Planning Commission Minutes 2005 01 13

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APPROVED – FEBRUARY 10, 2005 The property was annexed as the Trousil Annexation in 1986 and has not been  subdivided or further developed since. The annexation approval included an annexation agreement, several components of  which are discussed in the staff report for this case. The application before the Commission is for a preliminary subdivision plat. The  application is not accompanied by a PUD as no specific development is proposed at this time. In the intervening years since the property’s annexation, it has been divided into two  parcels by deeds transferred outside of the City’s subdivision process. The City does not recognize those property lines as they were not created through the subdivision process. The two current property owners (Vlasta Trousil and Jamie Hess) are proposing a subdivision plat that would legally establish the deeded parcels as legal development lots. As noted in the staff report, the 12% public use dedication requirement was met  during the annexation process. Dedications of necessary right of way and easements will be completed during this subdivision plat process. Having stated that, it is somewhat difficult to determine what easements and right of  way may be needed, because no specific development plan has been proposed for the property. A 10-foot right of way dedication has been proposed along Empire Road, which,  when combined with a similar dedication on the property to the south will provide a 60-foot standard local street right of way, which could accommodate sidewalks and on-street bike lanes. Additional right of way may be needed at the intersection of Empire and Highway 42  to accommodate turn lanes. A road section has not been determined yet, so that is somewhat difficult to determine. We hope to have more information at the time of final plat. Along Empire Road, an additional easement may be needed to accommodate existing  and future storm drainage. It may not be possible to fully determine dedication requirements and public  improvement obligations for these properties, absent a specific development proposal. As a result, we are recommending conditions that would disclose these unknown public obligations on the recorded subdivision plat and subdivision agreement. Another important factor to note regarding the property is that it is located entirely  within the 100-year regulatory floodplain. No development would be allowed without authorization of a floodplain development permit from the Louisville Board of Adjustment and without further technical analysis it is difficult to know the extent of development that might be allowed on these properties. Approval of the subdivision plat should not be inferred as implicit approval of any further development of the property. We are recommending a note to that effect on the subdivision plat. Staff recommends approval with six conditions. Those conditions would be  addressed in the applicant’s submittal of a final subdivision plat. Commission Questions: 10