HomeMy WebLinkAboutVariance Request DUCK HAVEN i-rIASES 4-8- PRELIMINARY PLAT
VARIANCE REQUEST
The Developer is requesting a Variance consideration for the following items:
VARIANCE REQUEST#1 -BLOCK LENGTH
According to Staffs 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 for Retriever Run to allow for a block length of 1,600 LF, or a 100 LF Variance.
Currently, Retriever Run meets the block length requirement on the northeast side of the street due to the
placement of Pintail Trail, but results in a block length of greater than 1,500 LF on the southwest side between the
end of the Retriever Run cul-de-sac and the Canvasback Cove cul-de-sac.
Please refer to the attached "Developer's Notes" document for information concerning the placement of streets
within Phases 4-8.
Response to Subdivision Regulations, Section 5, Variances:
5-A.1: The Developer is requesting the block length variance in order to accommodate the following:
• Efficiency of Street Design—The Developer has chosen this street layout to minimize the necessary
linear footage of roadway to service the lots within the subdivision. This not only reduces upfront
construction costs, but also reduces the long-term public maintenance expense due to the reduction
in the quantity of roadway.
• Reduction in Through Traffic—The Developer believes that street relief to the southwest side of
Retriever Run would impact the peacefulness and livability of the Duck Haven community. Refer to
the attached "Developer's Notes" document for reasoning as to why the developer has chosen to not
provide relief to the adjacent property in the area of Phase 5.
It is the position of the Developer that the proposed street layout takes into account efficiency in design
and strives to uphold a quiet, more livable community less impacted by pass-through traffic and provides
for the best alternative considering these conditions and issues. The Developer believes the solution
presented to be a reasonable response, considering the conditions and issues that exist. Refer to the
attached "Developer's Notes" document for more information.
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."
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
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DUCK HAVEN r MASES 4-8–PRELIMINARY PLAT
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.
VARIANCE REQUEST#2– BLOCK LENGTH
According to Staffs 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 1,733 LF, or a 233 LF Variance, on both sides of Whistling
Way in Phase 6.
Response to Subdivision Regulations, Section 5, Variances:
5-A.1: The Developer is requesting the block length variance in order to accommodate the following:
• Efficiency of Street Design—The Developer has chosen this street layout to minimize the necessary
linear footage of roadway to service the lots within the subdivision. This not only reduces upfront
construction costs, but also reduces the long-term public maintenance expense due to the reduction
in the quantity of roadway.
• Reduction in Through Traffic—The Developer believes that developing Whistling Way as a "cozy cul-
de-sac" provides for a much greater living environment as compared to the conditions that would exist
if the street had other streets connecting to it. The result would turn Whistling Way into a street
servicing through traffic rather than just the residents of the street. Refer to the attached "Developer's
Notes" document for more information.
It is the position of the Developer that the proposed street layout takes into account our desire to provide
for a street layout that avoids excessive traffic conditions through neighborhoods. The Developer
believes the solution presented to be a reasonable response, considering the conditions and issues that
exist. Refer to the attached "Developer's Notes" document for more information.
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."
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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DUCK HAVEN r RASES 4-8– PRELIMINARY PLAT
DEVELOPER'S NOTES
The Developer is submitting this Preliminary Plat for Duck Haven Phases 4-8. The purpose of this multi-phase
submittal is to provide Staff with the Developer's proposed subdivision build-out plans. This submittal includes all
variance requests necessary to gain approval of the preliminary plats for all the remaining phases at Duck Haven.
Major Changes from Previous Master Preliminary Plat Submittal
This Preliminary Plat submittal has been altered with respect to the original Master Preliminary Plat submitted in
February 2002, to address some concerns of the Developer regarding circulation, connectivity, quality of life, and
overall "community feel". The following major changes are presented:
• Lot Size—With this new submittal, all lots within the subdivision will be one-acre or larger. This is
different from the original 2002 submittal, which included lots that were less than one acre in size.
• Connectivity to Adjacent Property—The new submittal intends to provide access to the future Saddle
Creek development along the northwest boundary of the Duck Haven property rather than along the
southwest boundary. The reasons for this change will be discussed in more detail below.
Land Planning Objectives
It has been the Developer's experience that most homeowner's prefer to live within communities that are able to
control the intensity of traffic that travels through and within their subdivision. Most residents prefer to live on cul-
de-sac streets that do not allow for cross traffic to "buzz" through their neighborhood and disturb the peace and
quiet they seek to find in rural settings. It is the Developer's objective to strive for the best living environment
possible for the homeowner's within Duck Haven. The Developer believes that the land plan submitted achieves
this goal.
With this goal in mind, the Developer has land planned the remaining acreage of Duck Haven to provide for cul-
de-sac streets that allow for "pockets" that are situated away from roadways that may carry through traffic
between Duck Haven and Saddle Creek. It is our belief that routing traffic from Saddle Creek through the heart of
Duck Haven will negatively impact the quality of life that the residents of Duck Haven desire. This is the primary
reason the Developer chose to relocate the access point to Saddle Creek from the southwest boundary of Duck
Haven to the northwest boundary.
Connectivity to Saddle Creek
With this submittal, the Developer is proposing to alter the 2002-approved connection point to Saddle Creek (near
the location of Canvasback Cove) to a new location at the northwest boundary of the property (Blue Teal Trail).
As described in the Land Planning Objectives section, the Developer believes that a connection point at
Canvasback Cove would severely impact the quality of life for the residents of Duck Haven.
The Developer does not wish to deny connectivity to the adjacent Saddle Creek property, but rather route through
traffic around the central portion of Duck Haven, and away from Drake Drive, to the outer fringes by way of Blue
Teal Trail. By doing this, the Developer will prevent increases in the traffic volumes along the residential streets
of Drake Drive, Widgeon Trail, Retriever Run, Pintail Trail, Whistling Way, and Canvasback Cove.
In additional to helping to maintain low traffic volumes on the above-mentioned streets, relocating the Saddle
Creek connection point to Blue Teal Trail will prevent through traffic from traveling around and in front of the 6-
acre HOA Common Area and green space that exists at the extreme southwest corner of the subdivision. The
HOA Common Area will be heavily accessed by pedestrians, and young children, who wish to visit the pond,
picnic area, and sports court located in the park. Safety concerns will be elevated if Drake Drive becomes a
through street that ultimately connects to Saddle Creek by way of Canvasback Cove. The Developer believes
that at the build-out of Saddle Creek, Duck Haven will become a primary relief route for traffic wanting to get to
Wellborn Road. It is in the best interest of the Duck Haven community to route traffic around the development
rather than through the central part of the subdivision.
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