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<br />Planning Commission <br />Meeting Minutes <br />APRIL 20 2006 <br />Page 9 of 17 <br /> <br />. A request to approve a preliminary subdivision replat of Lot 1 of the Clementine <br />Subdivision to create three lots out of one 2.98 acre lot. <br />. Lot sizes are proposed as: <br />a) Lot 1 A - .71 acres, current location of existing 5,000 SF group home. <br />b) Lot IB - 1. 51 acre lot, undeveloped <br />c) Lot 1 C - .614 acre lot, undeveloped <br />. Clementine was originally platted in 1987 into two lots: Lot 1 was 2.98 acres and Lot 2 <br />was.91 acres. <br />. A group home was authorized by a Special Review Use (SRU) in conjunction with the <br />platting. The applicant and current owner is a successor in interest to those approvals. <br />. The SRU was approved with three conditions, one of which placed a limitation on the <br />number of residential units which could occupy the property. The condition limited <br />development of the 4.03 acre parcel to two residential units, or one residential unit and <br />one group home. Any increase in density or use was required as a condition of approval <br />to come back for review by the Planning Commission and the City Council. The <br />remaining conditions of approval dealt with the deferral of public improvement and the <br />public-use dedication obligations of the subdivider. <br />. The request is not accompanied by a PUD development plan; therefore it is not possible <br />to evaluate a development plan as it relates to density, number of units, access and related <br />drainage and civil requirements. <br />. The public use dedication was deferred at the time of the original subdivision approval <br />with the understanding that the obligation would be met through the payment of a cash- <br />in-lieu fee. Such fee would be paid upon an increase of density or an alteration to the use. <br />. The record reflects that the need for additional public improvements was also to be <br />determined as part of a subsequent change in density or use. An amendment to the <br />subdivision agreement will be required to re-establish the requirement for additional <br />public improvements, as determined necessary in review of a development application. <br />. Staff is recommending approval of a preliminary subdivision plat with four conditions as <br />follows: <br />1) The density limitation imposed by a condition of approval of the Clementine <br />Subdivision and Special Review Use shall be retained and incorporated into a <br />revised subdivision agreement. Upon the submittal of a PUD plan the applicant <br />may request a modification of the density limitation. <br />2) The subdivider shall meet the deferred obligation of the public-use dedication by <br />a one time payment of a cash- in-lieu fee based upon 15% of total appraised value <br />of the land to be subdivided. The current fair market value of the land shall be <br />based on a certified appraisal of the property which should be provided as part of <br />the final subdivision plat submittal. Payment of the cash-in-lieu-fee shall be paid <br />prior to the issuance of the first building permit for the subject property. This <br />requirement shall be incorporated into a revised subdivision agreement to be <br />reviewed in conjunction with the submittal of the final subdivision plat. <br />3) Language shall be incorporated into a revised subdivision agreement which <br />provides that the City reserves the right to require the conveyance and dedication <br />of additional right-of-way, as well as utility and access easements, as determined <br />necessary based on review of an actual development proposal. <br />4) A revised subdivision agreement shall be executed by the subdivider as successor <br />