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HomeMy WebLinkAboutAgendaAGENDA Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS CITY HALL COUNCIL CHAMBERS 1101 Texas Avenue May 15, 2003 7:00 P.M. Hear Citizens At this time, the Chairman will open the floor to citizens wishing to address the Commission on planning and zoning issues not already scheduled on tonight's agenda. The citizen presentations will be limited to three minutes in order to accommodate everyone who wishes to address the Commission and to allow adequate time for completion of the agenda items. The Commission will receive the information, ask city staff to look into the matter, or will place the matter on a future agenda for discussion. (A recording is made of the meeting; please give your name and address for the record.) Public Comment for the Record At this time, the Chairman will open the floor to citizens wishing to address the Commission on consent and regular agenda items that are not scheduled for a public hearing. This does not include items where hearings have been previously held The citizen presentations will be limited to three minutes in order to accommodate everyone who wishes to address the Commission and to allow adequate time for completion of the agenda items. The Commission will receive the information and it will be added to the public record. (A recording is made of the meeting; please give your name and address for the record.) Public Comment on the Unified Development Ordinance (UDO). At this time, the Chairman will open the floor to citizens wishing to address the Commission on the recently adopted Unified Development Ordinance. The citizen comments will be limited to three minutes in order to accommodate everyone who wishes to address the Commission and to allow adequate time for completion of the agenda items. The Commission will receive the information and it will be added to the public record. (A recording is made of the meeting; please give your name and address for the record.) All matters listed under Item 3, ConsentAgenda, are considered to be routine by the Planning and Zoning Commission and will be enacted by one motion. These items include preliminary and final plats, where staff has found compliance with all minimum subdivision regulations. All items approved by Consent are approved with any and all staff recommendations. There will not be separate discussion of these items. If any Commissioner desires to discuss an item on the Consent Agenda it will be moved to the Regular Agenda for further consideration. Consent Agenda 4.1 Consideration, discussion and possible action on the Minutes for the Regular Meeting held on April 17, 2003. 4.2 Consideration, discussion and possible action on the Minutes for the Regular Meeting held on May 1, 2003. 4.3. Consideration discussion and possible action on a Final Plat for Buchanan Estates consisting of 2 lots on 10.86 acres located at 2201 and 2221 Emerald Parkway. (03 -89) 4.4 Consideration, discussion and possible action on a Final Plat for Westfield Addition Phase 2B consisting of 11 lots on 2.40 acres located on Meadow View Drive at Graham Road (03 -103) Regular Agenda 5. Consideration, discussion and possible action of request(s) for absence from meetings. This building is wheelchair accessible. Handicapped parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call 409 - 764 -3517 or (TDD) 1 -800- 735 -2989. Agendas posted on Internet Website http: / /devservices.ci.college- station.tx.us and Cable Access Channel 19. 6. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. 7. Public hearing, discussion and possible action on a Replat of the Henton Subdivision, Lots 1 and 2 and One Lincoln Place, Lot 2, consisting of 13.31 acres located at 900 and 1010 University Drive, approximately 1100 feet west of the intersection of Lincoln Avenue. (03 -99) 8. Public hearing, discussion and possible action on a Replat for Lot 2, Block I of the Gateway Subdivision consisting of 5 lots on 3.391 acres located at 1711 University Drive East. (03 -102) 9. Public hearing, discussion and possible action on a Replat for Benjamin Graham Subdivision, Lot 1, consisting of 3 lots located on Koppe Bridge Road in the City's ETJ. (03 -98) 10. Public hearing, discussion and possible action on a Replat for Lot 17, Block 1 of the Emerald Forest Subdivision Phase 11 consisting of 1 lot on .46 acres located at 8623 Rosewood. (03 -97) 11. Consideration, discussion and possible action on a Preliminary Plat for Reatta Meadows Subdivision consisting of 161 lots on 38.56 acres located at 2201 Barron Road. (03 -86) 12, Public hearing, discussion and possible action on a variance request to Section 18 of the City's Subdivision Regulations and a Replat for University Preserve Subdivision consisting of 3 residential lots on 11.52 acres generally located along the east side of Munson Avenue, north of the Dominik intersection. (03 -95) 13. Public hearing, discussion and possible action on a Conditional Use Permit for a wireless telecommunication facility located at 1361 Earl Rudder Freeway South. (03 -08) 14. Public hearing, discussion and possible action on a Rezoning for Tract 9 of the Kenneth W. Schick property consisting of 9.62 acres located at 100 Southwest Parkway, on the corner of Southwest Parkway and Wellborn Road, from C -1 General Commercial to R -4 Apartment/Low Density. (03 -93) 15. Public hearing, discussion and possible action on a Rezoning to amend the concept plan and other elements of the PDD- H, Planned Development- Housing, for 7.15 acres in the proposed Westfield Village Phase 6, located east of the future Victoria extension, south of Westfield and north of Westfield Village Phase 1. (03 -96) 16. Public hearing, discussion and possible action on a Zoning Ordinance Amendment for the Wolf Pen Creek Zoning District to better define the minimum reservation for the upstream portion of the corridor. (03 -105) 17. Discussion of future agenda items. 18. Adjourn. Consultation with Attorney {Gov't Code Section 551.0711 ; possible action. The Planning and Zoning Commission may seek advice from its attorney regarding a pending and contemplated litigation subject or attomey- client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attomey- client privileged information issues arise as to the posted subject matter of this Planning and Zoning Commission meeting, an executive session will be held. MEMORANDUM May 6, 2003 TO: Planning and Zoning Commission FROM: Spencer Thompson Email: sthompson @ci.college - station.tx.us SUBJECT: REPLAT - RESIDENTIAL for UNIVERSITY PRESERVE Item: Public hearing, discussion and possible action on a variance request to Section 18 of the City's Subdivision Regulations and a Replat for University Preserve Subdivision consisting of 35 residential lots on 11.5 acres generally located along the east side of Munson Avenue, north of the Dominik intersection. (03- 00500095) Applicant: Switzer Deason, Developer Staff Recommendations: Plat does not meet minimum Subdivision regulations, as required. Staff recommends denial of the proposed replat. Item Summary: This item is for consideration of a Replat for a portion of the University Preserve Subdivision which is currently zoned R -1 Single Family Residential. The replat also includes a variance request to the Subdivision Regulations, Section 18, Platting and Replatting within Older Residential Subdivisions. The Developer wishes to decrease the size of the existing lots and therefore increase the total number of lots in the subdivision. Mr. Deason has requested a variance to a portion of Section 18 of the Subdivision Regulations. The replat meets the required 8,500 square foot minimum lot area required in Section 18, however, it does not meet the required contextual minimum lot width of 113 -ft. Please see excerpt from previous Staff Report included with this report. Section 18 of the Ordinance has been included below. SECTION 18: PLATTING AND REPLATTING WITHIN OLDER RESIDENTIAL SUBDIVISIONS 18 -A. This section applies to all property in which any portion of that property meets the following criteria: 18 -A.1 Any portion of the property is currently zoned or developed for single family residential uses as of January 1, 2002 with the exception of NG -1, NG -2 and NG- 3 zoning districts; and, 18 -A.2 The subject property is part of a lot or building plot that was created prior to July 15, 1970. This also includes lots that may have been vacated or replatted after July 15, 1970 but where the original plat predates July 15, 1970. 18 -13. In addition to the other provisions of this ordinance, no plat, replat, vacating and resubdividing plat or other plat intended to provide for the resubdivision of an existing lot or lots in a residential subdivision may be approved unless: 18 -6.1 The plat does not create an additional lot or building plot. 18 -6.2 A plat which does create an additional lot or building plot must meet or exceed the average width of the lots along the street frontage, for all lots in the block and contain at least 8,500 square feet of space for each dwelling unit. For the purpose of this section, a lot shall be defined to include the lot, lots and /or portions of lots that have been combined and used as a residential plot, as of the effective date of this ordinance. The Planning and Zoning Commission has the authority to grant a variance to the Subdivision Regulations under specific circumstances. In order to approve this replat, the Commission must first grant the variance request in accordance with the following excerpt from the Subdivision Regulations regarding variances: SECTION 5: VARIANCES 55 = A The Commission may authorize a variance from the regulation when, in their opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Commission shall prescribe only conditions that it deems not prejudicial to the public interest. In making the findings hereinbefore required, the Commission shall take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, the possibility that a nuisance will be created, and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No variance shall be granted unless the Commission finds: 5 -A.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; 5 -A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 5 -A.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 5 -A.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. 55 = 6 Such findings of the Commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the meetings at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that public health, safety, and welfare may be secured and substantial justice done. Staff recommends denial of the proposed replat based on the fact that all minimum requirements of the Subdivision Regulations are not met. If the Commission authorizes a variance to the requirements of Section 18, then all minimum requirements are met and the Commission may approve the replat. Comprehensive Plan Consideration Land Use Plan: The City's Comprehensive Plan shows this area as Single- family residential, low- density. Low density is defined as 0.5 to 3 acres per dwelling unit. The previous replat of this property was in compliance with the Comp Plan at approximately 0.54 acres per dwelling unit. However, this replat request would not be in compliance at approximately 0.33 acres per dwelling unit. The R -1 zoning classification allows for a much higher density. Parkland Dedication: Any newly created lots will be required to pay parkland dedication and development fees. Budgetary & Financial Summary: None Attachments: 1. Area map 2. Application with letter addressing variance request. 3. Staff Report dated June 20, 2002. 4. Responses to replat/ variance request from public NOTIFICATION: Legal Notice Publication(s): The Eagle; 4 -29 -03 Advertised Commission Hearing Dates(s): 5 -8 -03 Number of Notices Mailed: 59 Public Response Received: Several inquiries and requests for additional information. Written statements are included with this report. AGENDA Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS CITY HALL COUNCIL CHAMBERS 1101 Texas Avenue May 15, 2003 7:00 P.M. Hear Citizens At this rime, the Chairman will open the floor to citizens wishing to address the Commission on planning and zoning issues not already scheduled on tonight's agenda. The citizen presentations will be limited to three minutes in order to accommodate everyone who wishes to address the Commission and to allow adequate time for completion of the agenda items. The Commission will receive the information, ask city staff to look into the matter, or will place the matter on a future agenda for discussion. (A recording is made of the meeting; please give your name and address for the record.) 2. Public Comment for the Record At this time, the Chairman will open the floor to citizens wishing to address the Commission on consent and regular agenda items that are not scheduled for a public hearing. This does not include items where hearings have been previously held The citizen presentations will be limited to three minutes in order to accommodate everyone who wishes to address the Commission and to allow adequate time for completion of the agenda items. The Commission will receive the information and it will be added to the public record. (A recording is made of the meeting; please give your name and address for the record.) Public Comment on the Unified Development Ordinance (UDO). At this time, the Chairman will open the floor to citizens wishing to address the Commission on the recently adopted Unified Development Ordinance. The citizen comments will be limited to three minutes in order to accommodate everyone who wishes to address the Commission and to allow adequate time for completion of the agenda items. The Commission will receive the information and it will be added to the public record (A recording is made of the meeting; please give your name and address for the record.) All matters listed under Item 3, Consent Agenda, are considered to be routine by the Planning and Zoning Commission and will be enacted by one motion. These items include preliminary and final plats, where staff has found compliance with all minimum subdivision regulations. All items approved by Consent are approved with any and all staff recommendations. There will not be separate discussion of these items. If any Commissioner desires to discuss an item on the Consent Agenda it will be moved to the Regular Agenda for further consideration. 4. Consent Agenda 4.1 Consideration, discussion and possible action on the Minutes for the Regular Meeting held on April 17, 2003. 4.2 Consideration, discussion and possible action on the Minutes for the Regular Meeting held on May 1, 2003. 4.3. Consideration discussion and possible action on a Final Plat for Buchanan Estates consisting of 2 lots on 10.86 acres located at 2201 and 2221 Emerald Parkway. (03 -89) 4.4 Consideration, discussion and possible action on a Final Plat for Westfield Addition Phase 2B consisting of 11 lots on 2.40 acres located on Meadow View Drive at Graham Road (03 -103) Regular Agenda Consideration, discussion and possible action of request(s) for absence from meetings. This building is wheelchair accessible. Handicapped parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call 409 -764 -3517 or (TDD) 1- 800 - 735 -2989. Agendas posted on Internet Website http:// devservices .ci.college- station.tx.us and Cable Access Channel 19. 6. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. 7. Public hearing discussion and possible action on a Replat of the Henton Subdivision, Lots 1 and 2 and One Lincoln Place, Lot 2, consisting of 13.31 acres located at 900 and 1010 University Drive, approximately 1100 feet west of the intersection of Lincoln Avenue. (03 -99) 8. Public hearing discussion and possible action on a Replat for Lot 2, Block I of the Gateway Subdivision consisting of 5 lots on 3.391 acres located at 1711 University Drive East. (03 -102) 9. Public hearing discussion and possible action on a Replat for Benjamin Graham Subdivision, Lot 1, consisting of 3 lots located on Koppe Bridge Road in the City's ETJ. (03 -98) 10. Public hearing discussion and possible action on a Replat for Lot 17, Block 1 of the Emerald Forest Subdivision Phase II consisting of 1 lot on .46 acres located at 8623 Rosewood. (03 -97) 11. Consideration, discussion and possible action on a Preliminary Plat for Reatta Meadows Subdivision consisting of 161 lots on 38.56 acres located at 2201 Barron Road. (03 -86) 12. Public hearing discussion and possible action on a variance request to Section 18 of the City's Subdivision Regulations and a Replat for University Preserve Subdivision consisting of 3 residential lots on 11.52 acres generally located along the east side of Munson Avenue, north of the Dominik intersection. (03 -95) 13. Public hearing discussion and possible action on a Conditional Use Permit for a wireless telecommunication facility located at 1361 Earl Rudder Freeway South. (03 -08) 14. Public hearing, discussion and possible action on a Rezoning for Tract 9 of the Kenneth W. Schick property consisting of 9.62 acres located at 100 Southwest Parkway, on the corner of Southwest Parkway and Wellborn Road, from C -1 General Commercial to R -4 Apartment/Low Density. (03 -93) 15. Public hearing discussion and possible action on a Rezoning to amend the concept plan and other elements of the PDD- H, Planned Development - Housing for 7.15 acres in the proposed Westfield Village Phase 6, located east of the future Victoria extension, south of Westfield and north of Westfield Village Phase 1. (03 -96) 16. Public hearing discussion and possible action on a Zoning Ordinance Amendment for the Wolf Pen Creek Zoning District to better define the minimum reservation for the upstream portion of the corridor. (03 -105) 17. Discussion of future agenda items. 18. Adjourn. Consultation with Attorney {Gov't Code Section 551.0711 ; possible action. The Planning and Zoning Commission may seek advice from its attorney regarding a pending and contemplated litigation subject or attorney - client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attorney- client privileged information issues arise as to the posted subject matter of this Planning and Zoning Commission meeting, an executive session will be held. MEMORANDUM May 6, 2003 TO: Planning and Zoning Commission FROM: Spencer Thompson Email: sthompson @ci.college- station.tx.us SUBJECT: REPLAT - RESIDENTIAL for UNIVERSITY PRESERVE Item: Public hearing, discussion and possible action on a variance request to Section 18 of the City's Subdivision Regulations and a Replat for University Preserve Subdivision consisting of 35 residential lots on 11.5 acres generally located along the east side of Munson Avenue, north of the Dominik intersection. (03- 00500095) Applicant: Switzer Deason, Developer Staff Recommendations: Plat does not meet minimum Subdivision regulations, as required. Staff recommends denial of the proposed replat. Item Summary: This item is for consideration of a Replat for a portion of the University Preserve Subdivision which is currently zoned R -1 Single Family Residential. The replat also includes a variance request to the Subdivision Regulations, Section 18, Platting and Replatting within Older Residential Subdivisions. The Developer wishes to decrease the size of the existing lots and therefore increase the total number of lots in the subdivision. Mr. Deason has requested a variance to a portion of Section 18 of the Subdivision Regulations. The replat meets the required 8,500 square foot minimum lot area required in Section 18, however, it does not meet the required contextual minimum lot width of 113 -ft. Please see excerpt from previous Staff Report included with this report. Section 18 of the Ordinance has been included below. SECTION 18: PLATTING AND REPLATTING WITHIN OLDER RESIDENTIAL SUBDIVISIONS 18 -A. This section applies to all property in which any portion of that property meets the following criteria: 18 -A.1 Any portion of the property is currently zoned or developed for single family residential uses as of January 1, 2002 with the exception of NG -1, NG -2 and NG- 3 zoning districts; and, 18 -A.2 The subject property is part of a lot or building plot that was created prior to July 15, 1970. This also includes lots that may have been vacated or replatted after July 15, 1970 but where the original plat predates July 15, 1970. 18 -13. In addition to the other provisions of this ordinance, no plat, replat, vacating and resubdividing plat or other plat intended to provide for the resubdivision of an existing lot or lots in a residential subdivision may be approved unless: 18 -B.1 The plat does not create an additional lot or building plot. 18 -13.2 A plat which does create an additional lot or building plot must meet or exceed the average width of the lots along the street frontage, for all lots in the block and contain at least 8,500 square feet of space for each dwelling unit. For the purpose of this section, a lot shall be defined to include the lot, lots and /or portions of lots that have been combined and used as a residential plot, as of the effective date of this ordinance. The Planning and Zoning Commission has the authority to grant a variance to the Subdivision Regulations under specific circumstances. In order to approve this replat, the Commission must first grant the variance request in accordance with the following excerpt from the Subdivision Regulations regarding variances: SECTION 5: VARIANCES 55 = A The Commission may authorize a variance from the regulation when, in their opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Commission shall prescribe only conditions that it deems not prejudicial to the public interest. In making the findings hereinbefore required, the Commission shall take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, the possibility that a nuisance will be created, and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No variance shall be granted unless the Commission finds: 5 -A.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; 5 -A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 5 -A.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 5 -A.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. 55 = 13 Such findings of the Commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the meetings at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that public health, safety, and welfare may be secured and substantial justice done. Staff recommends denial of the proposed replat based on the fact that all minimum requirements of the Subdivision Regulations are not met. If the Commission authorizes a variance to the requirements of Section 18, then all minimum requirements are met and the Commission may approve the replat. Comprehensive Plan Consideration Land Use Plan: The City's Comprehensive Plan shows this area as Single- family residential, low- density. Low density is defined as 0.5 to 3 acres per dwelling unit. The previous replat of this property was in compliance with the Comp Plan at approximately 0.54 acres per dwelling unit. However, this replat request would not be in compliance at approximately 0.33 acres per dwelling unit. The R -1 zoning classification allows for a much higher density. Parkland Dedication: Any newly created lots will be required to pay parkland dedication and development fees. Budgetary & Financial Summary: None Attachments: 1. Area map 2. Application with letter addressing variance request. 3. Staff Report dated June 20, 2002. 4. Responses to replat/ variance request from public NOTIFICATION: Legal Notice Publication(s): The Eagle; 4 -29 -03 Advertised Commission Hearing Dates(s): 5 -8 -03 Number of Notices Mailed: 59 Public Response Received: Several inquiries and requests for additional information. Written statements are included with this report. MEMORANDUM May 6, 2003 TO: Planning and Zoning Commission FROM: Spencer Thompson Email: sthompson @ci.college - station.tx.us SUBJECT: REPLAT - RESIDENTIAL for UNIVERSITY PRESERVE Item: Public hearing, discussion and possible action on a variance request to Section 18 of the City's Subdivision Regulations and a Replat for University Preserve Subdivision consisting of 35 residential lots on 11.5 acres generally located along the east side of Munson Avenue, north of the Dominik intersection. (03- 00500095) Applicant: Switzer Deason, Developer Staff Recommendations: Plat does not meet minimum Subdivision regulations, as required. Staff recommends denial of the proposed replat. Item Summary: This item is for consideration of a Replat for a portion of the University Preserve Subdivision which is currently zoned R -1 Single Family Residential. The replat also includes a variance request to the Subdivision Regulations, Section 18, Platting and Replatting within Older Residential Subdivisions. The Developer wishes to decrease the size of the existing lots and therefore increase the total number of lots in the subdivision. Mr. Deason has requested a variance to a portion of Section 18 of the Subdivision Regulations. The replat meets the required 8,500 square foot minimum lot area required in Section 18, however, it does not meet the required contextual minimum lot width of 113 -ft. Please see excerpt from previous Staff Report included with this report. Section 18 of the Ordinance has been included below. SECTION 18: PLATTING AND REPLATTING WITHIN OLDER RESIDENTIAL SUBDIVISIONS 18 -A. This section applies to all property in which any portion of that property meets the following criteria: 18 -A.1 Any portion of the property is currently zoned or developed for single family residential uses as of January 1, 2002 with the exception of NG -1, NG -2 and NG- 3 zoning districts; and, 18 -A.2 The subject property is part of a lot or building plot that was created prior to July 15, 1970. This also includes lots that may have been vacated or replatted after July 15, 1970 but where the original plat predates July 15, 1970. 18 -13. In addition to the other provisions of this ordinance, no plat, replat, vacating and resubdividing plat or other plat intended to provide for the resubdivision of an existing lot or lots in a residential subdivision may be approved unless: 18 -6.1 The plat does not create an additional lot or building plot. 18 -13.2 A plat which does create an additional lot or building plot must meet or exceed the average width of the lots along the street frontage, for all lots in the block and contain at least 8,500 square feet of space for each dwelling unit. For the purpose of this section, a lot shall be defined to include the lot, lots and /or portions of lots that have been combined and used as a residential plot, as of the effective date of this ordinance. The Planning and Zoning Commission has the authority to grant a variance to the Subdivision Regulations under specific circumstances. In order to approve this replat, the Commission must first grant the variance request in accordance with the following excerpt from the Subdivision Regulations regarding variances: SECTION 5: VARIANCES 5_A The Commission may authorize a variance from the regulation when, in their opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Commission shall prescribe only conditions that it deems not prejudicial to the public interest. In making the findings hereinbefore required, the Commission shall take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, the possibility that a nuisance will be created, and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No variance shall be granted unless the Commission finds: 5 -A.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; 5 -A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 5 -A.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 5 -A.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. 55_13 Such findings of the Commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the meetings at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that public health, safety, and welfare may be secured and substantial justice done. Staff recommends denial of the proposed replat based on the fact that all minimum requirements of the Subdivision Regulations are not met. If the Commission authorizes a variance to the requirements of Section 18, then all minimum requirements are met and the Commission may approve the replat. Comprehensive Plan Consideration Land Use Plan: The City's Comprehensive Plan shows this area as Single- family residential, low- density. Low density is defined as 0.5 to 3 acres per dwelling unit. The previous replat of this property was in compliance with the Comp Plan at approximately 0.54 acres per dwelling unit. However, this replat request would not be in compliance at approximately 0.33 acres per dwelling unit. The R -1 zoning classification allows for a much higher density. Parkland Dedication: Any newly created lots will be required to pay parkland dedication and development fees. Budgetary & Financial Summary: None Attachments: 1. Area map 2. Application with letter addressing variance request. 3. Staff Report dated June 20, 2002. 4. Responses to replat/ variance request from public NOTIFICATION: Legal Notice Publication(s): The Eagle; 4 -29 -03 Advertised Commission Hearing Dates(s): 5 -8 -03 Number of Notices Mailed: 59 Public Response Received: Several inquiries and requests for additional information. Written statements are included with this report.