Agenda - Council - 12/22/1981 - Laserfiche WebLink

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Relationship of the Proposed Project to the Subdivisio.n Regulations Section 170.041 of the Subdivision Regulations deals with soils standards for proposeddevelopments. In essence, this section requires that as a minimum, that 25% of each lot contain Class I soils in order to ensure that the private sewer system will function properly. In reviewing the report by the consulting engineer to the project, much of the site is made up of Class II and III soils which have unfavorable characteristics for soil absorption sewer systems. Thus, unless the site contains at least 25% of Class I soils, a variance would have to be granted to the standards in this section. In order to deal with the problem of poor soils and high water table, the developer has proposed an innovative sewer system (mound system). However, it is not clear from the existing ordinances that a mound system would be permitted. If not, the ordinance would have to be amended or a variance granted. The usual standard for the granting of a variance is hardship. Alternative Approaches of Dealing With the Project Proposal. Alternative #1. Grant the Rezoning Request One alternative for the city officials is to simply grant the rezoning request on the basis that the proposed development is desirable and that the area is the best location for the proposed bank and other retail stores. However, if the rezoning is granted, the Comprehensive Plan should be amended to reflect that the ~city policy has changed in relation to where future commer- cial developmen-t should be located in the city. Unless the Comprehensive Plan is amended to reflect this, the previous actions of the city officials in deny- ing other proposed commercial development for the same general area may be open to legal challenge. The city officials should also be aware of the fact that amending the Comprehensive Plan to designate the area around Highway #47 and 167th Avenue for general commercial development would also affect the existing extensive commercial zoning in the southeast portion of the city and may require some changes to this zoning. In addition, the city officials should be aware that one of the consequences of granting the rezoning for the 6 acre parcel of land could be that it establishes a legal precedent for the granting of additional requests for commercial rezoning in the area. Thus, the city may someday in the near future be facing the problem of how to provide urban services to this area, such as sanitary sewers,.storm sewers, water systems, etc. Due to the high water table in the area, the city officials should be certain that an innovative mound sanitary sewer system will function properly in the area without causing pollution problems. To protect the city, the city officials should through a properly drafted contract with the developer specify that if pollution problems do result from the development that the developer and not the city, would be responsible for developing a solution to any problems that may result in the future. Even so, this may not totally absolve the city if the state were to order a city solution to the problem such as extending sani- tary sewers if and when it becomes available to the southeastern portion of the city.