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Item 6AZoning Change and Concept Plan 1833 Our Ln. Item 6A Owner: Scott and Becky Johnson Applicant: M. Christopher Homes Request: Approval of a zoning change and concept plan from “AG” Agricultural District to “SF-1A” Single Family Residential District Location: 1833 Our Ln., described as Tracts 2C11, 2C12 and 2C13, W. Martin Survey, Abstract No. 1068 ZA13-043 Aerial View View North View South View East Concept/Tree Conservation Plan Option “A” Concept/Tree Conservation Plan Option “B” Fire Turnaround Exhibit A variance to the Public Street requirement of the Subdivision is required: Variance to Subdivision Ord. No. 483, Section 8.01(A), which requires that all lots front on a public or private street. Our Lane is currently a private street that doesn’t meet the Subdivision Ordinance requirements in Section 5.04 and 5.05 regarding private streets. The applicant is requesting a variance to allow the lot to front on Our Lane as it currently exists and has submitted a letter agreeing to the conditions that have been placed on other lots that have been approved on Our Lane, which are as follows: An 8” water line meeting City standards from Randol Mill to the southwest corner of the property will be installed by the property owner or builder prior to issuance of a building permit. The applicant acknowledges that the City will not maintain Our Lane and that it is the responsibility of the property owners to maintain Our Lane to a level that will allow fire trucks to respond to emergencies. Variance Request Water Line Plan History OUR LANE HISTORY • The property was annexed into the City in 1987 and given the “AG” Agricultural zoning designation. • A zoning change and concept plan (ZA13-083) for the property at 1730 Randol Mill Ave. from “AG” Agricultural District to “SF-20A” Single-Family Residential District was approved February 17, 2004. • A zoning change and concept plan (ZA06-049) for the properties to the west of the subject property located at 1801 and 1829 Our Ln. from “AG” Agricultural District to “SF-1A” Single-Family Residential District was approved August 1, 2006. • A plat showing (ZA08-008) for Lots 5 & 6, W. Martin No. 1068 Addition for the properties to the west was approved March 19, 2008 and filed April 30, 2008. • A zoning change and concept plan (ZA10-053) for the property at 1742 Our Ln. from “AG” Agricultural District to “SF-1A” Single-Family Residential District was approved November 2, 2010. • A plat showing for Lot 7, W. Martin No. 1068 Addition for the property at 1742 Our Ln. was approved March 2, 2011 and filed April 7, 2011. Site Photo Other Items • Due to opposition within 200’ of the property being in excess of 20% a supermajority vote of City Council is required. • City staff met with the applicant to discuss reimbursement agreements regarding providing existing homes in the subdivision access to the new water line. Legal Questions • What is the impact on Council’s vote as a result of 20% of the properties within 200’ filing opposition to this zoning case (Supermajority)? • Can City Council make a condition of the zoning approval that the developer installing the 8” water line be required to hook the existing homes to the new line? • What is the city’s role in any pro rata agreement? ZA13-043 Planning and Zoning Commission July 18, 2013; Approved (6-0) subject to Concept Plan Review Summary No. 2 dated May 31, 2013 and the staff report dated July 12, 2013 and approving the variance request as follows; a) An 8” water line meeting City standards from Randol Mill to the southwest corner of the property will be installed by the property owner or builder prior to issuance of a building permit. b) The applicant acknowledges that the City will not maintain Our Lane and that it is the responsibility of the property owners to maintain Our Lane to a level that will allow fire trucks to respond to emergencies. ZA13-043 City Council August 6, 2013; Approved at 1st reading (7-0) including the recommendation of the Planning and Zoning Commission that the applicant will provide an eight inch fresh water line to the southwest corner of the property; applicant understands that the City will not be responsible for road maintenance along Our Lane; and asking the applicant work with city staff to discuss reimbursement agreements regarding access to the waterline for future permit applicants, providing water access to the eight inch line for the existing homeowners along Our Lane, discuss a possible cost-sharing agreement regarding road improvements to Our Lane and granting the variance to property not having access to a public roadway. Questions?