Consider Adopting Resolutions #14-02-038 and #14-02-039 Regarding a Potential Cul-de-Sac on 171st Ave NW East of Rabbit St NW in Response to a Building Permit Application for a Single Family Home

On October 21, 2013, the City received an application for a Building Permit for a single family home to be located on a parcel that is approximately ten (10) acres in size and is located off of 171st Ave NW, just east of Rabbit St  (the "Subject Property"). Currently, 171st Ave NW terminates in a hammerhead rather than a cul-de-sac, resulting in only sixty-six (66) feet of public street frontage for the Subject Property rather than the required 200 feet.  Staff has met with the owners of the Subject Property to review possible options available to them, including construction of a full size cul-de-sac, construction of a reduced size cul-de-sac, and/or application for a variance to the minimum required public road frontage.

Notification is not required at this time.

When the land to the west of the Subject Property was developed (Alicia Addition, circa early 1990s), the developer had proposed to provide permanent road easement from the intersection of Rabbit St and 171st Ave to the eastern limits of the plat (coincides with the property boundary of the Subject Property) rather than constructing the actual road. Both the Planning Commission and City Council wanted to see 171st Ave constructed to the limits of the plat to allow for the Subject Property to be developed in the future and made that a condition of the Alicia Addition plat approval. However, the approval did not require the construction of a cul-de-sac at the terminus of 171st Ave, which resulted in the existing hammerhead condition. Under current subdivision design standards, a cul-de-sac should have been required by the City instead of the allowed hammerhead condition. As the remainder of the case will illustrate, the reason this case is in front of the City Council at this time is there are current issues with the existing hammerhead, and the existing issues will stand to worsen with additional construction at the terminus of this street.

Planning Staff circulated the Building Permit application information to members of the Development Review Committee (Public Works, Engineering, Police, Fire, Building, Economic Development) for feedback related to the lack of public road frontage.  Concerns by both Public Safety and Public Works were raised regarding the existing conditions even without a home on the Subject Property. The primary concerns identified involved snow plowing (lacking adequate turn around space) and fire response (unhydranted area, not sufficient maneuvering space with an engine and drop tank in hammerhead). If a home were to be constructed on the Subject Property without addressing the road frontage issue, that would only compound these existing public safety concerns while creating additional concerns as well (if a driveway were installed off the hammerhead, where would snow storage be accommodated, where would garbage/recycling carts and mailbox be located?).

The owners of the Subject Property are not proposing to develop the property in the traditional sense (e.g. they are not proposing to create any additional buildable lots), they are simply wanting to construct a single family home on the Subject Property. Since the Subject Property would only be improved with one home, a reduced size cul-de-sac may be acceptable as long as it met the minimum required dimensions to allow for proper maneuverability and snow storage, and complied with the other minimum design standards.

The Subject Property owners have submitted a preliminary design and cost estimate for the construction of a fifty (50) foot radius cul-de-sac with an additional ten (10) feet of road easement (for snow storage purposes).  City Staff have reviewed the design and cost estimate and find them both acceptable.  However, the property owners have indicated that if they have to the bear the entire cost of this improvement, it would likely force them to sell the Subject Property and seek an alternative building site.  If that occurred, the existing public safety concerns would remain and this same discussion would likely occur with a future owner of the Subject Property.  Thus, due to the existing concerns with this stretch of 171st Ave, it may be in both the City and the Subject Property owners best interests to consider a cost-share partnership to facilitate the construction of a cul-de-sac.

The cost estimate for the cul-de-sac is $35,475.00; however, Staff has identified a couple line items that could be reduced/eliminated, which would lower the cost estimate to $28,975.00. The City has some of the base material that could be provided (Subject Property owners would be responsible for hauling) as an in-kind contribution of about $1,000.00.  Additionally, since the Subject Property is not being platted, a permanent road easement would be needed over the cul-de-sac as well.  The value of that permanent road easement is estimated to be $11,500.00.  Therefore, the City could consider purchasing the road easement and providing an in-kind contribution of the Class V gravel base material, for a total contribution of $12,500.00, toward the road improvement project that would ultimately address existing public safety issues.

The Subject Property owners would like to get their Building Permit issued as soon as possible to commence construction (their current lease ends in June of this year and they are not able to extend it month to month beyond then).  This would require issuing the Building Permit prior to the cul-de-sac being constructed.  Thus, to ensure that the road improvement is completed in a timely fashion and complies with the minimum design standards, the following would need to be completed prior to issuance of the Building Permit:

• Letter of Credit or Cash Escrow for 125% of the estimated cost of the road improvements
• Executed Development Agreement outlining the terms of construction
• Submission of an Owners and Encumbrances (O & E) Report to establish marketable title
• Executed Perpetual Road Easement Document

Alternatives:

Option #1: Authorize Purchasing a Permanent Road Easement for $11,500.00 Plus an In-Kind Contribution of the Class-V Gravel Material toward the Construction of a Cul-de-Sac.  The Subject Property is an existing lot that does have frontage on a public road, just not the minimum frontage required.  When the land to the west was developed (Alicia Addition), the City required 171st Ave to be constructed to the eastern limit of that plat but did not require construction of a full cul-de-sac.  Thus, unless the Subject Property were to be developed with multiple lots, any owner seeking to construct a single residential home there would be in the very position that the current property owners are in.  There are existing public safety concerns that the City has identified that would be corrected/improved with the construction of a cul-de-sac.  Staff supports this option only due to the fact that there are public safety concerns existing that would be corrected with a cul-de-sac and because the Subject Property is not being developed with multiple buildable lots, but rather one single family home.

Option #2: Only Authorize the In-Kind Contribution of Class V Material for the Cul-de-Sac Construction.  If the Subject Property owners are responsible for bearing the full or near full cost of the cul-de-sac, it is likely that they would sell the Subject Property and seek another building site.  This would leave the current hammerhead in place and thus, would not address the existing public safety concerns with this stretch of 171st Ave.  Staff does not support this option.

Option #3: Do Not Authorize Any Contribution toward the Cul-de-Sac Construction and Direct Property Owners to Apply for a Variance to Road Frontage Requirements.  Staff would not recommend this option as a Variance, if approved, would not address the existing concerns related to snow plowing and fire response.  These concerns would only be exacerbated with the installation of a home/driveway off the existing hammerhead rather than a cul-de-sac that would provide adequate maneuvering space.  Staff does not support this option.





 

Should some form of a cost-share model be approved, the source of funds would be the Public Improvements Revolving Fund.

Staff recommends authorizing the purchase of a permanent public road easement for $11,500.00 and an in-kind contribution of Class V gravel material to facilitate the construction of a cul-de-sac contingent upon the following:

• Execution of a Development Agreement
• Receipt of either a Letter of Credit or Cash Escrow for 125% of the Subject Property owners portion of the estimated costs for construction of a cul-de-sac
• Receipt of an O & E Report to establish marketable title
• Execution of a Permanent Road Easement

Motion to adopt Resolution #14-02-038 approving Findings of Fact #0922

and

Motion to adopt Resolution #14-02-039 authorizing the purchase of a permanent road easement ($11,500.00) and an in-kind contribution of Class V gravel material (estimated value of $1,000.00) to facilitate the construction of a cul-de-sac at the terminus of 171st Ave NW east of Rabbit St.