Minutes - Planning Commission - 04/03/2001

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subdivisions. However, the adjacent property owners are aware of Mr. Nordvik's plan because of the public hearing that was conducted relating to the variance to 4 units in 40 acres density restriction. The minor subdivision will create two new lots from one existing lot. There is a house on the southern part of the existing lot. After the platting, the existing house will be located on Lot 1, Block 1, of the new plat. Lot 2, Block 1, would be a new buildable lot. The existing residence has on-site sewer and water systems. The new lot will also be served with private on-site sewer and water systems. She noted that Lot 2 will meet the 2.5 acre minimum lot size requirement. The southerly 37.5 feet of Lot 1 is proposed to be dedicated for trail corridor purposes. Therefore, Lot 1 is approximately 2.2 acres in size. City Code allows for remnants meeting 75% of the lot size requirement to be platted as additional lots. Also, road right-of-way can be used to meet minimum lot area requirements when platting. The City Attorney has determined that trail corridors are transportational in nature and may also be used to meet minimum lot sizes. Therefore, Lot 2 at 2.2 acres is acceptable. Community Development Director Frolik noted the property is in the Rural Transition Area for which there is a density restriction of 4 units in 40 acres. The lot split does not comply with 4 in 40. On December 5, 2000, the Board of Adjustment granted a variance to the 4 in 40 rule to facilitate the lot split. She noted the minimum lot width and explained that in this case, Mr. Nordvik is proposing that both homes will use two existing accesses onto County Road #83. The lots are at least 200 feet wide adjacent to County Road #83. However, Code states that when there is a choice between a local street and a County or State road, the driveway should access the local street. Eland Street stubs into the subject property from the north and could serve Lot 2. Community Development Director Frolik stated staff would recommend that the two existing driveways onto County Road #83 be utilized as temporary access. The minor subdivision development agreement should require that if and when the property subdivides further, both driveways will be converted to a local street interior to the plat. To facilitate this plan, staff is requesting that the corridors for the extension of Eland Street from the north and 157th Avenue from the east be preserved within the plat boundaries by linear parks and drainage and utility easements. At the time the property is further subdivided, or upon the City's request, these easements would be conveyed to the City for road right-of-way purposes. Community Development Director Frolik advised that Mr. Nordvik and she discussed this and he is concerned with that proposed term in the development agreement requiring him to turn over the right-of-way at the City' request. Mr. Nordvik's concern is that if the City would need the street extended to the south, the City could split his property in half premature of him being ready to develop his property. She stated she did ask the City Attorney if there is a way to preserve that corridor to assure it can be developed when Mr. Nordvik is ready. Community Development Frolik stated the developer is responsible for providing the City with a resubdivision plan to show an ultimate plan for the property if and when it is served by City sewer and water. A plan has been provided but should be modified to reflect the 37.5 foot wide park corridor along the south property boundary. She advised that the Park Commission reviewed the proposed subdivision on March 8, 2001 and recommend dedication of a trail extension along the south boundary of the plan. The remainder of the park dedication due would be satisfied with a cash payment. City staff recommends approval of the minor subdivision. Motion by Chairperson Nixt, seconded by Commissioner Reeve, to approve the sketch plan for Nordvik Addition and recommend that the applicant proceed to the final plat stage contingent Planning Commission/April 3, 2001 Page 17 of 18