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HomeMy WebLinkAboutS-0220-A Staff AnalysisFebruary 15, 1983 SUBDIVISIONS Item ,No . _16 NAME: APPLICANT/ENGINEER: STAFF ANALYSIS: Michael Cove Improvements Deferral Requests Bob Richardson 1717 Rebsamen Park Road Kittle Rock, AR 72202 Phone: 664-0003 The applicant presented this item to the Subdivision Committee and requested that it be considered by the -Planning Commission on February 15th. He is asking that the Commission consider.deferring Kanis Road improvements that are associated with the Michael Cove final plat until the property is developed. Originally, the Commission required platting of this property to accommodate the development of the Kanis Place/Asbury Park Apartments' access to Kanis Road. Afterwards, tri-party agreements were entered into for completion of boundary street and interior street improvements. The interior street (which is an extension of Michael Drive) has been completed and accepted for maintenance by the City. The applicant has offered justification for his request by stating that the City has assurance of future construction of the improvements by either of two alternatives: (1) The development of the property by building construction or; (2) Subdivision of the two tracts. Each of these would require making improvements to Kanis Road. Even though release of the tri-party agreement relieves the owner from constructing improvements at this time, the Commission still has the mechanism to require the improvements whenever the property is developed. The applicant feels that because of the slow pace of development along Kanis Road, the area will not be impacted too greatly by delaying these improvements. February 15, 1983 SUBDIVISIONS Item No. 16 - Continued Staff concurs with Engineering's position that the interior street that has been completed is adequate to serve Asbury Park until final improvements to Kanis Road are completed; and there is no problem with delaying the improvements until the adjacent property is developed. STAFF RECOMMENDATION: Approval as requested. PLANNING COMMISSION ACTION: Mr. Bob Richardson represented the application. A discussion was held during which the Commission expressed apprehension over granting this request. They felt that it had the potential of creating a lawsuit between the buyer and the seller, or creating a situation similar to a previous issue in which an applicant agreed to comply with certain improvements when the property was developed, but sold the property before the improvements were made. When the unsuspecting new owner came in to get a building permit, he found out about the agreement, but felt that he was not obligated, since he was not a party to the agreement. Instead of granting this request, the Commission moved that the tri-party be extended for one year in -the amount of off -site improvements on Kanis, providing that the agreed improvements be escrowed by a letter of credit for one year. The motion passed by a vote of 11 ayes, 0 noes, 0 absent.