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Date
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December 17, 2007
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Agenda
Item No. 44 Roll
Call No. 07- Communication No. 07-730 Submitted By: Larry Hulse, Community Development Director |
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AGENDA
HEADING:
Hearing on an appeal
from Alycia Peterson regarding the Plan and Zoning Commission’s decision to
uphold the administrative denial of a plat of survey.
SYNOPSIS:
Recommend that
the City Council uphold the Plan and Zoning Commission and Permit and
Development Administrator decisions to deny the Plat of Survey for Section
14-77-24, located at 3630 120th Avenue in Warren County within the
City of Des Moines two-mile extraterritorial jurisdiction review area. The owner and developer of the property is Alycia
Peterson,
FISCAL
IMPACT: NONE
ADDITIONAL
INFORMATION:
The proposed
plat of survey would create three parcels of land, with an existing house on
one lot, a 2nd three-acre lot to be subdivided and sold for the
construction of a house, and a large remainder parcel that is not proposed to be
developed at this time. The plat of
survey submittal did not provide for the future extension of utilities or for a
future street network through the subject property.
On July 31,
2007, the Permit and Development Administrator denied the plat of survey in
accordance with Section 106-198 of the City of
Sec. 106-9.
Wherever a tract
of land is subdivided and the plat shows one or more lots containing more than
one acre of land so situated that such lot might eventually be further
subdivided into smaller lots, the Plan and Zoning Commission may require that
the plat allow for the future opening of streets and the ultimate extension of
adjacent streets. Easements providing
for the future opening and extension of such streets may be required as a
condition to approval of the plat.
Sec. 106-132. Platting of land.
In the design of
any subdivision plat, due consideration shall be given to the preservation of
scenic and historic sites, drainageways, stands of fine trees, marshes, lakes
and ponds, watersheds and shall be in accordance with the following:
(3)
(h). When
land is subdivided into larger lots than typically required for building, such
lots shall be arranged in such a manner as to allow for the opening of future
streets and logical further subdivision of the lots.
Sec. 106-133. Street layout.
Relation to
adjoining street system. The arrangement
of streets in new subdivisions shall provide for the continuation and proper
intersection of the principal streets with existing streets and shall provide
for proper projection to accommodate the extension of improvements on adjoining
property that has not been subdivided.
The width of such streets in new subdivisions shall comply with the
requirements established by the design standards. If a principal street in an existing
subdivision is continued in the new subdivision, the applicant shall provide
for the removal of any vehicular turnaround on such street, and the applicant
shall be responsible for the construction or reconstruction of driveways and
sidewalks and regarding made necessary as a result of such removal.
In addition to a
failure to comply with provisions of the Subdivision Ordinance, staff has
concern with numerous plats of survey in the vicinity of the subject property
that have been previously approved by Warren County, preventing future street
networks from being extended through the area. Staff believes the approval of additional plats
of survey within the two-mile extraterritorial jurisdiction review area will seriously
hinder the implementation of
Section 106-199
of the Subdivision Ordinance allows the applicant to appeal the determination
of the Permit and Development Center Administrator to the Plan and Zoning
Commission. On August 25th,
2007, the applicant formally requested such an appeal, which was promptly
scheduled for the September 28, 2007, Plan and Zoning Commission hearing. The applicant was mailed the staff
recommendation and notified of the hearing time and date on September 14th,
2007, however, the applicant was not present at the hearing. The Plan and Zoning Commission voted to
uphold the decision of the Permit and Development Administrator to deny the
plat of survey. The applicant was
advised by staff to submit a major subdivision plat that included the provision
of public utilities and a future street network.
Section 106-199
of the Subdivision Ordinance also allows the applicant to appeal the
determination of the Plan and Zoning Commission to the City Council. A simple majority vote of the City Council is
necessary to overturn or modify the action of the Plan and Zoning Commission.
Should the City
Council deny the appeal and uphold the decision of the Plan and Zoning
Commission and Permit and Development Administrator, the applicant may submit a
subdivision plat that shows the logical extension of a street network through
the property. Staff would further review
the plat and reschedule it for consideration by the Plan and Zoning Commission.
PREVIOUS
COUNCIL ACTION(S):
Date: December
3, 2007
Roll Call
Action: 07-2301
Action: On
appeal of Permit and Development Administrator’s decision to deny Plat of
Survey for land in the vicinity of 3630 120th Avenue (located within
the two mile jurisdiction area), (12-17-07).
Moved by Hensley to adopt. Motion
Carried 7-0.
BOARD/COMMISSION
ACTION(S):
Date: September
28, 2007
Case Number: None
Action: Plan and Zoning Commission upheld the Permit
and Development Center Administrator’s decision to deny the plat of survey.
ANTICIPATED
ACTIONS AND FUTURE COMMITMENTS:
If staff’s
recommendation is approved, the applicant may submit for consideration a plat
that includes the logical extension of a street network through the subject
property.