To: Aaron Rector, Interim City Manager
From: Sarah Hensley, Director of Community Development
Subject:
Title
Consider a resolution approving a Final Plat with two variances for the Diemand-Mueller Addition, a proposed residential subdivision with two single-family lots, on 2.774 acres of land, approximately 500 feet southeast of the Bourland Road and Lavena Street intersection, legally described as Lots 1 and 2, Block 1 of the Diemand-Mueller Addition, zoned Single-Family 36,000 minimum square-foot lots (SF-36), and addressed 569 Lavena Street. Lisa Diemand and Robert Mueller, Owners. Pentavia Custom Homes, Applicant. (PLAT-2408-0003)
Body
Background:
The purpose of this plat is to subdivide an existing 2.774-acre tract of land into two single-family residential lots in the SF-36 zoning district.
Staff approved the plat on May 29, 2024, but it has not been recorded with the county. Shortly after the city approval was issued, the Applicant asked about the possibility of forgoing the requirement to construct the access easement and hammerhead drive shown on the approved plat. Council approval of a variance is needed in order to allow the applicant to build a home on Lot 1 without also constructing the access and fire apparatus turnaround.
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) designates 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.
Streets: VARIANCES REQUESTED
The Applicant requests two variance to Unified Development Code (UDC) Section 5.03.
UDC Section 5.03(A)(1): “Every subdivision or development shall be served by streets and thoroughfares adequate to accommodate the vehicular traffic to be generated by the development. Proposed streets shall provide a safe, convenient, and functional system for traffic access and circulation, shall be properly related to the City's Comprehensive Plan and Thoroughfare Plan, and shall be appropriately designed and sized for the traffic characteristics of each development.”
UDC Section 5.03(L): “Dead end or stub streets are not allowed except as required to provided future access to adjacent vacant land areas that will likely develop under a similar zoning classification and in no case shall be more than 150’ in length or equal to one lot depth, whichever is greater.”
1. The Applicant requests to allow Lavena Street to dead end at their northern property line.
UDC Section 5.03 (G): “Subdivisions generally may provide one point of access in each direction (north, east, south and west) to a public street and/or future connection, which is adequately designed and sized to handle the traffic adjacent to the development. For a development of over fifty (50) lots, a minimum of two (2) functional access points shall be required. Developments of fifty (50) lots or less but more than twenty (20) lots may be served with one point of access and one point of future connection. Developments of 20 lots or less may be served with one point of access. Single points of access, including cul-de-sac streets, may exceed 600’ if a residential fire sprinkler system is provided and a recommendation from the Fire Marshal and approval of the City Council.”
UDC Section 5.03(L): “A cul-de-sac street is a street with only one inlet/outlet and may be used with a suitable turnaround provided for, with an outside right-of-way diameter of one hundred twenty feet (120') and pavement diameter of one hundred feet (100'). The cul-de-sac shall be measured from the centerline of the intersecting street to the center of cul-de-sac turnaround. Cul-de-sacs greater than six hundred feet (600') in length may be allowed for developments of less than twenty (20) lots with a recommendation from the Fire Marshal and approval of the City Council.”
2. The Applicant requests to not be required to construct a cul-de-sac or alternative turnaround (such as a hammerhead) unless or until a building permit is submitted for the development of Lot 2.
International Fire Code (IFC) Section D107.1 related to one- or two-family dwelling residential developments also has the following language:
“The number of dwelling units accessed from a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official.”
Tree Preservation: MEETS
The Applicant proposes to remove only the trees located within the proposed driveway and build pad for the new home and detached garage. All other trees shall remain.
Drainage & Utilities: MEETS
The applicant has provided utility and drainage plans supporting this application that meet the requirements of the UDC.
Existing Roadway Access:
Lavena Street
Surrounding Zoning:
All surrounding properties are zoned SF-36.
Variances Requested:
1. The Applicant requests to allow Lavena Street to dead end at their northern property line.
2. The Applicant requests to not be required to construct a cul-de-sac or alternative turnaround (such as a hammerhead) unless or until a building permit is submitted for the development of Lot 2.
Citizen Input:
A Minor Subdivision 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. There has been no response from the public to this application. The public will have an opportunity to speak on this agenda item during “Persons To Be Heard.”
Summary:
Section 2.07 (A)(2) of the UDC states that when considering a Minor Subdivision Final Plat with variances, the City Council shall consider the following factors:
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 variance 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 variance 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 variance 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.
Planning and Zoning Commission Recommendation:
At the August 27, 2024, Planning and Zoning Commission meeting, Commissioners voted 6-1 to recommend denial of the plat with two variances as presented.
Alternatives:
The City Council has the following options when considering a final plat with variances:
§ Approve as submitted.
§ Approve with modifications or additional amendment(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.