PLANNING COMMISSION REPORT SUMMARY

Non-Public Hearing Item

 

PC Staff Report

07/25/05

 

ITEM NO 6:               PRELIMINARY PLAT FOR CYPRESS PARK ADDITION; 1801                                           LEARNARD AVENUE (PGP)

 

PP-06-15-05:  Preliminary Plat for Cypress Park Addition.  The property is generally described as being located at 1801 Learnard Avenue.  This proposed five-lot single-family residential subdivision contains approximately 2.229 acres.  Submitted by Peridian Group, Inc., for Steve Standing, property owner of record.

 

 

STAFF RECOMMENDATION: Staff recommends denial of the Preliminary Plat for Cypress Park Addition, based upon the following concerns:

 

  1. Proposed lot configuration does not lend itself to the future redevelopment of the property or surrounding properties.
  2. The proposed layout does not “coordinate the development of each parcel of land with the existing community, and facilitate the property development of adjoining land.” (Section 21-101(b)(3)).
  3. The proposed plat should be redesigned to allow for adequate right-of-way access for the further development of this and adjacent properties (north and west) in the future.
  4. Per Horizon 2020, Residential Development 5-14, Policy 3.3(c), “Infill development should conform to lot size of the area in which it is proposed.”
  5. The recording of Lot 3 would make the accessory 2-story barn non-complying as it would exceed the maximum rear yard coverage, per Section 20-1312.

 

ALTERNATIVE ACTION: The Planning Commission could determine that the configuration of the Preliminary Plat, as proposed, is acceptable and reflects an acceptable physical form that is consistent with some land use patterns in the established neighborhood. In that case, the following conditions should be applied:

 

  1. Provision of An Agreement Not to Protest Formation of a Benefit District for Street and for Sidewalk improvements to Learnard Avenue.
  2. Submission and approval of an acceptable stormwater detention study and site grading plan to the City Stormwater Engineer, utilizing off-site contributions in lieu of on-site detention.
  3. Provision of the following revisions to the Preliminary Plat:
    1. Per Section 21-301.5(b), provide a MEBO (Minimum Elevation for a Building Opening) for those lots adjacent to drainage easements.
    2. Add a General Note: “Ability for future division of these lots is diminished due to the configuration of the lots.”
    3. Correct the spelling of the avenue from “Leanard” to “Learnard”.

 

 

 

Applicant’s Reason for Request:

 

 

Preliminary Plat approval for proposed 5-lot residential subdivision.

 

KEY POINTS

·        The property is zoned RS-2 which allows for a minimum area of 7,000 square foot lots. The proposed layout has 5 lots, each 2 to 3 times larger than the minimum area of 7,000 square foot lots

·        Approval of the proposed lot configuration in this subdivision diminishes or removes entirely future redevelopment options for properties to the north and west.

·        Agenda originally showed a variance request for this item. Original submittal proposed only 30’ frontage for Lots 1 and 4. The Preliminary Plat was revised per staff review comments to the minimum 35’ lot frontage, therefore no variance from Section 21-611(c) is necessary.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

 

  • Possible redesign and submittal of a modified Preliminary Plat for consideration and approval of the Planning Commission.
  • Final Plat to be approved by the Planning Commission and submitted for City Commission acceptance of any easements and rights-of-way.
  • Final Plat recordation at Register of Deeds Office.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING,

 

  • Applicant’s letter, including neighbors in support of Cypress Park Addition with the flag lot concept.
  • Communication with area residents requesting information on the Preliminary Plat.

 

 


 

PLANNING COMMISSION REPORT SUMMARY

Non-Public Hearing Item

 

PC Staff Report

07/25/05

 

ITEM NO 6:               PRELIMINARY PLAT FOR CYPRESS PARK ADDITION; 1801                                              LEARNARD AVENUE (PGP)

 

PP-06-15-05:  Preliminary Plat for Cypress Park Addition.  The property is generally described as being located at 1801 Learnard Avenue.  This proposed five-lot single-family residential subdivision contains approximately 2.229 acres.  Submitted by Peridian Group, Inc., for Steve Standing, property owner of record.

 

GENERAL INFORMATION

 

Current Zoning and Land Use:         RS-2 (Single-Family Residential) District; Existing house and detached 2-story barn on proposed Lot 3.

 

Surrounding Zoning and Land Use:   RS-2 (Single-Family Residential) District; Existing single-family homes to north, east, south and west; Existing single-family residences.

 

Site Summary

Number of lots, proposed                 5 Single-family Lots

Gross/Net Area:                             97,094 Square Feet/ 2.23 acres

Minimum Lot Area:                           12,701 Square Feet/0.29 acre

Maximum Lot Area:                          25,400 Square Feet/0.58 acre

Average Lot Area:                            19,419 Square Feet/0.45 acre

 

 

LOT CONFIGURATION

 

The property is zoned RS-2 (Single-family Residential) District, which allows for a minimum of 7,000 square foot lots. The proposed layout has 5 lots, each of which are 2 to 3 times larger than the minimum area of 7,000 square lots.

 

The applicant has requested consideration for a flag lot subdivision. A flag lot basically is one lot located behind another with a long narrow driveway access to the 2nd lot. The shape of the 2nd lot resembles a flag with a flag-pole shaped driveway and places the front of a lot behind the rear of another lot.

 

Concerns with a flag lot configuration include,

·         Proposed lot configuration does not lend itself to the future development of the property or surrounding properties.

·         A future owner may decide to further divide the property to the minimum lot areas allowed by the zoning district. This replatting would not likely be able to be obtained without special variances being granted.

·         Flag lots distort the historic streets of a neighborhood and reduce the privacy of homeowners whose rear yards abut the front yards of flag lots.

·         Flag lots are difficult for emergency vehicles, delivery drivers and visitors to find as all that is visible from the street is a mailbox.

·         Extensions and maintenance of private utilities lines are more costly to the homeowners.

·         Accessory living quarters in the proposed new zoning codes would allow for additional dwelling units to be placed on the lots in a different placement than may normally occur.

·         Over time and development, flag lot shared driveways tend to function more like a private street. Private streets are not allowed except in Planned Unit Developments, which would have agreements for future maintenance.

 

The Preliminary Plat should be redesigned to lend itself to the potential future development of the property and surrounding properties.

 

MAXIMUM REAR YARD COVERAGE OF ACCESSORY BUILDING

 

Per Section 20-1312, an accessory building shall not exceed 30 percent of the area of the required rear yard. An RS-2 (Single-family Residential) District has a 30’ rear yard setback. The existing parcel has a width of 342.96’. The existing 30% of the rear yard is:

 

          30’ x 342.96’ x 30% = 3,086 square feet of allowable footprint for an accessory building.

 

The existing 2-story barn has a footprint of 1,138 square foot and is located on proposed Lot 3.

 

Lot 3 has a proposed lot width of 80’.

 

          30’ rear yard setback x 80’ width x 30% = maximum of 720 square feet for an accessory building on Lot 3.

 

The existing accessory building (2-story barn) would exceed the maximum rear yard coverage by 418 square feet (1,138 square feet existing – 720’ maximum square feet allowed = 418’ square feet over maximum allowed). The proposed width of Lot 3 would not conform to the maximum rear yard coverage for the existing accessory building. The structure would become non-complying. If it were destroyed or damaged beyond 50%, the maximum allowable size of 720 square foot would apply to any redevelopment request.

 

STORMWATER DRAINAGE

 

The preliminary plat contains a proposed stormwater detention basin located along the south side of the Preliminary Plat.  A condition should be required for the stormwater drainage plan and grading plan to be submitted for the approval of Stormwater Engineer. A MEBO (Minimum Elevation of Building Opening) per Section 21-301.4(b), would need to be shown for the lots adjacent to the drainage easements.

 

From an Engineering perspective: There is a concern that the top of the detention basin may be higher than the existing ground level and will modify the existing flow of stormwater drainage from the adjacent properties to the south. There also is a concern with the existing stormwater flow and lack of proper drainage in the area.

 

From a Planning perspective: The location, design and orientation of the stormwater detention basin is out or character with the surrounding neighborhood and would negatively impact the adjacent (south) property owners. The stormwater ordinance permits contributions to off-site improvements which would be more appropriate and in character with the surrounding neighborhood.

 

ACCESS/STREETS

 

Access to the site is provided from a local street. Learnard Avenue has 60’ of width which is the normal right-of-way requirement for a local street.

 

General Note No. 12 states, “The deed of record describes the east line of this property in the center of Learnard Avenue. No record was found dedicating right-of-way for Learnard Avenue.”

An acceptance of dedication of the half (30’) of the 60’ public right-of-way width of Learnard Avenue by the City Commission with the Final Plat approval, would quell any question of prior dedication or historic use of the half of the public right-of-way over the front 30’ portion of the  property described per the deed of record.

 

SANITARY SEWER/MUNICIPAL WATER

 

There are existing sanitary sewer and municipal water lines along Learnard Avenue in front of this property. The applicant proposed private line connections to the existing sanitary sewer main and municipal water main. With flag-lot configurations, the length of private water and sewer lines are much longer than normal, and in this case, would exceed 200’ for proposed lots 1 and 4.

 

AGREEEMENT NOT TO PROTEST BENEFIT DISTRICT

 

Public Works has requested the applicant provide an Agreement Not to Protest a Benefit District for improvements to Learnard Avenue. This would be a condition of approval of the Final Plat.

 

 

STAFF RECOMMENDATION ON PRELIMINARY PLAT:

 

Staff recommendation is for denial of the Preliminary Plat for Cypress Park Addition, based upon the following concerns:

 

  1. Proposed lot configuration does not lend itself to the future redevelopment of the property or surrounding properties.
  2. The proposed layout does not “coordinate the development of each parcel of land with the existing community, and facilitate the property development of adjoining land.” (Section 21-101(b)(3)).
  3. The proposed plat should be redesigned to allow for adequate right-of-way access for the further development of this and adjacent properties (north and west) in the future.
  4. Per Horizon 2020, Residential Development 5-14, Policy 3.3(c), “Infill development should conform to lot size of the area in which it is proposed.”
  5. The recording of Lot 3 would make the accessory 2-story barn non-complying as it would exceed the maximum rear yard coverage, per Section 20-1312.

 

ATTACHMENT “A”

 

The applicant has provided a letter discussing the reasons why they would like consideration for the configuration of lots as proposed. A copy of this letter is attached.

 

Per Horizon 2020, Residential Development 5-14, Policy 3.3(f), “Maintain the physical form and pattern of existing, established neighborhoods to the extent possible by incorporating the following principles:

1.       Building orientation should reflect the predominant neighborhood pattern and existing streetscape.

2.       Continuity of vehicular and pedestrian circulation patterns should be considered.

3.       Open space patterns and front, side and rear yards characteristic of the neighborhood should be maintained.”

 

ALTERNATIVE ACTION: The Planning Commission could determine that the configuration of the Preliminary Plat, as proposed, is acceptable and reflects an acceptable physical form that is consistent with some land use patterns in the established neighborhood. In that case, the following conditions should be applied:

 

  1. Provision of An Agreement Not to Protest Formation of a Benefit District for Street and for Sidewalk improvements to Learnard Avenue.
  2. Submission and approval of an acceptable stormwater detention study and site grading plan to the City Stormwater Engineer, utilizing off-site contributions in lieu of on-site detention.
  3. Provision of the following revisions to the Preliminary Plat:

a.      Per Section 21-301.5(b), provide a MEBO (Minimum Elevation for a Building Opening) for those lots adjacent to drainage easements.

b.      Add a General Note: “Ability for future division of these lots is diminished due to the configuration of the lots.”

c.      Correct the spelling of the avenue from “Leanard” to “Learnard”.