To: Mark Hafner, City Manager
From: Julie Smith, Community Development Director
Subject:
Title
Consider a resolution approving a Preliminary Site Evaluation with two variances for Winding Creek Addition, a proposed ten single-family residential lot and one open space lot subdivision, on 12.21 acres of land on the south side of Johnson Road, approximately 1,800 feet from the intersection of Johnson Road and North Pearson Road, being tracts 1D and a portion of 1D01, Abstract 1153 out of the John Martin Survey, zoned Single-Family Residential 36,000 square-foot minimum lot sizes or greater (SF-36), and addressed 1808 Johnson Road and a portion of 1816 Johnson Road. Cary Clarke, Devane Clarke Partnership, Ltd., Owner/Applicant. (PSE-22-0003)
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Background:
The Applicant proposes a large-lot development (each of the ten lots will exceed 36,000 square-feet) with one open space lot on approximately 12.21 acres. The Applicant is requesting two variances to the depths of two of the lots in order to align the street with Greenbriar Street. Both lots will still meet the SF-36 zoning requirement for lot size.
The PSE acts as a preliminary plat. There are two other lots on the PSE that indicate the building footprint of the homes are currently located in the floodplain. However, before a final plat may be considered, the Applicant will have to submit and receive approval for a Letter of Map Revision (LOMR) from FEMA that shows these homes will not be in the floodplain. Until that is accomplished and the final plat approved, building permits for these two lots cannot be issued per the Unified Development Code (UDC).
Current Zoning: MEETS
Single-Family Residential 36,000 square-foot minimum lot sizes or greater (SF-36).
Future Land Use Plan: MEETS
The Future Land Use Plan (FLUP) indicates the property as Low Density - Single Family Residential 36,000 square-feet minimum lot sizes or greater (LD-SF). The proposed subdivision meets the FLUP.
Street Access: MEETS
The Applicant proposes to have the main entrance on Johnson Road with a connection to Pearson Crossing.
Landscape/Screening Wall Easement: MEETS
The Applicant is proposing to have a 10-foot landscape/screening wall easement on Johnson Road which will incorporate a 6-foot screening wall with trees within the easement adjacent to Johnson Road.
Open Space: NOT REQUIRED
The curve of the street required to connect to Pearson Crossing creates a small open space lot.
Tree Preservation: MEETS
The Applicant proposes to remove the trees in the new street right-of-way (ROW). All other trees shall remain. Any further removal will require a building permit for each lot indicating which trees will have to be removed for home construction.
Drainage & Utilities: MEETS
The applicant has provided preliminary utility and drainage plans to the City supporting this application. More detailed utility and drainage plans will be reviewed as part of the civil engineering plans submitted with the final plat application at a later date.
Surrounding Land Uses & Zoning:
North: Single-Family Residential 36,000 square-foot minimum lot sizes or greater (SF-36) and Single-Family Residential 20,000 square-foot minimum lot sizes or greater (SF-20)
South: Retail (R)
East: SF-36
West: SF-36
Variances Requested:
The UDC requires the proposed street (Winding Creek) to align with Greenbriar (across Johnson Road) for safety thus creating two lots lacking the requisite depth for lots in the SF-36 zoning district and requiring the two variances below:
1. A variance request for Lot 1, Block A for an average depth of 152.34’ in lieu of the required 200’.
2. A variance request for Lot 2, Block A for an average depth of 196.95’ in lieu of the required 200’.
Staff supports the variances requested because of the importance of aligning the two streets across Johnson and because both lots exceed the minimum square footage of the SF-36 zoning district.
Planning and Zoning Commission Recommendation:
On July 12, 2022, the Commission unanimously voted to recommend approval of the Preliminary Site Evaluation application with the two variances for Lots 1 and 2 of Block A with no modifications.
Citizen Input:
A UDC variance application does not require a public hearing, so no public hearing notifications were sent out to the surrounding property owners for this request. Staff has received multiple emails, letters and phone calls regarding this application from homeowners in Pearson Crossing, mostly concerned with the proposed roadway connection to Pearson Crossing. The public will have an opportunity to speak on this agenda item during “Persons To Be Heard.”
The opposition has requested that Pearson Crossing not be connected to the Winding Creek subdivision. If the connection must be made, Pearson Crossing residents that have contacted staff have asked that a gate be installed between the two neighborhoods. Staff has pointed out that the original plat for Pearson Crossing recognized the need for such a connection and the plat has a note indicating that the Pearson Crossing cul-de-sac was to be temporary only until the adjacent property was developed. Today, if Pearson Crossing were to apply as a subdivision, it would not be allowed to have only one point of access. This same subdivision would still require a second means of access.
This proposed connection is consistent with the original approval of Pearson Crossing (that calls out a temporary termination of the roadway), is consistent with current and previous UDC requirements, and supports emergency vehicle access and roadway system connectivity.
Staff has received several emails regarding cut-through traffic concerns and increased traffic from the proposed development. Given that the proposed subdivision has only ten, large lots, staff believes the increase in traffic on Pearson Crossing will be minimal. Further, cut-through traffic from Johnson to Pearson and vice versa is unlikely, since it will be faster to stay on Johnson or Pearson and the decision point for this maneuver is over 1/3 of a mile from the intersection.
The safety concerns will be significantly mitigated by the connection, and thus staff does not support gating the street. This was also discussed at the Planning and Zoning Commission and, after City Engineer Chad Bartee’s explanation, the Commission concurred that the street should connect and not be gated.
Alternatives:
The City Council has the following options when considering a Preliminary Site Evaluation application with variances:
§ Approve as submitted.
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.
Supporting Documents:
- Maps
- Exhibit A - Preliminary Site Evaluation