PC Minutes 6/28/06

ITEM NO. 6:              FINAL PLAT FOR ELSIE HEMPHILL ADDITION, A REPLAT; 1900 LEARNARD (PGP)

 

PF-04-10-06:  Final Plat request for Elsie Hemphill Addition, a replat of Tract D, Evergreen Addition, located at 1900 Learnard.  This proposed three-lot residential subdivision contains approximately 1.591 acres.  Submitted by Landplan Engineering, PA, for Richard Hemphill, applicant, and Elsie F. Hemphill, property owner of record. (Deferred from May PC meeting).

 

STAFF PRESENTATION

Mr. Patterson introduced the item, a final plat to allow a three-lot residential subdivision.  He explained that plats are typically non-public hearing items and was published as such on the May 2006 agenda.  However, the Commission deferred the item and directed Staff to re-publish the hearing to accept public comment.

 

Mr. Patterson gave an overview of the plat, including lot layout, proposed structures, the drainage retention basin, utility placement and the Burroughs Creek running through the subject property.  Staff commented that the plat created somewhat odd-shaped lots for residential development.

 

It was established that the plat proposed Lot 1 access to 19th Street, with Lots 2 & 3 accessing Learnard Avenue.

 

Staff noted that the City had filed for a Letter of Map Amendment (LOMA) to narrow the FEMA-designated floodplain area in the subject property, based on drainage improvements made with the channelization of Burroughs Creek.

 

Staff recommended approval of the plat, subject to conditions listed in the Staff Report.

 

APPLICANT PRESENTATION

Richard Hemphill spoke on behalf of his mother, the applicant.  He explained the use history of the land, noting that the majority of the property had been unbuildable for several years due to floodplain designations.  With the Burroughs Creek drainage improvements, enough of the property would be removed from the floodplain (with the submitted LOMA) to make subdivision possible.

 

Mr. Hemphill made several comments:

  • His family owns the land surrounding the subject area on all sides. 
  • They tried to relocate existing duplex units but the property was too narrow.
  • John Selk was consulted about possible development designs, and he agreed the current proposal was the best that could be done with this land.
  • The applicant is surprised by opposition from area residents, since the proposed houses will be set back 100 feet from the road.
  • Each property will have a long, narrow drive; it is unlikely vehicles will back all the way down this drive into the road.  It is reasonable to expect that cars will enter the road ‘head-first’.
  • This proposal does include a number of elements that would not be appropriate for new development, but may be considered in this case because it is in-fill development.
  • The development of this land will likely result in better landscaping maintenance for the benefit of all area residents.

 

It was noted that the proposed drive to Lot 1 was necessarily only 15’ from the existing drive to the east because of the proximity of the floodplain and the property line.

 

It was discussed that the applicant would like to retain the existing Lot 2 drive to 19th Street, which provided access to the garage, in addition to the proposed Learnard Avenue access.

 

Burress expressed concern about upkeep of the triangle of land proposed as part of Lot 2 that lay on the other side of Burroughs Creek.  The applicant stated no opposition to revising the plat to make this property part of Lot 3. 

 

PUBLIC HEARING

James Graeurholtz spoke as the Trustee of the William S. Burroughs Trust, which held ownership of the existing house on the land shown in this plat as Lot 2.   He showed pictures of the area in flood conditions, saying the area had experienced an increased drainage burden as the City steadily developed.  He said he was pleased to see drainage improvements happening, but that more work was needed to protect the environs of the Burroughs House as a City landmark.

 

Mr. Graeurholtz said he understood his concerns were not directly relevant to tonight’s review, but he wished to get them on the record at this stage in the development process.


Mr. Graeurholtz suggested area residents were opposed to the proposal because they did not want the area to develop with more duplexes similar to what they had been looking at for several years.  The existing duplexes were too close to the road and provided inadequate parking.  He personally was relieved to hear the proposal was for single-family homes.

 

APPLICANT CLOSING COMMENTS

Sincerely believe neighbors will be satisfied with this development.

 

STAFF CLOSING COMMENTS

Mr. Patterson showed the environs boundary for the Burroughs House, noting that the Historic Resources Commission would also review this project for compliance.

 

It was pointed out that the topography of the lot made access design challenging.  Staff did not support removal of the existing Lot 2 access to 19th Street, even with the creation of access to Learnard Avenue.

 

COMMISSION DISCUSSION

There was additional discussion about access design, noting that removal of the 19th Street access for Lot 2 would preclude use of the existing garage.  It was suggested that a note be applied to the final plat saying one access point would be removed if the subject area were ever redeveloped.

 

Eichhorn spoke about the long, narrow lots that characterized the rest of the area.  He said he generally supported in-fill development, but he was concerned that the applicant had developed their property surrounding this application “with no consideration of the existing character”, creating a situation where they had no choice in this case for development design.

 

There was discussion about adding a condition for turn-around elements for the new drives, with Burress speaking about the high dollar value of incremental increases to road hazards that may result in another problem area like 23rd Street.  It was suggested that drivers would head down the drives front-first as a matter of course (because of the drive length and narrow width) and an extra condition was not necessary.

 

It was clarified that a driveway turn-around element for Lots 2 and 3 did not have to be full circle drive, but could just be an area in which to turn around a vehicle.

 

ACTION TAKEN

Motioned by Burress, seconded by Erickson to approve the Final Plat for Elsie Hemphill Subdivision and forward it to the City Commission for acceptance of easements and rights-of-way, based on the findings of fact presented in the body of the Staff Report and subject to the following revised conditions:

 

  1. Provision of the following fees and recording documentation:
    1. A current copy of a paid property tax receipt;
    2. Recording fees made payable to the Douglas County Register of Deeds; and
    3. Master Street Tree Plan per Section 21-708a.
  2. Execution of An Agreement Not to Protest the Formation of a Benefit District for street and sidewalk improvements to Learnard Avenue.
  3. Execution of An Agreement Not to Protest the Formation of a Benefit District for sidewalk improvements to E. 19th Street.
  4. Submittal of public improvement plans to Public Works prior to the recording of the final plat, for the extension of sanitary sewer main to serve Lots 1 and 3.
  5. Provision of the following notes on the face of the plat;
    1. “Building permits shall not be issued until LOMA has been approved by FEMA.”
    2.  “Lot 2’s direct access on E. 19th Street shall be removed when the house on lot 2 is redeveloped.”
    3. “The owner shall install a driveway turn-about on Lot 2 and on Lot 3 when they are developed.”
    4. Provide Register of Deeds Book and Page number reference for the existing easements that have been filed by separate instrument.
  6. The lot lines between Lots 2 & 3 shall be redrawn to the middle of the drainage easement.

 

Motion carried 7-1, with Burress, Erickson, Finkeldei, Haase, Harris, Jennings, and Krebs voting in favor.  Eichhorn voted in opposition.