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council cover memo/ MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: December 11, 2018 Reference: Consider approval of PD-259R-SF-7/9, Blackberry Farm, to permit the development of 74 single-family lots and nine (9) common area lots, on 54.8 acres of property located at the North side of Sandy Lake Road, 750 feet northeast of Starleaf Road. 2030: Special Place to Live Executive Summary: Since the initial tabling of this request in August, the applicant has made significant progress in addressing the drainage, engineering and open space preservation issues. At this point, staff is comfortable with proceeding with this PD request. The remaining technical issues will not affect the lotting patterns and will be resolved prior to filing of the Final Plat for Phase One of this project. Staff sent 127 notices to property owners within 200 and 800 feet notifying them of the November hearing date and we have received one homeowner inquiry. Notices were not required to be sent again given that this request was tabled to a specific date. The information has been provided on various social media platforms. Introduction: The existing PD was approved in 2013 for 82 lots, six common area lots, and a significant list of PD conditions, many related to flood plain, grading and drainage. The current request is similar to the existing PD, except that: Number of lots has been reduced from 82 to74; the common areas have increased from approximately 24 acres to 30 acres to accommodate the drainage issues (6 to 9 common areas); and this is will be a two-phase request, Phase 1 including 54 lots and 8 common areas, Phase 2, 20 lots with one common area. Most of the conditions relating to the requirement for flood and drainage studies have been addressed, as the CLOMR has been approved by FEMA and detail site and engineering plans have been revised to reflect the recommendations. Attached to Memo is a letter from David Hayes, Denton Creek Land Company addressing the outstanding issues. Creek Stabilization/Preservation/Corps of Engineers Over the past six months the issue of stream bank erosion protection and approval by the US Army Corps of Engineers were outstanding issues. In July of this year City Staff, the applicant, Mr. Holmes, and his consultant met with several representatives of the US Army Corps of Engineers to discuss creek preservation and creekbank stabilization for this project. The most viable option for long term maintenance and to ensure that the creek area remain in its natural state was determined to be to establish a Conservation Easement to be granted to a 3rd party (501.C3 Corporation) whose mission is to protect and conserve open spaces. Attached to this memo is a Notice of Intent (NOI) from Mitigation Futures Conservancy to enter into a conservation easement for the 16.5 acres of Denton Creek which bisects the proposed Blackberry Farm development. The execution of this agreement will be required prior to filing of the Final Plat for Phase 1 of this development. It is anticipated that a Revised 404 permit will be submitted to the US Army Corps of Engineers prior to the City Council Public Hearing. Entry Feature/Common Area Detail Site and Landscape Plan for Lot 2X (Farm House/Garden) and the screening wall entry feature is part of this PD. There is a condition that “The farm house at the subdivision entrance will not be used or occupied as a residence or retail business, except occasional sales of seasonal botanical gardening materials.” Further, the Planning and Zoning Commission recommended that the “development of Lot 2X and the entry features be constructed prior to the issuance of a building permit for the first home, other than a model home”. The applicant is requesting that they not be required to complete this entry feature until 10% of the lots or a minimum of 4 single family home building permits be issued prior and no C.O.’s (final acceptance) prior until the entry feature and landscaping is complete. In addition, they are offering that the farm house permit would be issued and construction will be underway before obtaining any home permits. Staff is concerned with the implementation of this condition as offered by the applicant, given the nebulous nature of the milestones presented and the issue of not letting a home purchaser move into a home due to lack of construction of a common area feature. The developer has also committed to reach out to the neighborhood to discuss/clarify issues relating to drainage easements, access and related issues. Analysis: City Council tabled consideration of this request, with the public hearing left open, on August 14th , September 11th, October 9th and November 13th to December 11th. On July 19, 2018, the Planning and Zoning Commission unanimously recommended Approval PD-259R-SF-7/9, Blackberry Farm subject to PD Conditions as included in the packet, and the following outstanding conditions: The attachment of the Entry Feature/Common Area Lot 2X Exhibits, with The farm house at the subdivision entrance will not be used or occupied as a residence or retail business, except occasional sales of seasonal botanical gardening materials. The development of Lot 2X and the entry features be constructed prior to the issuance of a building permit for the first home, other than a model home. (see discussion above) Clarification of the purpose and intent of the allowance for hardscapes in the front yard (resolved). Prior to the Filing of the Final Plat for Phase 1: the US Army Corps of Engineers approving Stream Bank Erosion protection review of the Erosion Control Setback Exhibit prior to filing the Final Plat of Phase One (resolved) There will be additional comments at the time of Detail Engineering Review Discussion items at the Planning and Zoning Commission public hearing included: Provision of a sidewalk to school. the city will be working with the developer to ensure that the sidewalk from this development, along Sandy Lake (off-site) will be in place with the first phase of development. Insure that the creek area be maintained in the natural state and there be an endowment (reserve) account for HOA dues for maintenance of the flood area. The developer is in the process of setting up an Conservation Easement Retaining walls design and location and their maintenance by the property owner As specified in the PD and on the Plat Drainage area between this development and the homes on Hollywood – that it remain an open flume/channel. As specified in the PD and on the Plat Legal Review: This did not require city attorney review Fiscal Impact: None Recommendation: The Planning Department recommends approval of this request subject to conditions as revised and attached as Exhibit “A”. Attachments: Letter from applicant with attachments Staff Report Exhibit “A” – PD Conditions Site Plan Landscape Plan Retaining/Screening Wall Locations Erosion Hazard Setback Exhibit Bridge Exhibit Entry Feature/Common Area Lot 2X