercial subdivision contains approximately 0.5 acres.  The property is generally described as being located at 3301 South Iowa Street.  Submitted by Paul Werner Architects, L.L.C., for Auto Exchange, Inc., property owner of record.

COMMISSION DISCUSSION

Krebs said she pulled this item from the Consent Agenda because the vote on the Preliminary Plat had been close and she wanted to state for the record her intention to oppose the Final Plat because she did not think the plat provided adequate right-of-way.

Staff responded to questioning that it was not advisable to deny a Final Plat when it was essentially consistent with the approved Preliminary Plat.  It was noted that the code was clear that the Commission should not approve any plat that was not consistent with the Comprehensive Plan.

Mr. Patterson showed the location of the subject property and where an additional 10’ of right-of-way along S. Iowa Street would be dedicated with this plat.

There was discussion about the multiple considerations given to the Preliminary Development Plan and Preliminary Plat, noting that the conditions recommended by the Planning Commission were later revised by the City Commission.  The revised conditions were reflected in the Staff Report and Staff recommended approval of the plat subject to these conditions.

The Commission discussed access as the primary issue with this project and the fact that it would be ideal if the property could negotiate a cross access agreement with the adjacent properties to the west or south.  This would allow for the potential closing of the existing 33^rd Street access without landlocking the parcel.  However, the applicant had not been successful in getting these agreements in place with the adjacent property owners.

Burress asked about the possibility of adding a condition preserving potential cross access easements for the future.  Staff indicated concern with allowing additional traffic to have direct access to 33^rd Street, as the driveway would be too close to the intersection.

APPLICANT PRESENTATION

Paul Werner, Paul Werner Architects, spoke on behalf of the applicant.  Mr. Werner pointed out that this project was dedicating the same amount of right-of-way (10’) as every other existing property along this stretch of S. Iowa Street.

COMMISSION DISCUSSION

It was verified that the plat included a waiver allowing an additional 5’ encroachment into the setback.  This Final Development Plan was consistent with what was approved in the Preliminary Development Plan.

ACTION TAKEN

Motioned by Eichhorn, seconded by Jennings to approve the final Plat for Auto Exchange and forward it to the City Commission for acceptance of easements and rights-of-way, subject to the following conditions:

1. Provision of the following fees and recording documentation:

a. Current copy of paid property tax receipt at the time of submittal of the Final Plat for filing;

b. Recording fees made payable to the Douglas County Register of Deeds; and

c. Provision of a completed Master Street Tree Plan per Section 21-708a.

2. Submission of Public Improvement Plans to Public Works prior to filing of the Final Plat;

3. Execution of a Temporary Utility Agreement;

4. Pinning of Lot in accordance with Section 21-302.2; and

5. Reflect Terry Riordan as the Planning Commission Chairperson.

          Motion carried 8-2, with Burress, Eichhorn, Erickson, Haase, Harris, Jennings, Lawson and Riordan voting in favor.  Ermeling and Krebs voted in opposition and Student Commissioner Wright voted in favor.