HomeMy WebLinkAboutVariance Request INDIAN LAKES PHASE X PRELIM',.ARY PLAT—ATTACHMENT A
VARIANCE REQUEST
The Developer is requesting a Variance consideration for the following item:
Cul-de-Sac Length
According to the Subdivision Regulations (Chapter 9, Section 12-1.7, Cul-de-Sacs), subdivisions are
required to plat cul-de-sacs with lengths not to exceed 2,000 LF. The Developer is requesting a Variance
to the Subdivision Regulations to allow for a cul-de-sac length of 2,143 LF, or a 143 LF Variance.
Response to Subdivision Regulations, Section 5, Variances:
5-A.1: The Developer is requesting the cul-de-sac length variance in order to accommodate the
following:
• Topography, Drainage, and Existing Site Conditions — The cul-de-sac that this Variance
Request is addressing, Tallulah Trail, is positioned to provide access to residential lots
planned between two streams/drainage areas protected under the development's United
States Clean Water Act Section 404 Water Quality Permit. One protected area is labeled as
H.O.A. Common Area E on the Preliminary Plat and the other is east of the proposed plat
area. Based on the requirements of the Section 404 permit, the Developer is restricted from
carving roads and access points through the protected areas. Furthermore, the existing
topography and general slope of the land provides best for a street that runs generally north-
south and drains back to the stream area to the southwest of the proposed plat area. The
Developer intends to use the existing slope of the land as much as possible to provide for
efficient street and ditch drainage. The street layout presented provides for an efficient
dispersion of water from the roadways to the adjacent streams. Other options would require
more channeling and additional destruction to existing vegetation and wildlife habitat.
• Street Alignment — The proposed layout provides for a more organized alignment of street
intersections. The street layout presented limits the amount of street intersections. Alternate
plans to reduce the cul-de-sac length would require an additional street intersection and an
additional point of traffic conflict.
• Marketability of Lots— Based on the existing site conditions, the proposed plan better creates
lots that are marketable to potential residents of the Development. The lots are positioned to
provide suitable home sites, taking into account existing terrain and drainage channels.
It is the position of the Developer that the proposed street layout better addresses existing
topography/drainage conditions, street alignment concerns, and creates more marketable lots
than other alternatives.
5-A.2: The basis of any land use regulations is to provide a method to insure that the public good is met
in every new development Vbithin the community. If a developer is willing to create a product that
provides adequate streets and drainage in a manner that more appropriately addresses and
utilizes the existing site conditions, and provides a suitable quality of life for its inhabitants, as is
the case with the proposed subdivision, then the intent of land use regulations has been met. To
deprive a developer, who wishes to meet the intent of land use regulation but in a way slightly
different than standard procedure, of the ability to turn their vision into reality is a denial of the
developer's "enjoyment of a substantial property right."
5-A.3: With the proposed development, the Developer intends to provide adequate streets, drainage,
suitable access for emergency vehicles, provide a quality of life desirable to the inhabitants of the
subdivision, and create a product consistent with the land use of the surrounding property. Based
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INDIAN LAKES PHASE X PRELIMII 4NRY PLAT—ATTACHMENT A
on this, the proposed subdivision "will not be detrimental to the public health, safety, or welfare, or
injurious to other property in the area."
5-A.4: The proposed development "will not have the effect of preventing the orderly subdivision of land
in the area" primarily due to its location within a parent tract that has been previously subdivided
into a land use type complimentary to the proposed development. Additional development within
the area is currently being developed in an "orderly" fashion maintaining consistency with the
residential land use type initially planned for the area.
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Indian Lakes Phase X PP (06-35)
Aerial Slide: This item is for consideration of variances to Cul-de-Sac
length and Block Length; and for a preliminary plat for a new section
of the Indian Lakes subdivision- that continues-the n-of
larg- - . • - > .. _ - - _ . - - - - ; : - - . The property is
approximately 80 acres and the development proposes 41 lots.
Variances:
1 . The first variance request is to Section 12-1.7 of the Subdivision
Regulations, which states that the maximum cul-de-sac length is
2,000 feet. Tallulah Trail is proposed to be 2,143 feet in length;
the requested variance is 143 feet.
■ Staff recognizes several alternatives to the requested variance:
there may be opportunity for connection to the east into
unplatted property (future Indian Lakes phases) that is under
the same ownership, and there may be possibility of creating a
loop by connecting Tallulah Trail to Matoska Ridge.
2. The second variance request is to Section 12-K.2 of the
Subdivision Regulations, which states that the block length shall
not exceed 1 ,500 feet in rural residential subdivisions. The south
side of Indian Lakes Drive, is 1 ,756 feet in length, requiring a
variance of 256 feet.
Criteria Slide: The applicant has provided supporting information for
the variance requests...this was provided in your packet.
On your screens you will see the variance criteria as stated in the
Subdivision Regulations.
Recommendation:
Staff recommends approval of the Preliminary Plat if the Commission
approves the Variance request.
As a reminder, the variance requests must be acted on before the
Preliminary Plat can be considered.
INDIAN LAKES PHASE 10—PRELIMINARY PLAT
VARIANCE REQUEST
The Developer is requesting a Variance consideration for the following items:
Maximum Block Length
According to the Subdivision Regulations (Chapter 9, Section 12-K.2, Block Lengths), subdivisions are
required to plat blocks with lengths not to exceed 1,500 LF. The Developer is requesting a Variance to
the Subdivision Regulations to allow for a block length of 1,756 LF, or a 256 LF Variance along the south
side of Indian Lakes Drive from Mojave Canyon Drive to Matoska Ridge Drive. The Developer would like
to note that the proposed street layout meets the requirements established by the Brazos County
Subdivision Regulations. No Variance for block length is required by Brazos County.
Response to Subdivision Regulations,Section 5, Variances:
5-A.1: The Developer is requesting the block length variance in order to adequately accommodate the
following:
• Geographic Conditions — The proposed extension of Indian Lakes Drive continues east-west
across an unnamed stream, connecting Phase 8 and Phase 10. This unnamed stream is
subject to the environmental mitigation and protection requirements imposed by the
subdivision's United States Clean Water Act, Section 404 Water Quality Permit. The
Developer, in their efforts to provide a lot configuration that maximizes buildable area, has
positioned lots so as to allow the environmentally protected areas to be located in the rear of
lots as much as possible. This arrangement not only allows for better environmental
protection for the designated areas, but also allows lot owners to benefit from the additional
separation from their back fence neighbors. In doing this, and maintaining the 1-acre plus lot
size requirement for a rural subdivision, the Developer has been placed within a situation that
requires a Variance to the existing block length requirements.
• Street Alignment— In order to provide access to the portion of Phase 10 north of Indian Lakes
Drive and south of the pipeline rights-of-way, the Developer created Seminole Point. Based
on topographic conditions, the location of Seminole Point is limited. Even at its current
location a considerable about of earthwork will be required to provide for buildable and
accessible lots. To provide adequate separation between road intersections and help
facilitate traffic movement, the Developer believes that the proposed block length (1,756 LF)
provides for a better separation between Seminole Point and Matoska Ridge Drive,
approximately 400 LF of separation. If the Developer chose to meet the existing block length
requirements of 1,500 LF, then the street separation would only be approximately 150 LF.
The 150 LF would not provide for adequate street separation. Additionally, it would be very
difficult to combine Seminole Point and Matoska Ridge Drive into one through-street at the
proposed 1,500 LF block length due to difficult topographic conditions to the north of the
pipeline rights-of-way.
It is the position of the Developer that the proposed street layout better addresses existing
topography conditions and street alignment and intersection separation issues than other
alternatives.
5-A.2: The basis of any land use regulations is to provide a method to insure that the public good is met
in every new development within the community. If a developer is willing to create a product that
provides adequate streets and drainage in a manner that more appropriately addresses and
utilizes the existing site conditions, and provides a suitable quality of life for its inhabitants, as is
the case with the proposed subdivision, then the intent of land use regulations has been met. To
deprive a developer, who wishes to meet the intent of land use regulation but in a way slightly
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INDIAN LAKES PHASE 10—PRELIMINARY PLAT
different than standard procedure, of the ability to turn their vision into reality is a denial of the
developer's "enjoyment of a substantial property right."
5-A.3: With the proposed development, the Developer intends to provide adequate streets, drainage,
suitable access for emergency vehicles, provide a quality of life desirable to the inhabitants of the
subdivision, and create a product consistent with the land use of the surrounding property. Based
on this, the proposed subdivision "will not be detrimental to the public health, safety, or welfare, or
injurious to other property in the area."
5-A.4: The proposed development "will not have the effect of preventing the orderly subdivision of land
in the area" primarily due to its location within a parent tract that has been previously subdivided
into a land use type complimentary to the proposed development. Additional development within
the area is currently being developed in an "orderly" fashion maintaining consistency with the
residential land use type initially planned for the area.
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