01/08/1997 P&Z Minutes - Laserfiche WebLink

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• • • Planning & Zoning Board January 8, 1997 Page 2 without an application for rezoning. It was the consensus of the Board that approval of the five minor subdivisions should be done in conjunction with a rezoning application for the area, which has been submitted. Chair Schaps declared the public hearing open at 6:38 p.m. Mr. Brixius stated that the rezoning application is from Rural to R -1 Single Family. The properties are located along Lilac Street near the intersection of Laurene Avenue. The developer is proposing to purchase the rear portion of the five subdivided lots and include them as part of the future expansion for Behms Century Farm. Without the availability of sewer, these subdivided lots will be nonconforming, and a variance would have to be approved as part of the minor subdivision. In addition, these properties are not within the MUSA boundry. Mr. Brixius further stated that the main factor supporting approval is the cooperation of the five property owners who wish to sell their property to the developer to allow a future subdivision. They have agreed to hook up to the sanitary sewer when it becomes available, even though the City Charter would not require it. Mr. Brixius noted that the City's Comprehensive Plan identifies the area as low density residential which is consistent with the overall development of the Behms Century Farm preliminary plat. The subdivided properties will meet R -1 lot standards. The cost of extending the anticipated sewer would be paid for by the developer and stipulated in the development contract. Until the preliminary plat is completed, there would be no access to this site. Mr. Brixius stated that rezoning is a policy decision of the City. The appropriateness of rezoning is based on the proposed land use for the area and whether that land use is compatible with adjacent properties. Without the availability of MUSA or sanitary sewer, it may be determined that rezoning is premature. However, if the Board wishes to protect property interests and accommodate the property owners, rezoning may be appropriate. Seven conditions are listed in the staff report that are recommended should the minor subdivision be approved. Mr. Johnson asked if it is correct that there will be no sanitary sewer until the MUSA line is extended. Mr. Brixius responded that is his understanding. Mr. Johnson noted that two lots that would be created would have no street access and asked if that is in violation of any regulation. Mr. Brixius stated that the lot would not be buildable until there is street access. One of the conditions listed is that no building permits would be issued for Lots A, C, E, G and /or I until there is a preliminary plat and available sewer.