HomeMy WebLinkAboutStaff ReportSTAFF REPORT
Item: Consideration of a Master Preliminary Plat for the Delraye Subdivision to reflect a
resubdivision of part of Block 4, Harvey Hillsides Subdivision. (99-52)
Applicant: David Mayo
Item Summary: The proposed Master Preliminary Plat shows the parent tract, which consists of
the former Jose's restaurant that burned down several years ago, a landlocked piece that has been
incorporated into the residential lot that exists outside the City Limits to the south, an existing
multi-family use, and an existing retail business along Highway 30 near Pamela Lane. The owner
of the former Jose's tract intends to submit a final plat on that lot in the near future - the remaining
3 lots are shown as reserve tracts. The plat is in compliance with the Land Use Plan, which shows
the area as rural density single family.
The land division that created Reserve Tract D, the landlocked tract, was made without benefit of a
legal subdivision. The owner of the residential tract to the south would therefore be required to
become a party to the pending final plat. However, that owner has exhibited a reluctance to
participate in the platting, and the applicant is therefore requesting a variance to 1) waive the
requirement to include Reserve Tract D in the pending final plat, 2) waive the requirement to
provide access to Reserve Tract D, and 3) waive the requirement to provide water service through
Tract A such that Tract D could tie onto that line in the future. It is the City's policy that it will
not provide water or sewer service to illegally platted properties, and therefore the City will not
provide these services to the landlocked tract nor to the residential lot that has been tied to it. The
party refusing to participate in the final plat will be notified of this policy.
Item Background: The Harvey Hillsides Subdivision was subdivided many years ago, and
several of the tracts fronting on Highway 30 were further divided without benefit of legal
subdivisions. Some of those divisions were made prior to the time that this area came under the
City's subdivision authority. This preliminary plat shows all of the properties that were included
in the tract that was in existence at the time that the Subdivision Regulations applied to the
property.
Budgetary & Financial Summary: None requested
Staff Recommendations: Staff recommends approval with the condition that at the time tracts B
and C come in for final platting, the property line between them will move so that both sides meet a
7.5' setback, or a side setback variance is approved. Staff also recommends approval of the
variances regarding access and water service extension because otherwise the applicant would be
held to requirements that are not under his control.
Related Advisory Board Recommendations: N/A
Commission Action Options: The Commission has final authority over the master preliminary
plat. The options regarding the final plat are approval as submitted, approval with conditions, or
denial. Defer action or table only at applicant's request.
JAPZTEXTVZ01518. DOC
Supporting Materials:
1. Location Map
2. Application
3. Infrastructure and Facilities
4. Copy of Master Preliminary Plat
J:\PZTEXPYZO 1518.DOC
INFRASTRUCTURE AND FACILITIES
Water: An 8" waterline exists in Highway 30 across the frontage of the 3 tracts
fronting that road. The applicant has requested a variance to not extend water service to
Reserve Tract "D".
Sewer: A 15" sewerline exists through all tracts.
Streets: Highway 30 is a major arterial that provides access to tracts A, B, and C. A
variance is requested to allow the landlocked Reserve Tract D to remain landlocked.
Off-site Easements: None.
Drainage: Will be required to comply with the City's Drainage Ordinance during the
site plan process.
Flood Plain: None.
Oversize request: None.
Impact Fees: The site is not located in an impact fee area.
NOTIFICATION:
None required.
JAPZTEXTNPZ01518.D0C
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Ray Hansen, 730 Rosemary (owner of the property), said that the plans were to construct this facility
identically to the Exxon located at FM 2818 and Welsh, with minor canopy changes.
Ms. Sherry Ellison, 2705 Brookway, expressed her concern with excessive drainage into Carter Creek.
She also was concerned with toxic spills (from the service station), she asked how problems would be
handled.
Assistant City Engineer Morgan explained that any spills on site would involve TNRCC (State
regulations).
Chairman Rife closed the public hearing.
Comrrussioner Horlen moved to approve the Conditional Use Permit Site Plan with all staff
recommendations. Commissioner Parker seconded the motion,
Commissioners Floyd and Warren expressed their concern for this type of use at this location.
Chairman Rife called for the vote and the motion to approve the pejna It passed 4-2; Commissioners
Floyd and Warren voted in opposition.
Aeenda Item No. 6: Consideration of a Master Preliminary Plat for the Delray Subdivision to
reflect a resubdivision of part of Block 4, Harvey Hillsides Subdivision. (99-310)
Senior Planner McCully presented the staff report. She explained that the proposed plat shows the
parent tract, which consists of the former Jose's restaurant that burned down several years ago, a
landlocked piece that has been incorporated into the residential lot that exists outside the city limits to
the south, an existing multi-family use, and an existing retail business along Highway 30 near Pamela
Lane. The owner of the tract intends to submit a final plat on the former Jose's lot in the near future.
The remaining three lots are shown as reserve tracts. The plat is in compliance with the Land Use Plan,
which shows the area as rural density single family. The land division that created Reserve Tract D, the
landlocked tract, was made without benefit of a legal subdivision. The owner of the residential tract to
the south would therefore be required to become a party to the pending final plat. However, that owner
has exhibited a reluctance to participate in the platting, and the applicant is therefore requesting a
variance to 1)waive the requirement to include Reserve Tract D in the pending final plat; 2) waive the
requirement to provide access to Reserve Tract D; and 3)waive the requirements to provide water
service through Tract A such that Tract D could tie onto that line in the future. It is the City's policy
that water or sewer service is not provided to illegally platted properties, and therefore the City will not
provide these services to the landlocked tract nor to the residential lot that has been tied to it. The party
refusing to participate in the final plat will be notified of this policy. Staff recommended approval with
the condition that at the time tracts B and C come in for final platting, the property line between them
will move so that both sides meet a 7.5' setback, or a side setback variance is -approved. Staff also
recommended approval of the variances regarding access and water service extension because otherwise
the applicant would be held to requirements that are not under his control.
David Mayo, 2167 Post Oak Circle (representing the owner), explained that Harvey Hillsides was
platted in mid-1960's, prior to the bypass. This tract was originally platted on the Harvey Hillsides plat
as Block 4. This block was reserved in the deed restrictions for commercial use. The entire area was
bought by one individual. The tract that the applicant is interested in platting had a restaurant built on-it
in the 1970's. The owners home was built on the back part of the property. The owner sold of separate
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stracts by metes and bounds (divided as shown on the plat). The piece of property considered
landlocked is actually part of the tract- The applicant is needing to correct an illegal subdivision thai
happened years ago by another owner.
Commissioner Horlen moved to approve the Master Preliminary Plat with staff recommendations,
Commissioner Floyd seconded the motion, which passed unopposed (6-0).
Azenda Item No. 7: Consideration of a Preliminary Plat of The Gateway, approximately 76
acres, divided into 8 lots and 2 reserve tracts on the northwest corner of University Drive and
State Highway 6. (This preliminary plat for The Gateway is a revision to the one that was
approved by the City in December of 1998.) (99-309)
Transportation Planner Hard presented the staff report. He explained that the preliminary plat for the
Gateway was approved by Council in December of 1998. A condition of approval of this plat was that
a private driveway to the site be provided in lieu of extending Glenhaven through the tract. An
additional change from the previously reviewed plat is that a 1.14 acre corner tract has also been
included. He explained that the previously approved plat divided the property into 3 lots and 3 reserve
areas. This revised preliminary plat proposes to divide the property into 8 C-B Business Commercial
zoned lots and two areas reserved for future development. Numerous shared and cross access
easements have been included on the plat to aid in distributing traffic to and between various access
points on University Drive and the State Highway 6 Frontage Road. Two access easements on
University Drive and a third on the Frontage Road will provide primary access and internal circulation
for the site. The plat shows additional access points on University Drive, but they would not currently
meet ordinance requirements.
Staff recommended approval of the preliminary plat with the following conditions:
• That a note on the plat be added which indicates the two "proposed access points" on University
Drive will not be permitted until a median is installed in University Drive, and;
• That the easement running along the rear of the property be centered on the sanitary sewer line and
this easement be labeled on the plat as a 20 foot public utility easement (P.U.E.).
He explained that the applicant may be trying to get the access points onto University Drive at this time,
which would be a variance to the Driveway Ordinance, not a platting issue. He said that if this is what
the applicant wants he would need to go through the Driveway Ordinance variance process with the
Project Review Committee (PRC), which would not be resolved tonight.
Mr. Greg Taggart, Municipal Development Group, (project manager); explained that they have met
with staff regarding circulation issues without extending Glenhaven through the project. He said that
one major concern is with staffis recommendation regarding the first requirement because Lot 6 is under
site design for a restaurant. He said that the applicant was hoping the State would be close to
constructing a median before the project came this far in design and platting. It seems it may take as
long as two years before the median is in place. The restaurant needs the curb-cut as shown on the plat
before September or October, which causes a timing problem. The applicant would like to have
approval of a curb cut for this location with a restricted right-in/right-out turn in the general location
shown on the site plan. He offered to have the curb cut designed in a way that eliminates wrong entry
or exiting to the facility. It could also be rebuilt when the median is installed. This access is significant
to the developer, specifically Lot 6.
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