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HomeMy WebLinkAboutMinutesCommissioner Garner moved to approve the parking lot plan for Equity Realty at 201 Wellborn Road without a fence btween the Varsity Apartments and this project. Commissioner Lightfoot seconded the motion which .passed unopposed (4-0). AGENDA ITEM NO. 9: Public hearing and consideration of a request to rezone approximately 37 acres in the proposed Westfield Addition located along the south side of Graham Road near the future extension of Victoria .Avenue from A-O Agricultural Open to R:1 single. Family Residential and consideration of a Master Plan and Preliminary. Plat of the .entire Westfield Addition, 52 acres. divided into 171 single family lots, 1 C-N reserve tract and 3 reserve tracts (97-117 and 97-320) City Planner Kee presented the staff report and stated that the subject property was annexed into the City in 1993, at which time it was. reflected as A-O Agricultural Open on the Zoning Map. This area as well as most of the property within the southern parts of the City remains undeveloped, however, many of these areas. have seen recent development interest due to the City's planned utility expansions into them, Originally this property was divided. into 3, approximately, 15 acre tracts. Recently the most southerly portion of these 3 tracts, (where Southern Plantation will extend) and the westerly portion where Victoria will. extend was subdivided from the 3 original tracts. This was done without platting the property. The thoroughfare plan calls for the extension of Victoria and Southern Plantation to extend through these properties. Ms. Kee explained that for the past year and a half, the applicant has been involved in numerous discussions with City Staff regarding the development of the subject property. The applicant submitted several conceptual plans for initial response from the Staff. Staff discussed the following with the applicant:. the possibility of combining the- parkland. dedication requirements with the existing .creek to gain compliance with the Comprehensive Plan goals relating to park linkages and combining schools and park .sites (there is an adjacent future school site), .orienting the subdivision to take advantage of the creek as an amenity, the thoroughfare. plan and how it relates to the site, the internal street layout and access, and how to sewer and drain the property.'. Staff discussed these concerns with. the developer for the past year and still does not feel they have been adequately addressed. The developer asked to bring this master and preliminary plat. and associated zoning request. forward to the`Commssion and Council knowing that there would be a negative staff recommendation at this time. Ms. Kee stated that Staff has the following specific concerns: Zoning: Staff has difficulty recommending approval of any zoning changes at this time. The developer requested rezoning the first two phases to R-1 Single Family .(currently zoned A-O Agricultural Open). Ms. Kee explained that although the R-1 zoning is in compliance with the land. use plan, Staff feels that there are too many unanswered questions on the master plan. Ph- asin~: The developer's intention is to build single family residences with some possible neighborhood commercial at the Victoria and Graham Road intersection. The master plan shows Phases One and Two, or more than half of the proposed residential development, .before the extension of Victoria and Southern Plantation is even :addressed. The concern stems from the ability for the remainder of the development to support. such large pieces of infrastructure. There are also. additional concerns about the internal street layout. Ms. Kee explained that the plan shows no secondary access to Graham or P&ZMinutes November 20, 1997 Page S of I1 Victoria until Phase Three, which would mean there would approximately 107 lots built with only a single access. Drainage: The prelinunary plat refers to a regional detention area located on the adjacent CSISD property. According to CSISD staff and consultants, their project does not necessitate participation in a regional detention facility. Ms. Kee stated that staff cannot verify CSISD detention plans at this time. Floodplain/Floodway_ Ms. Kee explained that the developer has not confirmed that there is not any floodplain on the property. CSISD on the adjacent tract is performing a hydraulic analysis to define the floodplain/floodway on their property and there .appears to be floodplain on their tract. The location of the floodplain may. have an impact on the lots that back up to the reserve :creek area. At this point, with the location unknown, the suitability for development of these lots is also unknown. Sanitary Sewer: Ms. Kee stated that the developer has discussed the. ability for this property to sewer toward the: south rather than participating in the Graham Road Impact Area Phase 3 sanitary sewer line and they have discussed a request to amend the existing impact fee area 92-01 to remove the. Phase 3 line. Ms. Kee explained that:if Phase 3 is deleted, the. developer. would .then like to pursue an alternate sewer alignment. along the north fork of Lick Creek.. A portion of this line has already been constructed, and is existing' in the Springbrook Subdivision. and would continue .west to and through this development. Ms. Kee explained that the developer would be requesting oversize participation in this new sewer Mine. I7ltimately, City Council would have to approve the change to the impact fee area. Oversize Participation: Staff requires that ..impact studies be presented when oversize participation is being requested. The developer has not presented the studies to Staff. Proposed C-N Tract: Ms. Kee explained that this property will come before the Commission and Council as a rezoning request in the .future. Approval of this master plan does not guarantee approval of any future rezonings, Ms. Kee stated that Staff does not see a problem with some neighborhood commercial'zonng in the master plan. Parkland Dedication and Open Space Along: the Creek: Ms. Kee explained that this master plan also includes a portion of the :north fork of Lick Creek. She said that this master plan should address how this creek area will work with the planned development. Currently, the :creek is shown as a "Reserve Tract" and does not incorporate the residential development. Ms. Kee stated that Section S-A of the Subdivision Regulations states "In all subdivisions, due regard shall be shown for all natural features such as trees, water courses, historical spots, andsimilar community assets, when: preserved, will add attractiveness and value to the property. " Ms. Kee said that the Parks Director has had conversations with the developer. and indicated the Parks Department's desire to have pedestrian and maintenance vehicle access from. all streets in this development to the creek open space. The applicant has offered one access from .the cul-de-sac in Phase One. She explained that the Comprehensive Plan recommends moving toward a linkage system of greenbelts and open space connecting neighborhoods and parks. The parkland cash dedication from this development would be in the amount of $38,475.00. However, the applicant has recently .acquired .all the tract on the, .other side of this creek which runs completely to Barron Road. Ms. Kee indicated that this would be an ideal opportunity to provide a neighborhood parklocation with access to the creek as open space, tying in nicely with the adjacent CSISD property where there will be an elementary school and intermediate school in the future. P&ZMinutes November 20, 1997 Page 6 of 11 Ms. Kee stated that although tall supports single family residential land uses with some. associated neighborhood commercial in this location, staff cannot recommend .approval of the zoning, overall master plan or preliminary :plat at this time until the following. are addressed: Thought given to how the creek area could. ultimately be incorporated as part of the development . Alternative phasing to address access and infrastructure guarantees. A determination as to how the property will be sewered. A determination :and. ultimate .recommendation from the Parks Board as to -the best way to provide parkland. . Submission of impact analysis for the oversize requests. Ms. Kee. explained .that the Commission could approve the request, deny, or deny without prejudice which would waive the 180 day waiting period. Chairman Massey opened the public hearing. John Szabuniewicz, Applicant, explained that he is trying to address all staff concerns. He stated that the staff report relates to a much earlier submittal. Mr. Szabunewicz handed out xerox copies of maps (attached).. He .stated .that Lick Creek Development, Inc. only owns the Westfield Addition which stops just short of the creek. A different owner owns the creek.. There is a 50 foot access point to Graham Road on the tract in the back. He showed on the map. the extension of Victoria, to comply. with the Comprehensive Plan as recommended by Staff. He said that the Victoria extension also needs property from other property owners. He stated that. he has talked to the other owners and they do not want to donate the land needed to :continue Victoria. He also said that his company. does not .have a problem with developing Victoria and they will have to address this item at a future date. The following are Mr. Szabuniewicz's responses to Staff concerns: Zoruna: 'He believes the master plan is being met considering his is just asking for R-1 zone for the two tracts. He feels that even though .staff has a problem with the platting he thinks the zoning change should still be allowed. He believes the platting problems should be addressed with the plat not with the zoning request. Phasing: The second map he handed out reflected the phasing. He stated that the phasing is intended to .change to address the staff concerns. Phase. two will. then include building an additional access to Graham Road to :improve traffic circulation. These. changes in .phasing. will .give them time to figure out a way to handle the extension of Victoria scheduled for Phase 3. They will talk to the .other owners during this time and try to resolve some the right-of--way questions. C-N Zoning: Mr. Szabuniewicz stated that the C N zoning has not been requested yet. They are waiting to see what they want to do with that property. The property- located adjacent to the proposed subdivision is zoned IVI Z Heavy Industrial, .and the property "catty cornered" is zoned C-2 Commercial Industrial, which puts "higher" zoning all .around. the subject .property. Taking this into consideration, Mr. Szabuniewicz .stated that he was not sure what the appropriate zoning should be for the C-N proposed section. This will be decided on at a later date. Floodplain/Floodwa~ Another :drawing Mr. Szabuniewicz handed out was from the FEMA map. Mr. Szabuniewicz stated that the entire property is in the Zone X which puts the property outside he 500 year floodplain. He said that none of their property is in the Floodplain. He commented that flooding is not an issue at all. 1VIr. Szabuniewicz stated that the homes already developed in the Springbrook area P&Z Minutes' November 20, 1997 Page 7 of 11 have a slab elevation of 283 - 284 feet, and the bottom. of he creek on the property is 284 feet, which means the creek is higher than the slabs on the homes. Drainage: Mr. Szabuniewicz said that there is off-site drainage. He said they have talked to CSISD and have come to an agreement that the school has a portion of their tract in the corner that they would be willing to sellthe Lick Creek Development for building the detention facility. He stated that at the time of the agreement he was not sure if they would have a joint detention area or an easement. As of the .meeting, CSISD agreed to sell Lick Creek Development the corner property since it would not be usable by CSISD. .Sanitary Sewer: Mr. Szabuniewicz stated that a letter was submitted to Kent Laza, City Engineer on August 19, .1997 which included an impact study. for sewer demands for the area. He stated that he recommended looking at a 12" sewer line (oversize), but it has been determined by Lick Creek Development. and CSISD that they would need an 8" sewer line coming up from Springbrook along the creek. A request for oversized participation was submitted'to the City and he said they were willing to oversize it to a I2", 15" or even an 18", depending what the City wants. Mr. Szabuniewicz said that the development is ready toproceed on this issue. Parkland Dedication: Mr. Szabuniewicz said that .they would. prefer at this time to pay. the fee .rather than make any park dedication. He believes CSISD would like to have a .park located on their site. He stated that at some future date :Lick Creek Development would work with the staff to provide better access for the reserve tracts. The preliminary plat for Phase One shows a:50' access at theend of the cul-de-sac for access to the back tract and the creek .area. He said they plan to have all cul-de-sacs provide access to the creek. Mr. Szabuniewicz stated that he feelsbetween now and the Council review they can resolve any other questions :and concerns from Staff and the Commission. Chairman Massey closed the public hearing. Commissioner Garner felt there were too many unanswered questions to approve the requests as presented. Chairman Massey agreed with Commissioner Garner that there are too many "loose ends" needing to be taken care of before approval. Conunissioner Lightfoot agrees and felt that there is a need for more residential housing and there were some staff questions and concerns that were addressed tonight, but there are still. many things that :are not meeting staffs concerns. He believed it would be necessary for the .developer to meet with staff to take. care of all concerns and uncertainties. Commissioner Garner moved to deny the rezoning request, master plan and .preliminary plat for the Westfield Addition without prejudice {waive. the 180 day waiting period). Commissioner Lightfoot seconded the motion which passed unopposed (4-0). AGENDA ITEM NO. 10: Public hearing and consideration of a Conditional Use Permit for the use and associated site .plan. to allow the expansion of Oakwood Intermediate School at I06 Holik. (97-718) StaffPlanner Battle presented the staff report and stated that the proposed development is an expansion to the existing school facilities. The additions will include 8,749 square feet of new classrooms, a 12,126 square foot locker room and gymnasium, 20 new parking spaces and covered walkways. Section 14 of the Zoning Ordinance authorizes the existence of conditional uses. The Commission may P&ZMinutes November 20, 1997 ~ Page 8 of 11