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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 50 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 C 51 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.