To: Planning and Zoning Commission
From: Katasha Smithers, Planner II
Subject:
Title
Consider a recommendation of 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 purchased a 6.99-acre portion of an 11-acre tract of land, that is currently addressed as 657 Hallelujah Trail. The Applicant is proposing to create a subdivision with three lots out of the 6.99-acres. Creating a subdivision triggers development requirements such as the extension of public infrastructure (road, water, and sanitary sewer). Since the Applicant proposes to build a home on one of the lots, the property must be platted prior to releasing a building permit. Additionally, each lot must be addressed separately from the entire original property addressed as 657 Hallelujah Trail.
The Applicant is requesting five variances associated with connection to the public infrastructure, flag lot access limitations, and the extension and construction of the street and cul-de-sac. (Please see details below and reflected on 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 6 residential lots to 9 residential lots.
1. A request for a variance to the flag lot limitation of only three properties on a private drive.
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 extend 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 make the public street connection to the City street network.
3. A request for a variance not to construct the public street.
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 will have an opportunity to speak on this agenda item during “Persons To Be Heard.”
Summary of Variances Requested:
1. A request for a variance to the flag lot limitation of only three properties on a private drive.
2. A request for a variance not to make the public street connection to the City street network.
3. A request for a variance not to construct the public street.
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.
Alternatives:
The Planning and Zoning Commission has the following options when considering a Final Plat application with variances:
§ Recommend approval as submitted.
§ Recommend approval with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Recommend denial.
City Council Action:
If the Planning and Zoning Commission takes action and makes a recommendation on this agenda item, this Final Plat application with variances will be scheduled for City Council action on November 1, 2022.
Supporting Documents:
• Maps
• Exhibit A - Plat