2015-07-01_PC_Agenda_Packet - Laserfiche WebLink

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LCDD-M EVEL OF ITY ISCRETIONIN ECISIONAKING quasi-judicial Action taken on a platrequest is ; the City’s role is to determine the facts associated with the request, and weighthose facts againstthe legal standards contained in State Statute and City Code. P ROPOSAL 16 Mr.Mueller proposes to demolish the existing home and 17 plat the property into fourlotsfor development of one- 18 family, detached homes served by a private street.The 19 proposedpreliminary plat documentation isincluded 20 with this report as Attachment C. 21 When exercising theso-called “quasi-judicial” authorityon a platrequest,the role of the City is 22 to determine the facts associated with a particular request and apply those facts to the legal 23 standards contained in the ordinance and relevant state law. In general, if the facts indicate the 24 applicationmeets the relevant legal standards and will not compromise the public health, safety 25 and general welfare, then the applicant islikely entitled to the approval. The City is, however, 26 able to add conditions to a plat approval to ensure that the likely impacts toparks, schools,roads, 27 storm sewers, and other public infrastructure on and around the subject property are adequately 28 addressed.Subdivisions may also be modified to promote the public health, safety, and general 29 welfare, and to provide for the orderly, economic, and safe development of land, and to promote 30 housing affordability for all levels. 31 An applicant seeking approval of a plat of this size is required to hold an open house meeting to 32 inform the surrounding property owners and other interested individuals of the proposal, to 33 answer questions, and to solicit feedback. The open house for this application was held on March 34 25, 2015;Mr. Mueller reported that it was attended by five individuals, and that the two main 35 topics of conversation had to do with storm water concerns and why the private street was to be 36 32 feet wide if will only serve four lots. 37 PPA RELIMINARY LATNALYSIS 38 As a preliminary platof a residential subdivision, the proposal is subject to the minimum lot 39 sizes and roadway design standardsof the subdivision code, established in Chapter 1103 (Design 40 Standards)of the City Code as well as the lot size standards if the zoning code, established in 41 §1004.10 (MDR District). The applicable standards are reviewed below. 42 City Code §1103.02(Streets): Since the proposed street is to be a private street, requirements 43 for public rights-of-way do not apply.And while the Subdivision Code allows for private streets 44 at the discretion of the City Council, design of the must conform to Minimum Roadway 45 Standards unless an alternative design is specifically approved. The Planning Commission could 46 provide a recommendation to the City Council on this issue. 47 §1103.021 (Minimum Roadway Standards): The proposed street is shown as 32 feet in width, 48 which conforms tothe standard width requirementand allows for parking on both sides of the 49 street, although it is not represented as havinga curb.Theproposedstreet is 195 feet in length at 50 its longest; since the street is less than 200 feet in length,it is not required to include acul-de- 51 sac,although not having a turn-aroundwill make delivery services and trash/recycling service 52 more difficult or require the homeowners to bring their bins to Acorn Road. 53 PF15-010_RPCA_070115 Page 2of 5