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)