10-10-2002 Planning Comm. Minutes

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MINUTES PLANNING COMMISSION OCTOBER 10, 2002 response from Williams. Williams has now responded and McDonald indicated that they are completely comfortable and accepting of the plat and the road as laid out. The City Planner noted that some of the issues raised by staff are as a result of the Williams report. Given Williams position that they will not be responsible for road or utility restoration in the event they do maintenance on their lines, staffis recommending that the road and utilities be moved off the easement. Shifting the road off the easement will impact the lots at the westerly edge of the plat. The Planner indicated that it is also the City's understanding that there are additional areas of pipeline easement on the Palmen property that are not reflected on the drawing submitted this evening. The location of the pipeline easement as presented this evening will have to be verified. McDonell indicated that there is no gray area with regard to the location of this easement. It is as shown on the drawing presented this evening, and they will submit the information obtained from Metro Land Surveying. The City Planner noted that the 50-foot setback policy adopted by the Council impacts the plat on the east end and would eliminate Lot I, Block 2. The Plamrer noted that irregai~dless of the impact the setback policy has, there is an issue with Lots 1 and 2 with regard to width. The Planner noted that Lot 2 doesn't appear to be consistent with the City's Subdivision Ordinance. The buildable width appears to be only 70 feet, while the ordinance requires a 75-foot minimum. Therefore, it was the Planner's recommendation that Lots 1 and 2, Block 2 should be combined. McDonell indicated that it is against State Statute to apply the 50-foot setback policy against this plat given that the application was submitted prior to adoption of the policy. McDonell reported that they have checked case law, and the City's policy does not apply to this play. McDonell indicated that they were not in favor of combining Lots I and 2 as suggested. The City Administrator also pointed out that there is a moratorium in place on this property and Mr. McDonell's interpretation may not be accurate. The City Planner also indicated that he has raised some issues in his report relative to landscaping, and the Williams letter affects some of the landscaping recommendations. Another issue is the fact that the development of Preserve Trail creates some non-conformities given that interior lots are being changed to corner lots. To resolve the non- conformities issue, the Planner stated that his recommendation is that -6-