Agenda - Council Work Session - 07/27/2021

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dedicated right of way) to the east, between Lots 8 & 9 and/or over the southern portion of the Lot 7. While this may provide a potential opportunity for future development to the east, due to existing wetlands, it still seems unlikely that a connection to another public road could occur. This is not included in the currently proposal. There is a forty (40) acre parcel west of the Subject Property that is presently landlocked. That property owner has requested a sixty (60) foot wide corridor be reserved and extended to this parcel to eliminate the landlocked status. The southwestern portion of the Subject Property has a lot of wetland area, making any sort of future road connection to the west very challenging. It appears that the forty (40) acre parcel is entirely wetland and would not be considered as buildable land. The Preliminary Plat does not include the requested corridor. Public Safety staff (Police, Fire, and Public Works) have reviewed the request. With the road width increased to thirty-two (32) feet, Public Works has indicated support for the proposed layout. Fire Staff has stated that their preference would be for a connection to an existing public street or a reduced cul-de-sac length; however, they have noted that with the increased road width (to 32 feet), this would be functional and workable. Police Staff do not support the project as proposed due to a single point of access and the length of the cul-de-sac. Variance Request As noted, the project proposes a cul-de-sac length of approximately 1,600 feet, which requires a variance. A three (3) factor test to determine practical difficulties must be considered when contemplating a variance: 1. Reasonableness - The project does appear reasonable as it is proposing nine (9) total lots over ninety-four (94) acres of land. There is only limited access to an existing public road (about 160 feet), which eliminates the opportunity to create a second access point without impacting wetland, putting a road through a dedicated park, and at least a partial acquisition of one of the adjacent, existing residential parcels. 2. Uniqueness - There are unique conditions applicable to the Subject Property. There is limited existing road frontage to access the Subject Property. The project is attempting to minimize impacts to existing natural site conditions (wetlands, flood plain, tree cover). Adding additional roadway to create a 'loop' would increase impacts to wetlands and tree cover while still not creating a second access point. Connecting to 178th Lane is not feasible as outlined above in #1. 3. Essential Character - The proposed subdivision would not alter the essential character of the neighborhood. In fact, the project includes far fewer lots than would be allowed by City Code. The current configuration has the least impact to existing site conditions and includes lot sizes more compatible with surrounding properties. Alternatives Variance Alternative 1: Motion to adopt Resolution #21-15 5 granting a variance to cul-de-sac length. While the length of the proposed cul-de-sac more than doubles what City Code allows, the project is only proposing nine (9) lots when, based on the acreage, more than thirty (30) would be possible. This layout minimizes impacts to wetlands and tree cover, avoids impacting an existing park, and eliminates the need to potentially acquire a portion of another existing, residential lot to make a connection to 178th Lane NW. Alternative 2: Motion to deny the variance. It appears that this project does meet the 'practical difficulties' statutory standards. Based on existing conditions on the Subject Property and surrounding areas, it does appear that the proposal is reasonable, that there are unique conditions, and that it would not alter the essential character of the locality. If the Planning Commission does not support the variance, Findings of Fact should be developed to document the denial. Furthermore, this would require modifications to the preliminary plat, which would then need to be reconsidered by the Planning Commission. Preliminary Plat Alternative 1 (Assuming the variance is approved): Motion to recommend City Council adopt Resolution #21-156 granting approval of the Preliminary Plat for Williams Woods. Approval of Preliminary Plat grants entitlement to the project as long as the Final Plat substantially matches the Preliminary Plat. The with the exception of the cul-de-sac length, the proposed project complies with all bulk standards for the R-1 Residential (Rural Developing) District.