Riverview Estates-AG 951114CITY COUNCIL MEETING=
AGENDA REQUEST FORM
November 14, 1995
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ITEM CAPTION:
Discussion and consideration of granting a variance to the Subdivision
Ordinance extending Riverview Estates preliminary plat east of Sandy
Lake Road to allow for final plat submission.
SUBMITTED BY: Jim Witt
city Manager
STAFF COMMENTS
STAFF RECOMMENDATION
e.
Approval Deniel
EXPLANATION=
BUDGET ~MT. $
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FINANCIAL REVIEW~
Agenda R~quest Form - ~ 1/94
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CITY MANAGER REVIEW:~.
Document Nam~ rivi~xv cst.cm ' \1
MEMORANDUM
Date:
November 9, 1995
To:
From:
Subject:
Mayor and City Council(~/t
T
As a background to your consideration of the Riverview Estates preliminary plat, I will provide
you with information that we have gleaned from previous City records and conversations with
those involved in the preliminary plat approval process. First of all, this plat was approved in
the latter part of 1991 by both the P&Z Commission and the City Council. During Council
deliberations, three conditions were attached to the approval of the preliminary plat. There was
also general discussion related to thc completion of a flood plain study, but, according to the
minutes, that was not part of the final motion on behalf of Council. In a subsequent letter to
the developer from our Planning Department an additional condition was added, that being the
completion of a flood plain study.
According to the developer, upon receipt of the letter conditioning plat approval and the
submission of the final plat with the completion of a flood study, his interested buyer dropped
consideration of the property. The developer did not become focused on this situation until
approximately 60 days ago when he learned that the fourth condition was not part of the
officially approved City Council minutes. He contends it was improper for Staff to add the
fourth condition and that it cost him the opportunity to sell the property right after the
preliminary plat had been approved. The developer has asked me in my position as City
Manager to extend this preliminary plat life. I have refused to do so since it is not within my
authority. The only way to rectify this situation is for consideration by the Council to extend
the plat life.
I would also like to add that the subject of vested rights and impact fees becomes part of your
consideration. It appears at this time the developer is willing to pay the impact fees in place at
the time the preliminary plat was approved. We do know that he objects to the present impact
fee level and will contest any assessment of impact fees over those that were in place in 1991.
That is all the information we have related to this matter. ! will be more than happy to answer
any questions you may have at Tuesday's Council meeting.
JW:kar
rvestpp. 118