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HomeMy WebLinkAboutStaff Report STAFF REPORT Project Manager: Jason Schubert Report Date: March 23, 2007 Email: jschubert@cstx.gov Meeting Date: April 3, 2007 Project Number: 07-00500050 APPLICANT: Natalie Ruiz, IPS Group — Planning Solutions REQUEST: Building Height Variance LOCATION: 410 Holleman Dr E; WoodStock #1 Subdivision, Reserve Lot PURPOSE: To allow a building 50 feet above the elevation of the rear property line to be constructed at a 76-foot setback, thereby requiring a height variance of 12 feet. GENERAL INFORMATION Status of Applicant: Consultant for the owner Property Owner: Bill Mather, Grid Commercial Real Estate Applicable Ordinance Section: UDO Section 7.1.H, General Provisions — Height PHYSICAL CHARACTERISTICS Zoning and Land Use • Subject Property: WPC, Wolf Pen Creek, currently vacant. • North: Across Holleman Drive: WPC, Wolf Pen Creek, City-owned property developed as Wolf Pen Creek trail system and parking lot. • West: WPC, Wolf Pen Creek, currently developed as the Artic Wolf Ice Center; R-1, Single Family Residential, currently developed as single family homes; and R-4, Multi-family, currently developed as duplexes. • East: Across Dartmouth Street: WPC, Wolf Pen Creek, developed as Wolf Pen Creek Amphitheater. • South: PDD, Planned Development District, currently developed as apartments. Frontage: The subject property has frontage on Holleman Drive E (715 feet) and Dartmouth Street (710 feet), both Minor Arterials on the City's Thoroughfare Plan. Development will require the extension of Manuel Drive, a Minor Collector, through the southern portion of the property. Access: Access will be determined at time of site plan. Topography & Vegetation: The property slopes over 15 feet from the southern, rear corner to the Holleman/Dartmouth intersection. Significant grading is expected to occur for the development. The property is lightly vegetated. Flood Plain: There is 100-year and 500-year FEMA floodplain identified near the intersection of Holleman Drive E and Dartmouth Street. VARIANCE INFORMATION Background: The developer has proposed a mixed use development of 250-300 multi- family units, a 9,000 square-foot clubhouse, and at least 9,000 square feet of retail on the subject property. In February 2007, the City Council approved a Conditional Use Permit, allowing the property to develop multi-family on the first floor with the condition that at least 9,000 square feet of retail be provided. With the adoption of the UDO in 2003, height restrictions were implemented for multi-family and non-residential structures to protect single-family. Stated simply, the restriction is that for every foot in height of structures that are not single-family, they must be located two feet back from the property line of a single family or townhouse development. A six-level, 56-foot high, parking garage is proposed near the rear of the site adjacent to the single family property. Due to elevation changes on the site, the parking garage is 50 feet above the elevation of the rear property line. Therefore, at a proposed setback of 76 feet, a height variance of 12 feet is required for the structure. ANALYSIS Special Conditions: The applicant has identified several special conditions related to the "widdling away of the land" and other limitations in developing the property under changing requirements. (1) Street right-of-way (ROW) was obtained for Holleman and Dartmouth, creating an odd-shaped, triangular piece of property. As part of the development, the extension of Manuel Drive is being required, limiting the area of potential development. (2) The Wolf Pen Creek Master Plan was amended to require retail on the first floor. With this particular development, 9,000 square feet of retail use was required as part of the Conditional Use Permit. (3) When the Unified Development Ordinance was adopted, height limitations were established in areas that abut single family uses. The applicant also states that the property is adjacent to rental homes along Crest Street and height limitations were not required when the property was considered for the City-sponsored hotel conference center. Hardships: As described above, the applicant has identified the design limitations, dedication requirements, and height limitations as the hardships to be undertaken in order to provide a dense multi-family, mixed use development complying with the Wolf Pen Creek Master Plan and approved Conditional Use Permit. Alternatives: The applicant has identified two possible alternatives: (1) Obtain a variance to reduce the number of required parking spaces so that the parking garage height can be lowered to comply. The applicant feels that this alternative will result in safety issues with overflow parking and inadequate parking for the retail. (2) Relocate the garage elsewhere on the site. The applicant states that relocating the garage to the Holleman/Dartmouth intersection would be aesthetically unacceptable and relocating at the new Dartmouth/Manuel intersection would be too far of a walk for the residents. In addition to those provided by the applicant, Staff has recognized other possible alternatives to the variance request. First, the proposed parking garage height could be reduced and still provide the same number of spaces by expanding its footprint. Another alternative is to reduce the garage height and number of residential units to reduce the number of required parking spaces and keep the same garage footprint. The Zoning Board of Adjustment may also find that a lesser variance could be appropriate. Finally, with the elevation change on the site, a variety of alternatives for garage placement, height, and footprint exist. Recommendation: Since the request does not meet the criteria for approval of variances, staff recommends denial of the variance. The special conditions and hardships stated by the applicant are not unique to this property. All new multi-family and non-residential structures built within the City must comply with the height restrictions adjacent to single family and townhouse development. The conference center proposal on this site in the late 1990s was prior to City Council adopting these height restrictions to protect single family, whether owner or renter occupied. The ROW obtained from this property has resulted in it being a corner lot along two minor arterials, thus providing it with more visibility than other properties in WPC. In addition, the subject property is vacant and therefore still has significant flexibility in site design. SPECIAL INFORMATION Ordinance Intent: The purpose of Section 7.1.H General Provisions — Height is to protect single family uses against height encroachment from neighboring non- residential construction. Similar Requests: None identified. Number of Property Owners Notified: Nine Responses Received: One inquiry at the time of the staff report. ATTACHMENTS 1. Small Area Map and Aerial Map 2. Application 3. Conceptual Site Plan (provided in packet)