Consent 1.J.
Regular City Council Meeting
- Meeting Date:
- 10/26/2009
- TITLE
- Final Plat -- Appleby Subdivision, Amended Lot 2, Block 1
- PRESENTED BY:
- Candi Beaudry
- Department:
- Planning & Community Services
Presentation:
PROBLEM/ISSUE STATEMENT
The final plat for Amended Lot 2, Block 1, Appleby Subdivision is being presented to Council for approval. On March 9, 2009, the City Council conditionally approved the preliminary plat which contains two lots on approximately .66 acres of land (29,000 square feet). The subject property is zoned Residential Multi-Family (RMF) and is located at 428 Milton Road. The property currently has two apartment buildings on it. The subdivision will result with one building on each lot. The property owner is 24 Clark, LLC and the agent is Atlas Engineers.
As part of the approval of the plat, Council established seven conditions of approval. Condition #2 stated that "...the applicant shall correct language in the SIA concerning parkland dedication in Section VIII Parks/Open Space. It shall reflect the requirements of Section 23-1002.B. of the City Subdivision Regulations that addresses how parkland dedication is required for subdivisions that provide for multi-family developments. The requirement is 11% of the area of the net land proposed to be developed at a density of one dwelling unit per half acre or less."
After the Council's preliminary approval was issued, the applicant raised a concern that the condition #2 was not legal since Section 23-1008.E., BMCC, states that a subdivision creating only one additional parcel may not require parkland dedication. Subsequently, the applicant’s attorney and the City Attorney reviewed more carefully the local regulations and agreed that the requirement for parkland dedication in the case was invalid. Therefore, the applicant has requested, and City Legal and Planning Departments are recommending that Condition of Approval #2 be revoked. Such action is allowable at the time of the final plat approval in accordance with Section 23-1104, BMCC, which states: "Upon written request of the subdivider, the City Council may amend conditions of preliminary plat approval where it can be found that errors or changes beyond the control of the subdivider have rendered a condition unnecessary, impossible or illegal." A copy of this request letter is found in the attachments.
As part of the approval of the plat, Council established seven conditions of approval. Condition #2 stated that "...the applicant shall correct language in the SIA concerning parkland dedication in Section VIII Parks/Open Space. It shall reflect the requirements of Section 23-1002.B. of the City Subdivision Regulations that addresses how parkland dedication is required for subdivisions that provide for multi-family developments. The requirement is 11% of the area of the net land proposed to be developed at a density of one dwelling unit per half acre or less."
After the Council's preliminary approval was issued, the applicant raised a concern that the condition #2 was not legal since Section 23-1008.E., BMCC, states that a subdivision creating only one additional parcel may not require parkland dedication. Subsequently, the applicant’s attorney and the City Attorney reviewed more carefully the local regulations and agreed that the requirement for parkland dedication in the case was invalid. Therefore, the applicant has requested, and City Legal and Planning Departments are recommending that Condition of Approval #2 be revoked. Such action is allowable at the time of the final plat approval in accordance with Section 23-1104, BMCC, which states: "Upon written request of the subdivider, the City Council may amend conditions of preliminary plat approval where it can be found that errors or changes beyond the control of the subdivider have rendered a condition unnecessary, impossible or illegal." A copy of this request letter is found in the attachments.
ALTERNATIVES ANALYZED
The City Council may:
Revoke condition of approval #2; or
Require that condition of approval #2 be met; AND
Approve the final plat; or
Deny the final plat.
Revoke condition of approval #2; or
Require that condition of approval #2 be met; AND
Approve the final plat; or
Deny the final plat.
FINANCIAL IMPACT
Should the City Council approve the final plat, the apartment buildings on the subject property could be sold separately, which could result in additional tax revenues for the City.
RECOMMENDATION
Staff recommends that the City Council revoke Condition of Approval #2, issued on March 9, 2009, and approve the final plat of Amended Lot 2, Block 1, Appleby Subdivision.