Title
Consider/Discuss/Act on the Request by The Bungalow Company, for Approval of an Amending Plat for Lots 1-2, Block A, of the Craftsman Addition, Approximately 0.38 Acres, Located on the West Side of Kentucky Street and Approximately 150 Feet North of Walker Street.
Summary
MEETING DATE: January 5, 2010 - Regular Meeting
DEPARTMENT: Development Services - Planning
CONTACT: Brooks Wilson, AICP, Planner
RECOMMENDED CITY COUNCIL ACTION: Staff recommends approval of the proposed amending plat, with the following conditions:
The applicant satisfy the conditions as shown on the Standard Conditions for Amending Plat Approval Checklist, attached.
The applicant receive approval of a variance to the Section 142-105 (Improvements) of the Subdivision Ordinance to allow an atypical street section for Wood Street.
Prior to filing the plat for recordation:
The applicant revise the plat by removing all references to a minor replat and replace them with the verbiage “amending plat.”
The applicant revise the plat by showing the existing lot’s property lines in a ghosted line type.
The applicant revise the plat by removing the setback lines.
The applicant revise the plat by replacing the word “four” with “two” in the purpose statement.
BOARD OR COMMISSION RECOMMENDATION:
· The proposed plat has not been considered by the Planning and Zoning Commission. In accordance with Section 142-8 (Variances and Appeals) of the Subdivision Ordinance, variance requests are not required to be considered by the Planning and Zoning Commission prior to being considered by the City Council.
APPLICATION SUBMITTAL DATES:
· August 24, 2009 (Original Submittal)
· September 4, 2009 (Revised Submittal)
· November 16, 2009 (Revised Submittal)
ITEM SUMMARY:
· The applicant is proposing to reconfigure the lot line for two lots located between Kentucky Street and Wood Street (approximately 0.38 acres).
· While Staff has the authority to approve amending plats, this plat requires variances to the Subdivision Ordinance which necessitates that the plat be approved by the City Council. The variances to the Subdivision Ordinance that are necessary for the development of the subject property as shown on the proposed plat are discussed in more depth below.
· The City Council has the authority to grant variances as outlined in the Subdivision Ordinance, such as when there are special circumstances or conditions affecting the property in question, enforcement would deprive the applicant of a substantial property right, or that the variance, if granted, will not be detrimental to the public welfare. Pecuniary interests standing alone shall not be justification for granting a variance.
PLATTING STATUS:
· The subject property is currently platted as McKinney Original Donation Block 84, Lots 253A and 252B. The plat proposes to reconfigure the lots into Lots 1 and 2, Block A of the Craftsman Addition. Because the existing configuration of Lot 252B is such that a building could be built on it, a single building permit may be issued for the proposed development if all applicable development standards may be satisfied. Prior to the issuance of a second building permit for the subject property, the proposed plat must be filed for record with the Collin County Clerk.
SURROUNDING ZONING AND LAND USES:
· Subject Property: “PD” - Planned Development District Ordinance No. 2009-10-073 and “H” - Historic Preservation Overlay District (residential uses)
· North “PD” - Planned Development District No. 2004-10-113 (commercial uses) and “H” - Historic Preservation Overlay District Single Family Residences
· South “BG” - General Business District; “BN” - Neighborhood Business District; and “H” - Historic Preservation Overlay District KSA Signs, Collin County Hispanic Chamber of Commerce, and Community Lifeline Center
· East “BN” - Neighborhood Business District Single Family Residences
· West “RD 30” - Duplex Residence District (residential uses) and “H” - Historic Preservation Overlay District Single Family Residences
· Discussion:
o On October 6, 2009, the City Council approved a rezoning request for the subject property. The subject property was rezoned from “BN” - Neighborhood Business and “H” - Historic Preservation Overlay District to “RS 60” - Single Family Residence District and “H” - Historic Preservation Overlay District regulations, generally to allow for a reduction in the setbacks and minimum lot size.
o The proposed residences are an allowed use on the subject property per the governing zoning ordinance. The proposed lots meet the minimum size requirements of the governing zoning district and a note stating the same has been provided on the plat.
ACCESS/CIRCULATION:
· Adjacent Streets: Kentucky Street, 60 Foot Right-of-Way, 2 Lane Residential Street Wood Street, 27 Foot Right-of-Way, 2 Lane Residential Street
· Discussion:
o Proposed Lot 1 has frontage on Kentucky Street and proposed Lot 2 has frontage on Wood Street. The proposed lots have been provided with adequate access to an existing street by frontage on such street, as required by the Subdivision Ordinance.
o The applicant has requested approval of a variance to the Section 102-105 (Improvements) of the Subdivision Ordinance to eliminate the required dedication of right-of-way.
· The applicant is proposing that the street adjacent to the subject property (Wood Street) remain in its current configuration of approximately 27 feet of right-of-way width and approximately 21 feet width of paving. The City recently improved Wood Street to its current configuration as part of the Infrastructure Initiative Project.
· The minimum street section shown in the Street Design Manual is R2U (Residential, 2 Lanes, Undivided) with a 50 foot right-of-way width and approximately 26 feet of paving. The function of this type of roadway is to provide access to residential lots. To adhere to the requirements of the Subdivision Ordinance and Street Design Standards, the applicant would be required to dedicate approximately 11.5 feet of right-of-way along Wood Street. The Engineering Department has determined that Wood Street will not be further improved by the City in the foreseeable future and as such, is not requesting any additional right-of-way dedications along Wood Street.
· Since the Engineering Department has determined that no additional right-of-way is needed for Wood Street, Staff is comfortable recommending approval of the requested variance to the requirements of the Subdivision Ordinance.
TREE PRESERVATION ORDINANCE:
· The applicant will be responsible for complying with the Tree Preservation Ordinance, and for submittal of a tree survey or tree preservation plan, as determined by the City Arborist. The applicant will be responsible for applying for all necessary permits for any tree removal that is to occur on site.
PUBLIC IMPROVEMENTS:
· Sidewalks: Not Required
· Hike and Bike Trails: Not Required
· Road Improvements: Not Required
· Utilities: Not Required
· Discussion: Amending plats do not trigger the requirements for public improvements.
DRAINAGE:
· The applicant will be responsible for all drainage associated with the subject property, and for compliance with the Storm Water Ordinance, which may require on-site detention. Grading and drainage plans are subject to review and approval by the City Engineer, prior to issuance of a building permit.
FEES:
· Roadway Impact Fees: Not Applicable
· Utility Impact Fees: Not Applicable
· Median Landscape Fees: Not Applicable
· Park Land Dedication Fees: Not Applicable
· Pro-Rata: As determined by the City Engineer
MISCELLANEOUS:
· During the review of this plat, there was some confusion as to whether the subject property consisted of a single lot which would make the proposed plat a minor replat or a single lot which would make the proposed plat an amending plat. It was determined that the proposed plat should be an amending plat and as such staff recommends the applicant revise the plat by removing all references to a minor replat and replace them with the verbiage “amending plat.”
· The subject property currently consists of two outlots but this existing lot configuration is not reflected on the proposed plat. Staff recommends the applicant revise the plat by showing the existing lot’s property lines in a ghosted line type.
· The proposed plat reflects building setback lines. Setback lines are not shown on plat in the City of McKinney because of possible conflicts with applicable zoning regulations. Staff recommends the applicant revise the plat by removing the setback lines.
· The proposed plat used to reference a proposal for four residential lots and has since been revised to reflect only two lots. Staff recommends the applicant revise the plat by replacing the word “four” with “two” in the purpose statement.
OPPOSITION TO OR SUPPORT OF REQUEST:
· Staff has not received any comments either in opposition to or in support of the proposed amending plat.