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395 Centennial - Report PCPlanning Commission Staff Report Subject: 395 Centennial Circle Author: Jeff Davis Date: January 28, 2009 Type of Item: Administrative – Plat Amendment Summary Recommendation Staffs recommends the Planning Commission hold a public hearing for the 395 Centennial Circle plat amendment and consider forwarding a positive recommendation to the City Council based on the findings of fact, conclusions of law and conditions of approval as found in the draft ordinance. Topic Applicant: Yeobright Corporation Location: 395 Centennial Circle Zoning: Residential Development (RD) as part of the Deer Valley Master Planned Development (MPD) Adjacent Land Uses: Residential Reason for Review: Plat amendments require Planning Commission review and City Council approval Background On October 22, 2008, the City received a completed application for a plat amendment to combine two lots of record into one lot. The subject property is located at 395 Centennial Circle. The structure located at 395 Centennial Circle is a non historic single family home and straddles Lots 69 and 70 of the American Flag Subdivision. The proposed new lot would be 30,207 square feet in size. Analysis Staff finds good cause for this plat amendment. The amended plat would bring the single family home located at 395 Centennial Circle into compliance and would allow for any renovations or additions to the home. Home located at 395 Centennial Circle Permitted Proposed Front setback 20’ 33’ Rear setback 15’ 21’ Side setbacks 12’ 32’ on north, 85’ on south. Parking 2 2 (existing) There are no maximum house size requirements on the American Flag Subdivision Plat; therefore the setbacks on combined lots do not have to conform to the requirements of LMC 15-2.13-6. Process The approval of this application by the City Council constitutes Final Action that may be appealed following the procedures found in LMC 1-18. Staff review of a Building Permit is not publicly noticed nor subject to review by the Planning Commission unless appealed. Department Review This project has gone through an interdepartmental review. No issues were brought up at that time. Notice The property was posted and notice was mailed to property owners within 300 feet. Legal notice was also put in the Park Record. Public Input No public input has been received by the time of this report. Alternatives • The Planning Commission may forward positive recommendation to the City Council for the 395 Centennial Circle plat amendment as conditioned or amended; or • The Planning Commission may forward a negative recommendation to the City Council for the 395 Centennial Circle plat amendment and direct staff to make Findings for this decision; or • The Planning Commission may continue the discussion on the 395 Centennial Circle plat amendment. Significant Impacts There are no significant fiscal or environmental impacts from this application. Consequences of not taking the Suggested Recommendation The lot lines would remain where they currently stand. Recommendation Staff recommends the Planning Commission hold a public hearing for the 395 Centennial Circle plat amendment and forward a positive recommendation to the City Council based on the findings of fact, conclusions of law and conditions of approval as found in the draft ordinance. Exhibits Exhibit A – Proposed Plat Draft Ordinance No. 09- AN ORDINANCE APPROVING THE 395 CENTENNIAL CIRCLE PLAT AMENDMENT LOCATED AT 395 CENTENNIAL CIRCLE, PARK CITY, UTAH. WHEREAS, the owner of the property located at 395 Centennial Circle has petitioned the City Council for approval of the 395 Centennial Circle plat amendment; and WHEREAS, the property was properly noticed and posted according to the requirements of the Land Management Code; and WHEREAS, proper legal notice was sent to all affected property owners; and WHEREAS, the Planning Commission held a public hearing on January 28, 2008, to receive input on the 395 Centennial Circle plat amendment; WHEREAS, the Planning Commission, on January 28, 2009, forwarded a positive recommendation to the City Council; and, WHEREAS, it is in the best interest of Park City, Utah to approve the 395 Centennial Circle plat amendment. NOW, THEREFORE BE IT ORDAINED by the City Council of Park City, Utah as follows: SECTION 1. APPROVAL. The above recitals are hereby incorporated as findings of fact. The 395 Centennial Circle plat amendment as shown in Attachment 1 is approved subject to the following Findings of Facts, Conclusions of Law, and Conditions of Approval: Findings of Fact: 1. The property is located at 395 Centennial Circle in the Residential Development (RD) zoning district and is part of the Deer Valley Master Planned Development. 2. One non-historic structure is located on the properties. 3. The subject properties encompass Lots 69 and 70 of the American Flag Subdivision. 4. The applicant intends on creating 1 lot from 2 lots. 5. The non-historic home located at 395 Centennial Circle is a legal non- conforming structure as the building straddles the lot lines separating Lot 69 and 70. 6. The non-historic home located at 395 Centennial Circle meets all setback requirements of the RD zoning district. 7. There are no maximum house size requirements on the American Flag Subdivision Plat. Conclusions of Law: 1. There is good cause for this plat amendment. 2. The plat amendment is consistent with the Park City Land Management Code and applicable State law regarding subdivisions. 3. Neither the public nor any person will be materially injured by the proposed plat amendment. 4. Approval of the plat amendment, subject to the conditions stated below, does not adversely affect the health, safety and welfare of the citizens of Park City. Conditions of Approval: 1. The City Attorney and City Engineer will review and approve the final form and content of the plat amendment for compliance with State law, the Land Management Code, and the conditions of approval, prior to recordation of the plat. 2. The applicant will record the plat amendment at the County within one year from the date of City Council approval. If recordation has not occurred within one year’s time, this approval for the plat will be void. 3. The remnant unit from combining these two lots cannot be utilized elsewhere within the Deer Valley Master Plan area. SECTION 2. EFFECTIVE DATE. This Ordinance shall take effect upon publication. PASSED AND ADOPTED this __day of__, 2009. PARK CITY MUNICIPAL CORPORATION ________________________________ Dana Williams, MAYOR ATTEST: ____________________________________ Jan Scott, City Recorder APPROVED AS TO FORM: ________________________________ Mark Harrington, City Attorney