09/09/1998 P&Z Minutes - Laserfiche WebLink

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• Planning & Zoning Board September 9, 1998 Page 3 B. Century Farm Development, 7744 Sunset Ave., Minor Subdivision Ms. Wyland stated that Mr. Gary Uhde would like to purchase the rear 375' of Lot 5, Block 1, Sunset Oaks (7744 Sunset Road) for future inclusion into the Behm's Century Farms 5th or 6th Addition. The parcel would consist of 1.41 acres and leave .69 acres with the existing homestead. In January of 1997 the City approved a similar minor subdivision and rezone for five parcels along Lilac Street. The property is currently Zoned Rural and a rezone is not scheduled at this time, however, rezoning could be considered at the October meeting of the P & Z if the Board determines it would be more appropriate to review these items simultaneously. In the alternative, a rezone could be considered at the time a preliminary plat that would incorporate this site in future phases of Behm's Century Farms is considered. Ms. Wyland summarized that factors that discourage approval and supported approval. She stated it is a Planning and Zoning Board determination to approve or deny the request for minor subdivision. Mr. Corson asked about the State Code regarding one acre lots and the septic system. Ms. Wyland stated the City Ordinance refers to existing homesteads. • Mr. Corson asked if the .69 acres would be required to have City sewer. Ms. Wyland stated staff is suggesting the .69 acres have City sewer when it becomes available • Mr. Dunn asked how the septic requirement will be mandated. Ms. Wyland explained that in other situations the City required the property owners to waive their Charter rights. The residents on Rice Lake Lane signed a petition waiving their rights because they were reducing their lot size. There is a precedent that has been set regarding this issue. The sewer will then be installed with the 5th or 6th Addition. Mr. Dunn asked if a legal document will be on file regarding this issue. Ms. Wyland indicated there could be provisions in the development agreement. Mr. Dunn stated he is concerned that if there is not a legal document it will not be done. Mr. Trehus asked how the parcel can be subdivided if it is not in the MUSA. Ms. Wyland stated that when the Comprehensive Plan is approved this area will be in a growth area. It is possible the area will be added to the MUSA. Because the land is not being developed now, it does not need to be in the MUSA right now. The request is unique to this area. Mr. Gary Uhde, a representative from Century Farm Development, came forward and gave a history of the process of Behm's Century Farms which began in 1992. The City Council has requested they continue to incorporate the neighbors in the development process. That was demonstrated on Lilac Street. They are currently going through the same process. An answer is needed in a timely manner for the property owners.