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)