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RCA Exhibit A 2� LEVEL OF CITY DISCRETION IN DECISION—MAKING 22 Action taken on a plat request is quasi-judicial; the 23 City's role is to determine the facts associated with the 24 request, and weigh those facts against the legal standards �, 2� contained in State Statute and City Code. ,_��,� .a�.� s=�1 26 PROPOSAL `�� CrsricW�to��„� t�sp_ '°�� c.�� ", � -.,"�� Suhdivision �'� � . 2� Mr. Mueller proposes to demolish the existing home and v.�, '''G� � Zoning/Subdivision 28 plat the property into three lots for development of one- ;� '� Ordinance �i :�-� ` s � �s, 29 family, detached homes served by a private street. The �� Comprehensive Plan � 3o proposed preliminary plat documentation is included � ` 31 with this report as Attachment C. 32 When exercising the so-called "quasi judicial" autharity on a plat request, the role of the City is 33 to determine the facts associated with a particular request and apply those facts to the legal 34 standards contained in the ordinance and relevant state law. In general, if the facts indicate the 35 application meets the relevant ]egal standards and will not compromise the public health, safety 36 and general welfare, then the applicant is likely entitled to the approval. The City is, however, 3� able to add conditions to a plat approval to ensure that the likely impacts to parks, schools, roads, 38 storm sewers, and other public infrastructure on and around the subject property are adequately 39 addressed. Subdivisions may also be modified to promote the public health, safety, and general 4o welfare, and to provide for the arderly, economic, and safe development of land, and to promote 41 housing affordability for all levels. 42 PRELIMINARY PLAT ANALYSIS 43 As a preliminary plat of a residential subdivision, the proposal is subject to the minimum lot 44 sizes and roadway design standards of the subdivision code, established in Chapter 1103 (Design 45 Standards) of the City Code. The applicable standards are reviewed below. 46 City Code §ll 03.02 (Streets): Since the proposed street is to be a private street, requirements 4� for public rights-of-way do not apply. And while the Subdivision Code allows for private streets 4s at the discretion of the City Council, design of the must conform to Minimum Roadway 49 Standards unless an alternative design is specifically approved. The Planning Commission could 5o provide a recommendation to the City Council on this issue. 5� §1103.021 (Minimum Roadway Standards): The proposed street is shown as 32 feet in width, 52 which conforms to the standard width requirement and allows for parking on both sides of the 53 street. (Approximately 19 on-street parking stalls would be available, assuming each stall is 54 allotted 23 feet of curb length as required for parallel stalls in a public parking area.) The 55 proposed street is about 170 feet in length at its longest; since the street is less than 200 feet in 56 length, it is not required to include a cul-de-sac, although not having a turn-around will make 5� delivery services and trash/recycling service more difficult or require the homeowners to bring 5s their carts to Acorn Road. 59 City Code §1103.04 (Easements): Drainage and utility easements 12 feet in width, centered on 6o side and rear property lines, are required where necessary. The proposed plat meets and exceeds s� this requirement. 62 City Code §1103.06 (Lot Standards): Subd. A of this section requires that all lots for one- �s family detached dwellings must be at least 85 feet wide, 110 feet deep, and comprise at least PF15-023 RPCA 120215 Pagea�eo�f`��