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HomeMy WebLinkAboutStaff Report STAFF REPORT Project Manager: Jennifer Reeves Report Date: December 19, 2005 Email: jreeves@cstx.gov Meeting Date: January 5, 2006 Item: Presentation, possible action and discussion on a Variance Request to the Subdivision Regulations Section 8.J.2 Block Length, and on a Preliminary Plat for the Castlerock Subdivision consisting of 295 lots on 76.65 acres, generally located north of Castlegate Subdivision along the east side of State Highway 40. Applicant: DDH Investments, property owner Staff Recommendations: If the Commission is in support of granting the variance to the minimum block length of 1,200 feet, which is regulated by Section 8.J.2 of the Subdivision Regulations, then staff recommends approval of the preliminary plat with a variance. The variance to the block length requirement is proposed for blocks 1 & 10. As justification the applicant states that: "The Castlerock Subdivision cannot connect to the adjacent property except in one location, the extension of Castlerock Parkway to the west. The adjacent property is either a Conservation Zone or Deed Restricted area. This property, per the CORPS of Engineers (COE) permit, cannot be developed because it serves as the mitigation area for impacts to the wetlands, riparian areas and Navasota Ladies Tresses due to the development of the Crowley tract". It appears that there will be a greenbelt to break up the blocks into separate sections that are less than 1,200 feet; therefore, staff is in support of this plat as submitted if the Commission is in favor of granting the variance to the block length. 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 herein before 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. 5-B 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. Item Summary: The applicant is proposing to develop 295 lots on approximately 76.6 acres. The property is located north of Castlegate Subdivision along the east side of State Highway 40. The proposed lots are approximatley 0.16 of an acre and will have access onto residential streets. Secondary emergency access is proposed on State Highway 40 until Castlerock Parkway is extended with development of the adjacent property. Castlerock Parkway is classified as a minor collector on the City's Thoroughfare Plan. This development is located in impact fee area 97-01. Current fee for this area is $349.55 per living unit equivalent (LUE). Comprehensive Plan Considerations: The subject property is shown on the Land Use Plan as Single Family Medium Density. The applicant has proposed 295 residential lots on 76.662 acres (3.85 dwelling units/acre) with approximately 3.5 acres of buffers, 3 acres of greenbelt, and 5.9 acres of park area. The preliminary plat meets the density standards of the Comprehensive Plan. The plat also meets the Concept Plan adopted by the DRB. All minimum standards are those of R-1 Single Family Residential, except where meritorious modifications for building setbacks and lot widths were approved with the concept plan. The DRB does not have the authority to grant subdivision variances, but recommend the block length variance be granted by the P&Z. Item Background: The subject property was annexed into the City limits in April of 1995 and is currently zoned Planned Development District (PDD). Budgetary & Financial Summary: None requested. Related Advisory Board Recommendations: The Parks Board recommended to accept park land dedication of 5.863 acres. A 1.5-acre portion was dedicated with the Spring Creek Townhome development. The associated development fee for the 1.5 acres was also previously accepted in the amount of $105,610. The actual park land to be dedicated with this development is a total of 4.363 acres, which is adjacent to the 1.5-acre parcel. While the DRB has no authority over Subdivision variances, they did recommend approval of the block length variance at their October meeting, when they considered the Concept Plan for the development. Supporting Materials: 1. Location Map 2. Aerial Map 3. Application 4. Infrastructure and Facilities 5. Copy of Preliminary Plat 6. Variance Request Letter INFRASTRUCTURE AND FACILITIES Water required for plat: Each lot is required to have public water service, as shown on the plat. A looped system will be extended from an existing 24-inch water in State Highway 40 ROW. Water Service: Water to be provided to each structure, as required. Sewer required for plat: Each lot is required to have public sewer service, as shown on the plat. Sewer service will be extended from existing 18-inch and 21- inch mains located along the northwest boundary of the property. Sewer Service: Sewer to be provided to each structure, as required. Street(s) required for plat: All streets shown on plat are required for this subdivision. Castlerock Parkway is a Minor Collector on the City's Thoroughfare Plan. Streets/Access: Secondary Emergency Access is proposed off State Highway 40 until Castlerock Parkway is extended with the development of the adjacent property. Off-site Easements required for plat: None required at this time. Drainage: Drainage will be to Spring Creek. A regional detention pond was constructed to offset post-development drainage impacts to downstream areas. Flood Plain: The 100-year floodplain within this subdivision does not affect any of the proposed lots. Oversize request: None requested at this time. Impact Fees: The development is located within the Spring Creek Sanitary Sewer Impact Fee Area 97-01. Currently, the impact fee is $349.55 per living unit equivalent. Parkland Dedication Fees: The Parks Board recommended to accept park land dedication of 5.863 acres. A 1.5-acre portion was dedicated with the Spring Creek Townhome development. The associated development fee for the 1.5 acres was also previously accepted in the amount of $105,610. The actual park land to be dedicated with this development is a total of 4.363 acres, which is adjacent to the 1.5 acre parcel. Castlerock Subdivision Preliminary Plat Justification for Variance Section 8-J.2-Blocks This section requires that block length shall not exceed 1,200'in single-family subdivisions. The Developer requests a variance to this requirement. 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; The special circumstance for Blocks 1 & 10 is that the Castlerock Subdivision cannot connect to the adjacent property except in one location, the extension of Castlerock Parkway to the west. The adjacent property is either a Conservation Zone or Deed Restricted Area. This property, per the Corps of Engineers (COE)permit, cannot be developed because it serves as the mitigation area for the impacts to wetlands, riparian areas and Navasota Ladies Tresses due to the development of the Crowley Tract. A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; In order to develop the Subdivision as planned this variance is necessary. 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; Granting this variance should not have any effect on the public health, safety, or welfare, or injurious to other property in the area since the lengths of Blocks 1 8410 do not exceed the maximum length requirement if you consider that the greenbelts break up the blocks into separate sections, which are less than 1,200 in length. Additional connecting streets through Blocks 1 & 10 to extend into the adjacent property would not be allowed by the COE. 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. The adjacent land will not be developed except for recreational uses. The granting of this variance will not prevent the orderly subdivision of other land in the area. 1015-0 Rt Castlerock Subdivision Preliminary Plat Requested Variances to Subdivision Regulations REQUESTED VARIANCES TO SUBDIVISION REGULATIONS &REASON FOR SAME: Section 8-J.2—Block Length This section requires that block length shall not exceed 1,200'in single-family residential subdivisions. The Developer requests a variance to this requirement to allow the block length to be increased to greater than 1,200'for Blocks 1 & 10. The length of each block as shown on the Preliminary Plat is as follows: Block 1 — 1,890' Greenbelt accessways (Common Areas)break the block into 1,075'and 815'sections. Block 10— 1,510' Greenbelt accessways (Common Areas)break the block into 75', 1,090'and 345'sections.