HomeMy WebLinkAboutStaff Report STAFF REPORT
Project Manager: Lindsay Boyer, AICP, Staff Planner Report Date: June 11, 2007
Email: Iboyer@cstx.gov Meeting Date: July 5, 2007
Project Number: 07-00500073
Item: Presentation, possible action, and discussion on a Variance request to Section 13-C, Lot
Width and 12-1.3, Relation to Adjoining Street Systems of the Subdivision Regulations and a
presentation, possible action, and discussion on a Preliminary Plat for Peach Crossing
Subdivision, Phase 2 consisting of 4 lots on 29.56 acres located at 1706 Peach Creek Road just
east of the Speedway on Peach Creek Road, at its intersection with Peach Creek Cut-Off in the
City's Extra-Territorial Jurisdiction.
Applicant: Mark Homeyer, Property Owner/Developer
Staff Recommendations: If the Planning and Zoning Commission approves the variance
requests, Staff recommends approval of the preliminary plat.
Item Summary: This item is for the consideration of a Preliminary Plat for 29.56 acres in the
City's ETJ. The subject property is being platted as 4 residential lots. The property is located at
the end of Freestone Drive where Phase One of Peach Creek ends. Approval of this Preliminary
Plat requires approval of a variance to the lot width requirement.
The City's Subdivision Regulations, Section 13-C, require a minimum 100-ft. width for lots in the
ETJ. Lots 10, 11, 12 and 13 of Block 3, all of which are located in Phase Two at the end of the
cul-de-sac of Freestone Drive, are less than 100 feet in width. These lots do, however, meet
the County minimum lot width of 70 feet. Additionally, the applicant is requesting a variance to
street systems in Section 12-1.3. The subdivision regulations require that property that is platting
must make provisions for the proper projection of streets into neighboring unplatted areas.
In considering a variance, the Planning and Zoning Commission should make the following
findings:
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;
2. That the variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant;
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
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.
Comprehensive Plan Considerations: The Land Use Plan identifies this property for Rural
Residential development. However, the City has no authority over land use in the ETJ.
Item Background: The subject property came into the City's Extra-Territorial Jurisdiction (ETJ)
in 1992. Freestone Drive, which is classified as a residential street, will be extended to these
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properties. Freestone drive is a residential street from Peach Creek Phase One consisting of 48
residential lots that was approved by the Commission on September of 2003.
Budgetary & Financial Summary: N/A
Commission Action Options: The Commission has final authority over the preliminary plat.
The Commission must first rule on the variance requests.
The options regarding the variance requests are:
• Approval
• Denial
If approved, the Commission can take action on 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. Copy of Preliminary Plat (provided in packet)
4. Variance Request Letter
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Section 12 - 1.3
To allow the termination of Freestone Drive without providing for the
projection of streets into unplatted properties. Two of the three adjoining
properties have ares that are located within the 100 year flood plain. As a result
the adjacent properties may never develop in these areas.
Section 13.0
To allow a 70' lot width in lieu of the required 100' lot width per the
ordinance. However, the actual length of lot frontage at the right-of-way is
109.96' for both lots. There are two existing ponds that would require filling and
regrading if Freestone Drive is extended beyond the point shown on the plat. In
order to keep a natural rural look, I am proposing to improve the existing gravel
drive to provide access to lots 11 and 12.