Cover Memo1
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.
2
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:
1. The attachment of the Entry Feature/Common Area Lot 2X Exhibits, with
a. 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.
b. 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)
3
2. Clarification of the purpose and intent of the allowance for hardscapes in the front yard
(resolved).
3. Prior to the Filing of the Final Plat for Phase 1:
a. the US Army Corps of Engineers approving Stream Bank Erosion protection
b. review of the Erosion Control Setback Exhibit prior to filing the Final Plat of Phase One
(resolved)
c. 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.
o 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.
o The developer is in the process of setting up an Conservation Easement
Retaining walls design and location and their maintenance by the property owner
o 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.
o 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:
1. Letter from applicant with attachments
2. Staff Report
3. Exhibit “A” – PD Conditions
4. Site Plan
5. Landscape Plan
6. Retaining/Screening Wall Locations
7. Erosion Hazard Setback Exhibit
8. Bridge Exhibit
9. Entry Feature/Common Area Lot 2X