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7b RCA UPDATED Page 2 of 13 The applicant proposes to remove the existing house at 210 S McCarrons Boulevard and subdivide the 5 three residential parcels generally addressed as 196 – 210 S McCarrons Boulevard, resulting in the 20-6 lot The Enclave at McCarrons Lake plat for development of single-family detached townhomes and a 7 shared lake-access parcel. The proposed townhome lots are designed to conform to the requirements of 8 the MDR zoning district, which already regulates the five-acre 210 S McCarrons Boulevard parcels, but 9 a change of the comprehensive plan land use map from Low-Density Residential (LR) to Medium-10 Density Residential (MR) and rezoning from the Low-Density Residential 1 (LDR-1) district to the 11 Medium-Density Residential (MDR) district are necessary for the 196 S McCarrons Boulevard parcel. 12 The plat relies on a subdivision variance to the maximum length of a cul-de-sac street. The applicant 13 also seeks approval of two, more discretionary elements of the development: provision of a shared lake 14 access among the future homeowners’ association members as a conditional use, and a variance to set 15 most of its dwellings at a side property line to preserve a larger, more usable space in the opposite side 16 yard. Illustrations and other information about the proposed development are included with this RCA in 17 Attachment C. 18 When exercising the City’s legislative authority on a comprehensive plan change or rezoning request, 19 the role of the City is to review a proposal for its merits in addition to evaluating the potential impacts to 20 the public health, safety, and general welfare of the community. If a comprehensive plan change or 21 rezoning request is found to be consistent with the Comprehensive Plan and is otherwise a desirable 22 proposal, the City may still deny the request if the proposal is found to compromise the public health, 23 safety, and general welfare. 24 When exercising the “quasi-judicial” authority on subdivision, subdivision variance, zoning variance, 25 and conditional use requests, the role of the City is to determine the facts associated with a particular 26 proposal and apply those facts to the legal standards contained in the ordinance and relevant state law. In 27 general, if the facts indicate the application meets the relevant legal standards and will not harm the 28 public health, safety, and general welfare, then the applicant is likely entitled to the approval. The City 29 is, however, able to add conditions to all such approvals to ensure that potential impacts to parks, 30 schools, roads, storm sewers, other public infrastructure, and the surrounding community are adequately 31 addressed. Subdivisions may also be modified to promote the public health, safety, and general welfare, 32 and to provide for the orderly, economic, and safe development of land, and to promote housing 33 affordability for all levels. 34 Easement Vacation 35 The proposed drainage and utility easements as shown on the proposed plat meet the requirements of the 36 City, and staff supports the proposed vacations provided these new easements will be dedicated in the 37 plat. The City will require additional drainage and utility easement over the wetland, and the City 38 Engineer has communicated this requirement to the developer. 39 Comprehensive Plan Land Use Map Change 40 In order to facilitate the proposed development the applicant is requesting a change in how 196 S 41 McCarrons Boulevard, at the eastern edge of the site, is guided in the Future Land Use Plan. 42 Specifically, the applicant is seeking to change the land use guidance from the LR district to the MR 43 district to match the bulk of the property in the development site. This process begins with a pre-44 application community engagement effort. The applicant did not hold a conventional in-person meeting, 45 but made themselves available for people to engage with by email and phone over several days, and held 46 a virtual open house meeting during that time. A summary of this engagement is a required component 47 of this application, and it was submitted to staff on January 8; staff emailed this summary to each 48 community member who engaged in the process and provided an email address, and the summary is 49