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4.0B ACKGROUND 19 4.1The subject property, located in Planning District 4, has a Comprehensive Plan Land Use 20 Designation of Low-Density Residential (LR) and a zoning classification of Low-Density 21 Residential-1 (LDR-1) District. The F application does not seek to change the 22 INAL PLAT zoning classification of the property, and so the lot size and residential density 23 requirements will remain the same for the proposed subdivision as for the surrounding 24 neighborhood. 25 4.2When exercising the so-called “quasi-judicial” authority when acting on a request, 26 PLAT the role of the City is to determine the facts associated with a particular request and apply 27 those facts to the legal standards contained in the ordinance and relevant state law. In 28 general, if the facts indicate the applicant meets the relevant legal standard, then they are 29 likely entitled to the approval, although the City is able to add conditions to a plat 30 approval to ensure that the likely impacts to roads, storm sewers, and other public 31 infrastructure on and around the subject property are adequately addressed. 32 5.0PC UBLICOMMENT 33 5.1At the City Council meeting of May 20, 2013, the Council approved the preliminary plat 34 pursuant to the recommendation of the Planning Commission subject to the condition that 35 the developer providing a plan for screening vehicle headlights from neighbors on the 36 east, west and north sides of the subject parcel; and for screening the east and west 37 property lines. Minutes of the May 20, 2013 City Council meeting are included with this 38 report as Attachment C. 39 5.2ON July 17, the Planning Division did receive a letter via email from Mr. Rossbach 40 regarding tree preservation and the storm water management plan (see attachment H). 41 6.0FPPIC INALLAT AND UBLICMPROVEMENTONTRACT 42 6.1Plat proposals are reviewed primarily for the purpose of ensuring that all proposed lots 43 meet the minimum size requirements of the zoning code, that adequate streets and other 44 public infrastructure are in place or identified and constructed, and that storm water is 45 addressed to prevent problems either on nearby property or within the storm water 46 system. As a of an residential property, the preliminary plat was found to satisfy all 47 PLAT zoning and subdivision requirements. Any future development plans will need to comply 48 with all applicable City Code requirements and a Public Improvement Contract as well 49 the requirements of the Rice Creek Watershed District and any other regulating body. 50 6.2City Code §1011.04 (Tree Preservation) specifies that a, approved tree preservation plan 51 is a necessary prerequisite for approval of a preliminary plat. The City Planner reviewed 52 and approved the tree preservation plan submitted with the preliminary plat. However, 53 based concerns by residents regarding the number of trees not noted on the plan and the 54 absence of critical root zones of trees on adjacent parcels, the City Planner completed an 55 inspection on June 17, 2013, and required slight modifications to the plan. Attachment E 56 is the revised approved Tree Preservation Plan 57 6.3Pursuant to §1103.07 of the City Code and recommendation by the Park and Recreation 58 Commission (April 2, 2013), Josephine Heights is responsible for payment in lieu of land 59 dedication. The 2013 Fee Schedule establishes a park dedication amount of $3,500 per 60 residential unit; for the four, newly-created residential lots the total park dedication 61 would be $14,000, to be collected prior to recording an approved plat at Ramsey County. 62 PF13-005_RCA_FinalPlat_072213.doc Page 2 of 5