Item 6G
Zoning Change and Concept Plan1833 Our Ln.
Item 6G
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
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?
Does the City need to require a utility easement for the waterline?
Who determines the level of the road upgrade?
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?
Does the City need to require a utility easement for the waterline?
Who determines the level of the road upgrade?
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?