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HomeMy WebLinkAboutStaff Report STAFF REPORT Project Manager: Jennifer Prochazka, Senior Planner Report Date: November 27, 2006 Email: jprochazka(a�cstx.gov Meeting Date: December 7, 2006 Project Number: 06-00500235 Item: Presentation, possible action, and discussion on a variance request to Section 12-K.2 (Block Length) of the Subdivision Regulations for Indian Lakes Phase X; and presentation, possible action, and discussion on a Preliminary Plat for Indian Lakes Phase X, consisting of 40 lots on 79.715 acres, located southeast of the intersection of Indian Lakes Drive and Chaco Canyon, in the City's extraterritorial jurisdiction. Applicant: Travis Martinek, agent for Smiling Mallard Development, LTD., property owner Staff Recommendations: Staff recommends approval of the Preliminary Plat if the Commission supports the Variance request. ETJ Plats - Brazos County's comments and recommendations: None Item Summary: This item is for consideration of a variance to Section 12-K.2 Block Length; and a preliminary plat for a new section of the Indian Lakes development that continues the general pattern of large lot single-family development in Indian Lakes. The proposed lots range in size from 1.01 acres to 3.47 acres. The plat also includes 12.32 acres as Homeowner Association Common Area. A Phase X preliminary plat was approved in March of this year. This new preliminary plat has generally the same layout as the previously approved plat, but has removed a cul-de-sac from the west side of Matoska Ridge Drive and has reduced the number of residential lots from 41 to 40. Two variances were also approved for this property in March of this year. These include a variance allowing an extended cul-de-sac length for Tallulah Trail (2,143 feet) and a variance allowing an extended block length for the south side of Indian Lakes Drive (1,756 feet). This revised preliminary plat has removed a cul-de-sac from the west side of Matoska Ridge Drive, increasing the overall length of that block. Section 12-K.2 of the Subdivision Regulations states that the block length shall not exceed 1,500 feet in rural residential subdivisions. In blocks over 800 feet in length, the Planning & Zoning Commission may require access ways to facilitate pedestrian traffic movement. The west side of Matoska Ridge Drive, is 1,595 feet in length, requiring a variance of 95 feet. 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." Please see attached Variance Request submitted by the applicant for further information. Comprehensive Plan Considerations: The Land Use Plan shows most of the land in the ETJ to be developed at a rural density (very low density residential development with agricultural and support uses). The City does not control land use in the county, but does share platting authority. Indian Lakes Drive is shown on the Thoroughfare Plan as a major collector. Both the Brazos County Road & Bridge staff and City staff would like to see a connection into the property to the south that is labeled on the plat as "McFarlane, Unplatted 1,213.54 Acre Tract." While this is a large property with access to other public roadways, the portion that is adjacent to Indian Lakes is separated from the remainder of the tract by a very large floodplain, making access to the tract from another direction unlikely. The Subdivision Regulations state that "where adjoining tracts are not subdivided, the arrangement of streets in the subdivision shall make provision for the proper projection of streets into such areas." Staff believes that because the adjacent portion of the 'McFarlane Tract' may be precluded from access from other directions that a street should project into this area. Staff and the applicant agree that the most appropriate location for this street connection would be at the most southern point of Indian Lakes Drive where this connection could be made directly onto the collector without increasing traffic along residential streets. This connection will be required when that phase is platted. If the variances are granted, the plat will be in compliance with the Subdivision Regulations. Item Background: A Master Development Plan was approved for the Indian Lakes Subdivision in 2002. This area was shown as "reserved" on the Master Development Plan. Phase X was preliminary platted in March of this year. This preliminary will replace the previously approved preliminary plat. Commission Action Options: The Commission has final authority over the Variance Request. The options regarding the Variance Request are: • Approval • Denial Commission Action Options: The Commission has final authority over the Preliminary Plat. The options regarding the Preliminary Plat are: • Approval • Denial Supporting Materials: 1. Small Area Map (SAM) and Aerial Map 2. Application 3. Variance Request Letter 4. Copy of Preliminary Plat (provided in packet)