7.3. SR 09-17-2018 - Laserfiche WebLink

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Right-of-Way Vacation The applicant has requested to vacate approximately 400 feet of the Zane Street right-of-way (ROW). The portion of the ROW requested to be vacated is the only public access to the Elk River Lodge and Residential Suites (17432 Zane Street NW).Vacation of the ROW would eliminate access to the Lodge from a public street. The request does not meet city ordinances,which requires parcels to abut and have access to a public street. The Lodge is not included in the PUD request. Additionally, State Statute 412.851 requires the vacation of street ROW to be in the interest of the public. Staff does not see a public benefit to vacating the proposed ROW. If the applicant desires to move forward with the project,updated plans that maintain access to the Lodge site will be required. Plat The submitted plat combines two vacant lots with the north half of the Saxon property and the requested Zane Street ROW vacation to create one new lot for the proposed apartment project. The existing Lodge parcel and remaining southern half of the Saxon property are also included in the plat. The plat will require updates based on the staff comment letter dated August 15, 2018, and Council action regarding the ROW vacation request. Park Dedication The Parks and Recreation Commission reviewed the project for park dedication requirements during their September 12, 2018, regular meeting. They recommend a cash donation equal to the number of units within the apartment building and a 50-foot trail easement from under the Highway 101 bridge to the southern property line of the site. The majority of the easement shall be located above and along the bluff line. Additional discussion included accessing the proposed public park through private property, future river access when the boat landing in Babcock Park is removed, and the importance of a public river trail in this location. The Commission had no interest in receiving any park land in the subject area. Applicable Regulations Plat approval may only be ordered if the following findings have been made,as outlined in Section 30-375: 7. The proposed subdivision is consistent with the honing regulations (article VI of this chapter)and conforms in all respects with all requirements of this Code, including the honing regulations and this article. The plat eliminates access to a public street for 17432 Zane Street NW. Section 30-471 of the City Code states that all lots shall abut and have direct access to a street. The subdivision is not consistent with the zoning regulations of the City Code. Items noted in the staff comment letter dated August 15, 2018, also need to be addressed for compliance with city ordinances. 2. The proposed subdivision is consistent with all applicable general and speciali.Zed city, county, and regional plans, including but not limited to, the city's comprehensive development plan. It does not conflict with any city, county, or regional plans,including the Comprehensive Plan. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding and drainage are suitable for the type and density of development and uses contemplated. The upland areas of the subdivision support development,but there are concerns from staff and the DNR regarding the Wild and Scenic River ordinance. The comment letter from the DNR is attached. Provided the requirements of the Wild and Scenic River Ordinance are met or deviated from,in accordance with all state and local regulations, the subdivision satisfies this requirement. N:\Public Bodies\Agenda Packets\09-17-2018\Final\7.3 sr River Walk.docx