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PZ 06-27-2012 ASSOCIATED DOCUMENTSTREE MITIGATION AND PRESERVATION: The applicant will be responsible for complying with Unified Development Code (UDC), Section 21.9,9 Tree Preservation and Mitigation, The applicant has submitted a Tree Affidavit which indicates that no protected or heritage trees will be destroyed or damaged. PUBLIC IMPROVEMENTS AND SERVICES: Water and Sewer: The Fed Ex property has all utilities and no extension of utilities is required as part of the platting process. Sidewalks Hike and Bike Trails: None required. A sidewalk presently exists along FM 3009. Road Improvements: None required. Public Improvements: All public improvements required to this subdivision currently exist FEES: Tree Mitigation: Estimated no fees due. Parkland Dedication: Estimated no fees due. Utility Impact Fees: Fees due at time of development. STAFF ANALYSIS AND RECOMMENDATION: The FedEx Freight East Subdivision was platted on March 11, 1979 and replatted on July 6, 2005 adding 2.982 acres. The purpose of this replat is to add another 11.769 acres to the FedEx Freight Schertz Texas Subdivision. The proposed lot conforms to the minimum lot size of the zoning district. All utilities necessary for the development are available to the site and no extensions of utilities are required to serve adjacent properties. The replat has been reviewed with no objections by the City Engineer, Public Works, Parks, Inspections, Fire and Police. This replat is following the action of the master plan of the Vestal Property. The UDC states that a master plan is required of land greater than 50 acres and under one ownership. The proposed replat is consistent with all applicable zoning requirements for the property, ordinances, and regulations of the City. Planning Department Recommendation X Approve as submitted Approve with conditions* Denial HYI IHU LIIC I,UI III €IIJJIUII UCIII IILIpUbU L;UIIUILIU11S, Gu(IUILIU[IS snauia only oe imposea to meet requirements of the UDC, COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4. and is the final approval authority of the proposed replat. In considering final action on a replat, the Commission should consider the criteria within UDC, Section 21.12.13 E. 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PUBLIC IMPROVEMENTS AND SERVICES: Water and Sewer: A 12" water line is available to the lot along the IH 35 Frontage Road. Since sewer is not directly adjacent to this lot it will require extension. Extension of water and sewer lines shall be made along the entire frontage of the subdivision adjacent to both IH 35 and Friesenhahn Road as per UDC, Section 21.15.2 D. Drainage: The applicant will be responsible for all drainage associated with the subject property, and for compliance with the Storm Wafter regulations, which may require on -site detention at the time of site plan. Grading and drainage plans are subject to review and approval by the City Engineer, prior to recording of the final plat and issuance of a permit, TxDOT has reviewed the preliminary plat for drainage with the following comments: Grading on the property may not impede the flow of water from IH 35 o Grading may not occur within the TXDOT drainage easement without prior approval of TXDOT based on review and approval of a drainage study for the ultimate development of the property, demonstrating no increase in wafer surface elevations down stream of IH 35, from the predevelopment condition. Sidewalks Hike and Bike Trails: Required along IH 35 and Friesenhahn Road at the time of development. Road Improvements: Road improvements are necessary with this development. Friesenhahn Road is designated for expansion by the Master Thoroughfare Plan (MTP); which identifies it as a 60' wide expansion. The applicant is dedicating the associated right -of -way for Friesenhahn Road to comply with the MTP. Public Improvements: All public improvements required for this subdivision will be required to be installed prior to recording of the final plat per UDC, Section 21.4.15. FEES: Tree Mitigation: Estimated no fees due. Parkland Dedication: Estimated no fees due. Utility Impact Fees: Applicable at the time of building permit. STAFF ANALYSIS AND RECOMMENDATION: The subject property is currently unplatted, undeveloped and partially graded. Ms, Sanchez, Director of Development Services noticed that clearing and grading was taking place on the property; after some investigation is was determined that the property was not platted and no clearing and grading permit had been issued. The applicant was advised, through his Engineer, that in order to continue clearing the property the UDC requires an approved final plat in order for a clearing and grading permit to be issued. The applicant filed the preliminary plat application on March 12, 2012 and has indicated that they are not planning to actually construct the required improvements for file the plat. The purpose of this preliminary plat is to establish one (1) buildable lot The proposed lot conforms to the minimum lot sizes of the zoning district and has been reviewed with no objections by the City Engineer, Public Works, Parks, Inspections, Fire and Police. 14 The proposed preliminary plat is consistent with all applicable zoning requirements for the property, ordinances, and regulations of the City. Planning Department Recommendation X Approve as submitted Approve with conditions* Denial VV, IHC Ult '�Ul Ill I IIJJIuI I uan in ipuse uonumuns, uonuloorls Swum ariiy oe imposea to meet requirements of the UDC, COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission is the final approval authority of the proposed preliminary plat. in considering final action on a preliminary plat, the Commission should consider the criteria within UDC, Section 21.12.8 D. Attachments: Aerial (Maps) Exhibit 3 I'm ilz � -0FFtlA; 4 ` i ? s �, •n�u����w 0 O O � � ix � ��rh z�d sr.�'— I V J� °h'S0. m C w < F ,4 a wig }q F u:l � T n .- u W sc$w _M c! 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Vs oq �LL< m9 �'w s � -nl�c5 _ O J .6���. p.. z. < �w �csz -0tt po �`--� Its�zd O v4� E` go! oo� oil`ao �O¢ p�QD J � P V � 291 HIMA O q4 tl$abnn 'p� 8 h �$ s Will A "a a A �V° u Its�zd O v4� E` go! oo� oil`ao �O¢ p�QD lot L3 O� zSm�a �fQa `1 s *, X9 g t A M22: o� r�mC �L'ar � ZTq� U a -A 1-Z I ° n<1 `cw �n L� sr <a C c J� 291 O lot L3 O� zSm�a �fQa `1 s *, X9 g t A M22: o� r�mC �L'ar � ZTq� U a -A 1-Z I ° n<1 `cw �n L� sr <a C c J� ACCESS AND CIRCULATION: The City's Master Thoroughfare Plan proposes an east/west collector (60' ROW) designated as the extension of Tri- County Parkway and a north /south Secondary Arterial (86' ROW) designated as the extension of Wiederstein Road. The owner has identified these two streets on his master plan as they affect his property. That being said, Staff anticipates the alignment of the extension of Tri - County Parkway may change as it is studied more closely as part of the platting of the portion of property south of the FedEx tract to determine the most appropriate alignment which might involve, curving the road to the south to straddle the property line separating Mr. Vestal's property from the property owned by Mr. Marvin Voigt. Staff researched the minutes of the Planning and Zoning Commission pertaining to the platting of the Vestal Subdivision in regards to the extension of Pipestone and found that there were two variances approved in May 1995; one waived the requirement of two points of access; the second to the maximum length of the cul -de -sac. The FedEx expansion is not being required to extend Pipestone through their property. Instead Staff worked with the applicant to plan to extend Red Iron to a future interior road. This roadway network not only provides a connection to Red Iron, reducing the length of the dead end cul -de -sac (from approximately 1,800' to approximately 1,200') but it also allows for a point of access to this portion of property with the second point of access being either the connection to future Old Wiederstein Road (which ironically will be a new section of Old Wiederstein) or Tri - County Parkway. TREE MITIGATION AND PRESERVATION: The applicant will be responsible for complying with Unified Development Code (UDC) (Ord. # 11- S -15), Section 21.9.9 Tree Preservation and Mitigation which will be reviewed as development occurs. PUBLIC IMPROVEMENTS AND SERVICES: Water and Sewer: The extension of a 12" water main and an 8" sewer mains flowing back towards the intersection of Red Iron and FM 3009 will be required as development occurs. Sidewalks, Hike and Bike Trails: Will be required as development occurs and will comply with the requirements of all City Codes. Road Improvements: The roads are proposed as 60' ROW which require 42' pavement sections with sidewalks. FEES: Tree Mitigation: Tree mitigation will be paid at time of building permit. Parkland Dedication: The applicant will pay in lieu of parkland dedication at time of platting of each lot. Utility Impact Fees: Impact fees will be paid per Ordinance 90 -F -15. STAFF ANALYSIS AND RECOMMENDATION: Approval of a Subdivision Master Plan is required in order to plat a portion of a large tract of land under single ownership in order to ensure compliance with the Comprehensive Land Plan, the UDC, any additional adopted plans (water, wastewater, transportation, and drainage), the compatibility of land uses and the coordination of improvements. In many cases it is likely that the owner is not planning to develop the entire property and does not know how the land might be subdivided or in the case of commercially zoned property the uses that will be 2 developed. As such it is impractical and/or it is not beneficial to propose street names, conduct a detailed traffic impact analysis, provide an exact metes and bound, or specify specific lots sizes or dimensions in all cases. In this case providing that information serves no purpose and in fact could form the basis of assumptions that will likely prove to be incorrect. Staff is able to estimate the likely traffic pattern from the allowed uses and determine a road network appropriate to serve the subject property and the adjacent properties. Staff supports the applicant's request for the Planning and Zoning Commission to waive the following requirements; the formal survey, legal metes & bounds description, certified tax certificates, street name approvals, a traffic impact analysis form, number of proposed lots and lot dimensions. Staff anticipates proposing amending the UDC to provide greater discretion as to the information shown and supporting materials provided in conjunction with the submittal of a Subdivision Master Plan This master plan has been reviewed with no objections by the City Engineer, Public Works, Parks, Inspections, Fire and Police. This master plan complies with Section 21.12.6 C 4 of the UDC, subject to the requested waiver approval.. Approval of a master plan by the P &Z shall be deemed as a guide to the final design of streets, water, sewer and other required improvements —and in the preparation of a preliminary plat in accordance with the requirements of the UDC. Planning Department Recommendation X Approve as submitted with waiver Approve with conditions* Denial venue ure vurmnission can impose conainons; conamons snouic only tie imposed to meet requirements of the UDC. COMMISSIONERS CRITERIA FOR CONSIDERATION: In considering final action on a Subdivision Master Plan, the Commission should consider the criteria within UDC, Section 21,12B.D. In considering final action on waivers to the UDC, the Commission should consider the criteria within the UDC: Section 21.12.15 Waivers A. General The Planning and Zoning Commission may authorize waivers from the provisions of this Article when, in its opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the Planning and Zoning Commission shall prescribe only conditions that it deems necessary or desirable to the public interest. In making their findings, the Planning and Zoning Commission shall take into account the nature of the proposed use of the land involved and existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such waivers upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. Waivers shall not be granted unless the Planning and Zoning Commission finds: 1) That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area; and 2) That the granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this UDC. Such findings of the Planning and Zoning Commission, together with the specified facts upon which such findings are based, shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such waiver is granted. Waivers may be granted only when in harmony with the general purpose and intent of this UDC so that the public health, safety, and welfare may be secured and justice done. B. The Planning and Zoning Commission may establish a time period for execution of each granted waiver. 3 C. Such findings together with the specific facts on which such findings are based shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such exception is granted. Planning and Zoning Commission shall not authorize a waiver that would constitute a violation of a valid law, ordinance, code or regulation of the City. D. Any decision of the Planning and Zoning Commission regarding waivers to the provisions of this Article may be appealed to the City Council. When considering an appeal, the City Council shall consider the same standards as the Planning and Zoning Commission as outlined above. Attachments: Aerial Exhibit 4 Le