To: Mark Hafner, City Manager
From: Alonzo Linan, Director of Public Works and Julie Smith, Community Development Director
Subject:
Title
Consider a resolution approving a Final Plat with variances for Lots 1-3, Block A of Hallelujah Farms, located on 6.99 acres of land, north of Hallelujah Trail, approximately 1,000 feet northeast of the intersection of Hallelujah Trail and Johnson Road, currently addressed as 657 Hallelujah Trail, and zoned Single-Family 36,000 square-foot minimum lots (SF-36). Brittainy Fink, Owner/Applicant. (P-22-0022)
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Background:
The Applicant proposes creating a three-lot subdivision from a 6.99-acre portion of an 11-acre tract of land addressed as 657 Hallelujah Trail. Creating a subdivision triggers development requirements such as the extension of public infrastructure (road, water, and sanitary sewer). Because the Applicant proposes to build a home on one of the lots, the property must be platted prior to releasing a building permit. The other two lots will be sold to prospective homeowners/builders.
On October 13, 2021, the Development Review Committee (DRC) met with Mr. and Mrs. Fink (Owner), and Cecily Verloop (Real Estate Agent) regarding the proposed subdivision into three lots. At the meeting, Staff indicated:
• All tracts had to be platted and, if variances were necessary, City Council would have to approve after a recommendation from the Planning and Zoning Commission.
• The UDC required:
• Extension of sanitary sewer.
• Construction of the road and cul-de-sac.
• Right-of-way (ROW) dedication.
Between October 2021 and May 2022, Staff had numerous emails, meetings, and phone call exchanges related to multiple versions of different platting options and proposals with Mr. and Mrs. Fink, Real Estate Agent Verloop, and their consultants. Staff also discussed the platting and development requirements with the property owners to the south (Terry Yang).
In May 2022, the Applicant submitted a Plat indicating two lots in lieu of the four lots that were originally proposed in October 2021, because Mrs. Fink indicated she would replat lot 1 into three lots later to avoid triggering public infrastructure requirements. Because State law does not permit piecemeal platting, this proposal was abandoned.
On July 21, 2022, the Finks met with Staff, two members of City Council, and the City Manager regarding a proposed plat for three lots abutting an unplatted parcel to the south (Yang property). Topics of conversation also included right-of-way, construction of the road, number of lots accessing a private drive, and differences between the major and minor plat applications.
In August 2022, the City Attorney confirmed the plat (as proposed at this time) would be a Major Subdivision Plat for lack of access to a public road.
On September 15, 2022, Staff received another revised plat for three lots requiring five variances requests associated with connection to the public infrastructure (sewer and streets), flag lot access limitations, and the extension and construction of the street and cul-de-sac. (Please see details below and Exhibit A - Plat.)
Lot Sizes and Dimensions: MEET
All lots will exceed the minimal lot dimensions and square-footage requirements of the SF-36 zoning district.
Setbacks: MEET
Excluding right-of way (ROW) dedication, all lots will meet the setback requirements of the SF-36 zoning district.
Streets and Utilities: FIVE VARIANCES REQUESTED
Flag Lot Access
UDC Section 5.13 (B) limits the number of residential lots that may be accessed by a private drive to no more than three lots. Such a private easement must be a minimum of 60 feet wide. If more than three lots will be accessing the same drive easement, a public street must be constructed rather than a 60-foot private drive.
The only access to this proposed development is from Hallelujah Trail, a 10-foot-wide private access easement. The Applicant’s proposed three-lot subdivision increases the number of residential lots accessed via Hallelujah Trail from the existing non-conforming six residential lots to nine residential lots.
1. A request for a variance to permit nine properties accessing a private drive (rather than the Unified Development Code Section 5.13 limit of three).
Public Infrastructure
UDC Section 5.01 (B)(6) & (7) state the developer is responsible for providing the appropriate means of access to the development (public street) and extending public utilities (water and sanitary sewer) to the proposed development.
The Applicant is requesting not to extend/construct the UDC-required public infrastructure.
2. A request for a variance not to construct the public street.
3. A request for a variance not to make the public street connect to the City street network.
4. A request for a variance to the requirement to build a cul-de-sac when a street terminates.
5. A request for a variance not to extend the public sanitary sewer line.
Citizen Input:
A Final Plat application with variances does not require a public hearing, so no public hearing notifications were sent out to the surrounding property owners for this request.
The public had an opportunity to speak on this agenda item during “Persons To Be Heard.”
Staff received nine emails supporting the variance requests prior to the September 27, 2022 Planning and Zoning Commission meeting, though two of the emails did not include an address. Additionally, Staff saw a support petition in the Applicant’s Planning and Zoning Commission September 27, 2022 meeting PowerPoint with 48 signatures.
Planning and Zoning Commission Recommendation:
On October 11, 2022, the Planning and Zoning Commission recommended, by a vote of 4-3, to approve with a condition requesting City Council review life and safety concerns related to lack of emergency vehicle access. (Nays: Thompson, Osgood, Apke).
During the ‘Persons To Be Heard’ item, eight neighbors and residents spoke in favor of the variance requests at the October 11, 2022.
Summary of Variances Requested:
1. A request for a variance to permit nine properties to access a private drive (rather than the Unified Development Code Section 5.13 limit of three).
2. A request for a variance not to construct the public street.
3. A request for a variance not to make the public street connect to the City street network.
4. A request for a variance to the requirement to build a cul-de-sac when a street terminates.
5. A request for a variance not to extend the public sanitary sewer line.
Summary:
Section 2.07(A)(2) of the UDC lists the following criteria for the City Council when considering a Final Plat with variances:
a. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Code would deprive the applicant of the reasonable use of his land.
b. That the granting of the variances will not be detrimental to the public health, safety or welfare, or injurious to other properties in the area.
c. That the granting of the variances will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this Code.
d. That the granting of the variances will not constitute a violation of any other valid ordinance of the City of Keller.
e. That strict compliance with the regulations, and/or that the purpose of the regulations will be served to a greater extent by the alternative proposal.
City Council Alternatives:
The City Council has the following options when considering a Final Plat 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 - Plat