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HomeMy WebLinkAboutmisc DUCK HAVEN r RASES 3– PRELIMINARY PLAT VARIANCE REQUEST The Developer is requesting a Variance consideration for the following item: Block Length According to Staff's interpretation of the Subdivision Regulations (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 1,972 LF, or a 472 LF Variance. Currently, Drake Drive meets the block length requirement on the east side of the street with block lengths of 992 LF and 980 LF (see Exhibit A). The existing Block Length rule within the Subdivision Regulations does not state clearly that streets are required to meet the requirement on both sides. The Developer believes that, with the above-mentioned block lengths (which are less than 1,500 LF), Drake Drive meets the intent of the Block Length requirement, which is to provide street access relief at periodic locations along the length of the street. The Developer is submitting this Variance Request at the request of Staff due to Staff's different opinion of the vague requirement. Response to Subdivision Regulations, Section 5, Variances: 5-A.1: The Developer is requesting the block length variance in order to accommodate the following: • Existing Platted Lots— The portion of Drake Drive within the scope of this Variance is that which extends in front of Lots 1-13, Block 3 and Lot 4, Block 4. Currently Lots 1-13, which are part of Phase 2, are either sold with homes constructed or under construction or exist as lots under contract for purchase. Since homes are built on the vast majority of the lots in the area of question, it would be impossible to provide an additional point of relief to the west along this portion of Drake Drive. • Existing Site Conditions and Buildability of Lots— In the southern area of the portion of Drake Drive within the scope of this Variance, their exists a stream. The Developer chose to align Retriever Run just to the southwest of the stream to minimize the amount of impact to the stream and to provide for a lot (Lot 4, Block 4) with suitable area for the construction of a home. Refer to Exhibit A for more details. • Future Planned Street Extension— In a future phase, the Developer plans to provide for a relief point that aligns with Widgeon Trail Drive on the north side of Lot 1, Block 3. This is shown on Exhibit A as "future road extension". This street will extend to the west to provide access to other portions of the property. It is the position of the Developer that the proposed street layout takes into account existing site conditions and platting issues and provides for the best alternative considering these conditions and issues. The Developer understands Staff's concerns and intends to accommodate them in a reasonable manner by providing street extensions north of and immediately adjacent to Lot 1, Block 3 and immediately south of an existing stream than exists on the site. The Developer believes the solution presented to be a reasonable response, considering the conditions and issues that exist. 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 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." Page 1 of 2 DUCK HAVEN rHASES 3— PRELIMINARY PLAT 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. Page 2 of 2 . _ 9 0' . - 3. 08846415' 811 5138 i y THIS DECLARATION OF COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS OF DUCK HAVEN ESTATES IS BEING REFIELD IN ORDER TO ATTACH THE SIGNATURE AND CONSENT AND SUBORDINATION BY LIENHOLDER OMI1TED FROM THE DECLARATION OF COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS. RECORDED rn VOLUME 5639, PAGE 153 OF THE OFFICIAL RECORDS OF` BRAZOS COUNTY, TEXAS. DECLARATION OF COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS OF DUCK HAVEN ESTATES hag apacord in: On: Feb 24,2004 at 022:30P As a Recordings Docuu nt Sobers 110846415 Aeoun t 85.00 Receipt Nuttier — 236856 BSylvia Polansky OE IT TEM C EF 1 hereby certify that this instruent was filed on the date and tue stained hereon by re and was duly recorded in the volun?and page of the oared records of: BUTS CUR as staved hereon by ie. Feb 24,2004 BECIS CCM Agenda Item 8 Variance & Preliminary Plat buck Hoven III Duck Haven (06-91) Slide 1 : This item is for consideration of a preliminary plat for the third phase of Duck Haven, a rural residential development. As you can see from the slide on your screen, the property is located on the southwest side of Wellborn Road south of Greens Prairie Road in the City's ETJ. Wellborn Road is designated as a major arterial on the Thoroughfare Plan. Saddle Creek, the master plan that you considered earlier this evening abuts the property on the west. Slide 2: This phase consists of 16 lots on approximately 22 acres. The final plat of this phase will include a replat of a portion of Duck Haven Phase II. As mentioned in your staff report, this project is a revised preliminary plat for a project that has remained active for some time and has vested under previous ordinances... this means that certain development requirements, including the requirement to provide fire flows in the ETJ, do not apply to this development. The applicant is requesting a variance to Section 12-K.2 of the Subdivision Regulations relating to block length. The maximum block length allowed within a rural single-family development is 1 ,500 feet. The proposed block length is 1 ,972 feet, requiring a 472 foot variance. Slide 3 (SAM): The majority of this block length, along the west side of Drake Drive, has already been platted with Phase II. The applicant has provided a variance letter that was included in your packet. As a reminder, the Commission needs to consider the variance request prior to the preliminary plat approval. If the variance is denied, then the preliminary plat should also be denied. SECTION 5: VARIANCES 5-A The Commission may authorize a variance from the regulation when, in their opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Commission shall prescribe only conditions that it deems not prejudicial to the public interest. In making the findings hereinbefore required, the Commission shall take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, the possibility that a nuisance will be created, and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No variance shall be granted unless the Commission finds: 5-A.1 That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; 5-A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 5-A.3 That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this chapter; and 5-A.4 That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. 5-B Such findings of the Commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the meetings at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that public health, safety, and welfare may be secured and substantial justice done. (Ordinance No.2179 of May 9, 1996)