_____________________________________________________________________________________ <br /> <br />Staff Report | Braewood Hills 3rd Addition (PDT 24-1 & ST 24-3) <br />Lot Area: According to EC Table 9.2760, for new subdivisions in the R-1 zone, lots have a <br />maximum area of 13,500 square feet unless an exception is granted. The applicant’s written <br />narrative (page 13) provides a table that indicates Lots 16, 18, 21, and 30 through 39 all exceed <br />13,500 square feet in size. Per EC 9.2761(5), exceptions to the maximum lot size shall be <br />granted as follows: <br /> <br />(5) Exceptions to the maximum lot size shall be granted if any of the following is met: <br />(a) Existing physical circumstances such as topographically constrained lands, <br />conservation easements, existing buildings, or utility easements prevent the <br />ability to further divide the lot. <br />(b) The lot exceeding the maximum lot size is intended to reserve a large lot for <br />future land division with feasibility demonstrated by a conceptual buildout <br />plan. <br />(c) The subdivision achieves a minimum density of 9 units per net acre. <br />(d) The exception will enable protection of natural resources. <br /> <br />As indicated in the table provided in the applicant’s narrative, each of the above-mentioned <br />lots are impacted by at least one of, and in some cases several, of the following: wetland areas; <br />steep slopes or slope easements; and protected Goal 5 areas. Subtracting these areas as <br />unbuildable from each of the impacted lots, the applicant has demonstrated that each of the <br />lots in question have buildable areas of less than 13,500 square feet and are consistent with the <br />exceptions for topographically constrained lands or protection of natural resources. As such, <br />this criterion is met, and the maximum lot size exceptions are justified. <br /> <br />(b) EC 9.6500 through 9.6505 Public Improvement Standards. <br /> <br />EC 9.6500 Easements <br />As shown on the site plans, the applicant is proposing to extend the existing wastewater <br />mainline at the intersection of Randy Lane and Blacktail Drive, north and east through the <br />subject site to serve the proposed development. Neither the written statement or the <br />applicant’s site plan acknowledges the dedication of a Public Utility Easement (PUE) or a Public <br />Wastewater Easement over the proposed public wastewater system. In order to satisfy this <br />criterion, the following condition is warranted: <br /> <br />7. Prior to final plat approval, the applicant shall dedicate a 14-foot Public Utility Easement <br />or Public Wastewater Easement that will encumber the proposed public wastewater <br />system. The required easement shall also be shown on revised final PUD plans. <br /> <br />It is in the public’s interest to ensure that the City has access to that portion of the public <br />wastewater system located on private property to prevent or address a backup or to conduct <br />other wastewater system inspection, maintenance and repair needed to prevent damage to the <br />public system and the private properties that it serves. <br /> <br />There is a nexus between the requirement to dedicate a 14-foot-wide public utility <br />easement/public wastewater easement and the public interest at issue. Without a sufficient <br />Page 16 of 87