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Title:
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Consider/Discuss/Act on the Request by The British Builder for Approval of an Amending Plat for Lot 1, Block A, of the Goodall Addition, Approximately 0.17 Acres, Located on the East Side of Oak Street and Approximately 150 Feet South of Hunt Street.
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Title
Consider/Discuss/Act on the Request by The British Builder for Approval of an Amending Plat for Lot 1, Block A, of the Goodall Addition, Approximately 0.17 Acres, Located on the East Side of Oak Street and Approximately 150 Feet South of Hunt Street.
Summary
MEETING DATE: December 15, 2009
DEPARTMENT: Development Services
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 102-105 (Improvements) of the Subdivision Ordinance to eliminate the required dedication of right-of-way.
BOARD OR COMMISSION RECOMMENDATION:
· The proposed amending 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.
· On October 28, 2009, the Board of Adjustment approved several variances to the Zoning Ordinance for the subject property. Reductions in the minimum lot depth from 100 feet to 67 feet, front yard setbacks from 25 feet to 10 feet, and rear yard setbacks from 25 feet to 20 feet were allowed in order for the subject property to be platted without the necessity for an associated rezoning request.
ITEM SUMMARY:
· The applicant is proposing to combine two residential lots located on Oak Street between Virginia Street and Hunt Street into one residential lot (approximately 0.17 acres). Both of the lots are part of the McKinney Outlots. Lot 571B has a lot depth of approximately 67 feet.
· While the Director of Planning has the authority to approve amending plats, this amending plat requires variances to the Subdivision Ordinance which require 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 Outlots 571B and 574B. The amending plat proposes to combine the two tracts into Lot 1, Block A of the Goodall Addition. The applicant will be required to file the plat with the Collin County Clerk, prior to issuance of a building permit.
SURROUNDING ZONING AND LAND USES:
· Subject Property: “RD 30” - Duplex Residence District (single family residential uses)
· North “RD 30” - Duplex Residence District (single family residential uses) Single Family Detached Residence
· South “RD 30” - Duplex Residence District (single family residential uses) Single Family Detached Residence
· East “RD 30” - Duplex Residence District (single family residential uses) Single Family Detached Residences
· West “RD 30” - Duplex Residence District (single family residential uses) Single Family Detached Residence
· Discussion: The proposed residence is an allowed use on the subject property per the governing “RD 30” - Duplex Residence District. The proposed lot did not conform to the minimum size requirements of the governing zoning district. Therefore, on October 28, 2009, the Zoning Board of Adjustment granted variances to the minimum lot depth, minimum front yard setback and minimum rear yard setback in order for the proposed lot to be developed.
ACCESS/CIRCULATION:
· Adjacent Street: Oak Street, 36 Foot Right-of-Way, 2 Lane Residential Street
· The subject property currently has access to Oak Street, between Virginia Street and Hunt Street. Oak Street is shown to have a right-of-way width of approximately 36 feet. The Engineering Department has no plans to widen or further improve this street at any time in the foreseeable future and as such, is not requesting any additional right-of-way dedications along this segment of Oak Street.
· The applicant has requested approval of the following variance to the requirements of the Subdivision Ordinance:
o 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 (Oak Street) remain in its current configuration of approximately 36 feet of right-of-way width and approximately 20 feet width of paving.
· 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 seven feet of right-of-way along Oak Street, further reducing the depth of the proposed lot. The Zoning Board of Adjustment has already approved a variance to allow a reduction in the required lot depth from 100 feet to the 67 feet shown on the proposed amending plat.
· The Engineering Department has determined that Oak Street will not be improved by the City in the foreseeable future and as such, is not requesting any additional right-of-way dedications along Oak Street. In addition, the number and volume of traffic is such that the current configuration is adequate for the needs of the residents and no additional right-of-way dedication is needed.
· Since the Engineering Department has determined that no additional right-of-way is needed for Oak 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:
· Amending plats do not trigger the requirements for public improvements, only required dedications. As such, there are no required public improvements associated with this plat.
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: Applicable (Ordinance No. 2008-10-173)
· Utility Impact Fees: Applicable (Ordinance No. 2008-10-174)
· Median Landscape Fees: Not Applicable
· Park Land Dedication Fees: Not Applicable
· Pro-Rata: As determined by the City Engineer
OPPOSITION TO OR SUPPORT OF REQUEST:
· Staff has not received any comments either in opposition to or in support of the proposed amending plat.