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PF15-010_RPCA_090215 Page 2 of 5 LEVEL OF CITY DISCRETION IN DECISION-MAKING Action taken on a plat request is quasi-judicial; the City’s role is to determine the facts associated with the request, and weigh those facts against the legal standards contained in State Statute and City Code. PROPOSAL 16 Mr. Mueller proposes to demolish the existing home and 17 plat the property into four lots for development of one-18 family, detached homes served by a private street. The 19 proposed preliminary plat documentation is included 20 with this report as Attachment C. 21 When exercising the so-called “quasi-judicial” authority on a plat request, 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 application meets the relevant legal standards and will not compromise the public health, safety 25 and general welfare, then the applicant is likely entitled to the approval. The City is, however, 26 able to add conditions to a plat approval to ensure that the likely impacts to parks, 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 July 34 10, 2015; the list of attendees and a short summary of their comments is included with this 35 RPCA as Attachment D. 36 PRELIMINARY PLAT ANALYSIS 37 As a preliminary plat of a residential subdivision, the proposal is subject to the minimum lot 38 sizes and roadway design standards of the subdivision code, established in Chapter 1103 (Design 39 Standards) of the City Code. The applicable standards are reviewed below. 40 City Code §1103.02 (Streets): Since the proposed street is to be a private street, requirements 41 for public rights-of-way do not apply. And while the Subdivision Code allows for private streets 42 at the discretion of the City Council, design of the must conform to Minimum Roadway 43 Standards unless an alternative design is specifically approved. The Planning Commission could 44 provide a recommendation to the City Council on this issue. 45 §1103.021 (Minimum Roadway Standards): The proposed street is shown as 32 feet in width, 46 which conforms to the standard width requirement and allows for parking on both sides of the 47 street, although it is not represented as having a curb. The proposed street is 195 feet in length at 48 its longest; since the street is less than 200 feet in length, it is not required to include a cul-de-49 sac, although not having a turn-around will make delivery services and trash/recycling service 50 more difficult or require the homeowners to bring their bins to Acorn Road. 51