11-19-2024 Planning Commission Packet

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FILE #LA24-000059 18 November 2024 Page 4 of 7 After reviewing the preliminary plat drawing it does not appear the calculations for “dry” meet the requirements within the code [Cite: Section 82-254 – Lot area, minimum]. In areas not served by sanitary sewer, each lot must contain a minimum of two acres of contiguous dry buildable land exclusive of public rights-of-way, vehicular easements, or areas at or below the floodplain elevation for a specific property. The preliminary plat drawing identifies the gross area, dry area, and wetland area but does not explicitly identify the qualifying contiguous land areas. Further, the definition of “dry, buildable land” excludes areas where slopes exceed 30%. The developer has identified three small areas where portions of slopes exceed 30%. The preliminary plat should identify all bluffs and steep slopes. Bluffs are defined as having the following characteristics: (1)Part or all of the feature is located in a shoreland area; (2)The slope rises at least 25 feet above the ordinary high water level of the water body; (3)The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and (4)The slope must drain toward the water body) and steep slopes (defined as: areas where average slopes are 12 percent or greater as measured over horizontal distances of 50 feet or more, that are not bluffs) confirm this [Cite: Sec 78-1211 - Shoreland Definitions]. The preliminary plat should be updated to address the minimum required lot areas and any other missing or ambiguous information identified above. As submitted, Lot 5 (the lakeshore lot) does not meet the 200’ width requirement at the lake or the required minimum 2 acres of dry, contiguous buildable area and must be reconfigured to meet the city standards. Development Outlot: Included in the development is proposed “Lot 6” which does not meet the requirements to be considered a buildable lot. It appears the developer intends to create an outlot for lake access or common, private open space for the development. City Code Section 78-1278 provides for the creation of an outlot to provide owners of off-lake lots within the development access to the lake. However, this lot, as proposed does not meet the minimum requirements to do so. The developer should discuss their intent for this property. A lot created for lake access purposes must meet the following minimum standards: Standard / Minimum Requirement: Discussion: 1. Lakeshore access lots shall be designated as an outlot and shall not be considered to be a buildable lot. “Lot 6” is currently shown as a non-buildable lot and should be platted as an “outlot”. 2. A lake access outlot shall not be subject to minimum lot area or width standards, except that the number of off-lake properties to gain access via the lake access outlot shall not exceed the number obtained by dividing the outlot width measured at the shoreline by the required zoning district lot width, rounded down to the nearest whole number. Four of the lots do not have lake access. To serve all four lots, the lake access outlot would need to have a minimum defined width of 800 feet (=4 lots x 200’). As proposed, the outlot’s width at the OHWL is ±300 feet and could only support one off- lake property. 3. Such outlot shall be jointly owned by all owners of the off-lake lots in the subdivision who are provided riparian access rights on the access outlot. Only one property could own and use the outlot for lake access purposes. 4. No such access outlot shall be created as part of a subdivision plat except when the building lots within the subdivision are separated by an existing public or private roadway from the lakeshore, and the land on either side of the roadway was in common ownership as of the effective date of Ordinance No. There is no existing roadway to support the creation of a lake access outlot. 96