BACKGROUND/DISCUSSION:
This item is a new application from the one considered by the Planning and Zoning Commission on May 11, 2021. Due to substantial changes to the plan the previous item was withdrawn.
Owner: Lorin Boswell, Jr. Enterprises, LLC
Applicant: HHS Residential, LLC
Engineer: JBI Partners, Inc.
Existing Zoning: MF1 and NC
Ultimate Land Use Plan: CC and SF2
Proposed Zoning: PD/SF3
Background
On May 11, 2021, the Planning and Zoning Commission considered a previous proposal for a Planned Development (PD) for the Villas at Willow Creek Comments were received from the surrounding community primarily in opposition to the proposed development. The comments received included the following concerns:
- Increased neighborhood traffic and cut through traffic from Old Decatur
- Decrease in property values.
- Increase in crime.
- Invasion of privacy from multi story structures overlooking backyards and increasing a buffer area between the development and the single family development to the south.
- Funding of infrastructure costs.
- Overcrowded schools.
- Impact of the loss of potential business.
- The quality of the completed product (e.g. building materials).
Based on the large number of concerns staff recommended that the item be continued to the June 8th meeting to allow time for the developer and the community to meet and seek resolution to the issues surrounding the project.
In response to increased traffic congestion, a memorandum has been provided from the City Engineer that compares trip generation that would be generated from the existing zoning with that of the proposed Villas of Willow Creek.
A memo from Eagle Mountain Saginaw Independent School District is included regarding the capacity of Willow Creek Elementary. Comparing the existing zoning density to the proposed shows that the existing 11.5 acres of MF1 zoning will allow 207 dwelling units (11.5 acres x 18 D.U./acre). The proposed PD zoning for 20.86 acres will allow approximately 167 dwelling units (20.86 acres x 8 D.U./acre). The number of dwelling units and average population would be reduced by approximately 19%.
Subsequent to the continuance by the Planning and Zoning Commission, on May 19, 2021 the developer convened a public meeting to share information and receive feedback regarding their proposal. In addition to staff and the developer, approximately forty (40) people showed up for the meeting.
The developer reviewed the proposal with those in attendance. The attendees voiced concerns similar to those heard by the Commission in May. The developer was responsive in trying to answer their questions and issues.
After the May 19, 2021 meeting, the developer submitted a revised development plan in response to the neighborhoods concerns. Major revisions included:
- Shifting a private street to the south side of the developer and increasing distances between the Villas of Willow Creek dwelling units and the neighborhood.
- Eliminating the extension of Westwood Drive through the development, thereby eliminating the cut through traffic.
- Providing exterior coverage on the dwellings with 75% masonry (brick) 100% of the front façade as masonry with the exception of doors, windows and dormers.
- The new plan clarifies that the minimum floor area shown in the exhibits are exclusive of the garage.
- In addition to the Exhibits that will be used in the PD Ordinance, the developer has submitted a schematic comparison of the previous plan with the current proposal.
The cluster diagrams (Exhibits “D” and “D-1”) are unchanged except that the minimum distance between structures has been reduced from 10’ to 9’ to account for masonry veneer. Distances to private streets have been reduced to 4.5’ for the same reason.
The Planning and Zoning Commission met on June 8, 2021. After receiving an update from the developer on the revised proposal and hearing additional comments from the public, the Commission recommended denial of the request by a vote of 3 to 2. The recommendation was forwarded to the City Council for consideration at its June 15, 2021 meeting.
On June 15, 2021, the City Council postponed the item until its July 20, 2021 meeting at the applicant’s request.
On June 30, 2021, the developer convened a second community meeting to provide an update on changes to the plan since the Planning and Zoning Commission denial. Those changes are consistent with the ones described above and were the result of the previous dialogue between the community and the developer.
The issue was raised that the City cannot enforce building materials. In response, the developer agreed to enter into a Development Agreement that would bind him to the building materials that were proposed to the community. In addition to the architectural standards, the agreement provided for the following:
- That the project would be constructed in accordance with the Development Plan attached to the agreement.
- Provision for an 8’ wood screening fence along the perimeter along the south and west property lines of the development and an 8’ masonry screening fence where homes back or side to a perimeter street prior to allowing occupancy of a dwelling in the development.
- The extension of of Westwood Drive (right-of-way) will be abandoned with the final platting of the property.
- The City will waive building permit fees within the development up to $10,000 in consideration for the agreed to provisions.
The layout has been revised several times to comply with Fire Department concerns over access and fire protection and setbacks from the Fire Lane to provide sufficient depth for driveway parking. There will be a requirement during the platting phase to secure an offsite utility easement from the property to the west to provide for a loop of the public water system. In addition to these provisions the buildings will have fire sprinklers.
Staff received a comment from a Councilmember questioning the safety of the development due the close proximity of the structures. The Fire Chief provided a response to the City Manager in a July 22, 2021 email that is an attachment to the packet.
The Planning and Zoning Commission considered the request at its August 10, 2021 meeting and unanimously recommended approval.
FINANCIAL IMPACT:
N.A.
RECOMMENDATION:
The Planning and Zoning Commission voted unanimously to recommend approval of the amendment to the 2016 Comprehensive Plan Final Development Plan and to change zoning from Multi-Family (MF1) and Neighborhood Commercial (NC) to Planned Development (PD) for The Villas at Willow Creek development as described.