Title
Conduct a Public Hearing to Consider/Discuss/Act on the Request by Rockbrook Development, L.L.C., for Approval of a Preliminary-Final Replat for Lots 1-4, Block A, of the Rose Addition, Approximately 0.16 Acres, Located on the Northeast Corner of Tennessee Street and Walnut Street.
Summary
MEETING DATE: February 21, 2012
DEPARTMENT: Planning
CONTACT: Michael Quint, Senior Planner
RECOMMENDED CITY COUNCIL ACTION: Staff recommends approval of the proposed preliminary-final replat with the following conditions:
1. The applicant satisfy the conditions as shown on the Standard Conditions for Preliminary-Final Replat Approval Checklist, attached.
2. The applicant receive approval of a variance to Section 142-105 of the Subdivision Ordinance waiving the requirement to construct portions of Walnut Street located adjacent to the subject property.
3. The applicant receive approval of a variance to Section 142-105 of the Subdivision Ordinance reducing applicable storm water detention requirements.
Prior to filing the plat for record:
4. The applicant revise the plat to provide a notation indicating that the proposed common area will be owned and maintained by a homeowners’ association.
5. The applicant revise the plat by labeling Common Area A-1 as a drainage easement.
The applicant is also requesting approval of the variances indicated below. Staff recommends denial of these variances.
1. The applicant receive approval of a variance to Section 142-157 of the Subdivision Ordinance waiving the requirement to dedicate park land or pay cash in lieu of a park land dedication.
ITEM SUMMARY:
• The applicant is proposing to subdivide approximately 7,023 square feet of land into four attached single family residential lots, located on the northeast corner of Tennessee Street and Walnut Street.
• Typically, preliminary-final replats are considered by the Planning and Zoning Commission. This preliminary-final replat has bypassed the Planning and Zoning Commission and is being considered by the City Council instead because the applicant has requested several variances to requirements of the Subdivision Ordinance. Per the Subdivision Ordinance, only the City Council can grant a variance.
• This item was previously considered at the February 7, 2012 City Council meeting. At that time, the City Council voted to continue the public hearing and table the item to the February 21, 2012 City Council meeting in order to give the applicant additional time to work through the storm water detention issues on the subject property with the Engineering Department.
• After meeting with the applicant subsequent to the February 7, 2012 City Council meeting, the Engineering Department and the applicant agreed to several concessions (detailed in the attached “Engineering Agreement Letter) that will better address the storm water detention on the property. While the exact requirements of the ordinance are not being satisfied and a variance is still necessary, the Engineering Department is comfortable that the intent of the ordinance has been addressed and is now comfortable supporting a variance to Section 142-105 of the Subdivision Ordinance reducing applicable storm water detention requirements.
• Furthermore, with minimal financial assistance from the City (City will provide $2,000 to construct a manhole), the applicant has agreed to install a 6” sanitary sewer line rather than the 4” inch line as originally requested. As such, no variance to Section 142-105 of the Subdivision Ordinance to allow a 4” sanitary sewer line to serve the proposed lots is required.
• The applicant is still requesting a variance to Section 142-157 of the Subdivision Ordinance waiving the requirement to dedicate park land or pay cash in lieu of a park land dedication.
BACKGROUND INFORMATION:
• See the attached staff report.
SPECIAL CONSIDERATIONS:
• See the attached staff report.
FINANCIAL SUMMARY:
• See the attached staff report.
BOARD OR COMMISSION RECOMMENDATION:
• The proposed preliminary-final replat has not been considered by another board or commission.