HomeMy WebLinkAboutStaff Report VARIANCE CRITERIA
The Subdivision Regulations Section 5-A state that "The Commission may
authorize a variance from the regulations 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 used of the 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 may 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."
STAFF REPORT
Project Manager: Jennifer Reeves, Staff Planner Report Date: June 22, 2006
Email: jreeves@cstx.gov Meeting Date: July 6, 2006
Project Number: 06-00500094
Item: Presentation, possible action, and discussion on a Variance Request to the Subdivision
Regulations Sections 8-J.2 -Block Length and presentation, possible action, and discussion on a
Preliminary Plat for Greens Prairie Center consisting of 8 lots on 89.71 acres located at the south
west corner of Greens Prarie Road and State Highway 6.
Applicant: Parviz Vessali, Property Owner
Staff Recommendations: If the variance is approved, Staff recommends approval of the
Preliminary Plat as submitted.
Item Summary: This item is for consideration of a variance request to the Subdivision
Regulations and for a Preliminary Plat for Greens Prairie Center consisting of 8 lots.
The developer is requesting a variance to the maximum Block Length as follows. A variance
letter is attached:
• Section 8-J.2 - Block Length -This section requires that block length shall not exceed
800' in areas other than single-family residential subdivisions. The developer requests a
variance to this requirement to allow the block length to be increased to greater than
800'for Blocks 3, 4, 5, 6 &7.The approximate lengths of each block as shown on the
Preliminary Plat are as follows:
Blocks 3&4- 1,780'
Blocks 5 &6- 1,600' along SH 40
2,750' along Arrington Road
1,500' along future Arrington Road
Block 7- 1,000' along old Arrington Road
900' along SH 40
The purpose of this Preliminary Plat is for the submittal of a Final Plat and development of Phase
1 of the subdivision. No other development is planned at this time. Phase 1, Blocks 1 &2, are in
compliance with the Block Length Ordinance.As plans are prepared for future phases, a revised
Preliminary Plat can be submitted,which typically would show additional driveways or streets that
would make each phase in compliance with the ordinance.
Comprehensive Plan Considerations: The Preliminary Plat is in compliance with the previously
approved Master Plan. The land use plan shows this area to be Regional Retail and a limited
area of Single-family Residential Medium Density at the southern corner. On the Thoroughfare
Plan, Arrington Road (Major Collector) is shown to realign with the new Arrington Road stub at
Greens Prairie Road near the western corner of the property.
Item Background: Land within this Master Plan area was annexed in 1983, 1993, and 2002. This
area was zoned A-O Agricultural Open upon annexation and a portion was rezoned C-1 General
Commercial in January 2006. Neither parcel is platted. A Comprehensive Plan Amendment was
approved by City Council on December 15, 2005.
Budgetary& Financial Summary: None at this time.
Related Advisory Board Recommendations: This is for a single family development that may
change to office/commercial before it is developed. The proposal would be for 90 single family
lots.The Parks Board is recommending 90 units at$358.00 per unit which would be a total of
$32,220.00. Required Land Dedication recommended is 0.89 Acres or$17,820.00.
Commission Action Options: The Commission has final authority over the preliminary plat. The
options regarding the final plat are:
• Approval
• Denial
INFRASTRUCTURE AND FACILITIES
Water: There is a water main line on the eastern corner of the property. The western portion of the
property is within the Wellborn Special Utility District CCN for water. Fire flows will be required with
development. Water will need to be provided to all subdivided lots. Water lines proposed by the City's
Water Master Plan are located on a portion of this tract and are required to be constructed with
development.
Sewer: There is an existing sanitary sewer main on the western boundary of the property. Sanitary sewer
will need to be provided to all subdivided lots. Sewer lines proposed by the City's Sanitary Sewer Master
Plan are located on a portion of this tract and are required to be constructed with development.
Streets: Arrington Road is a Major Collector on the Thoroughfare Plan and is shown to be extended to its
minimum design standard with Phase 2A of the Subdivision.
Off-site Easements: May be required for extension of utilities shown on the Water and Sanitary Sewer
Master Plans.
Drainage: Drainage is divided on the property between the Spring Creek and Alum Creek basins.
Development must comply with the City's Drainage Policy and Design Standards.
Floodplain: The property is not within FEMA designated floodplain.
Oversize request: None at this time.
Impact Fees: A portion of the property is located in the Spring Creek Sewer Impact Fee Area (97-01).
Currently, the Impact Fee for this area is $349.55 per Living Unit Equivalent. A portion of the property is
located in the Alum Creek Sewer Impact Fee Area (97-02b). Currently, the Impact Fee for this area is
$343.38 per Living Unit Equivalent.
Supporting Materials:
1. Small Area Map(SAM) and Aerial Map
2. Application and Variance Request Letter
3. Copy of Preliminary Plat(provided in packet)
4. Variance Criteria