Planning & Zoning Commission Meeting Date: February 18, 2012

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Loraine Garrison
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1 Meeting Date: February, Request Reduce the required 5-foot buffer yard to accommodate a 5-foot drive approach on the northeast side of the property. Section 5. states that adjacent CM and RSF- zoning districts require a minimum buffer yard of 5 feet with vegetative screening. The buffer yard width will be reduced to 5 because an tall fence will be installed within the buffer yard. The vegetative screening requires ornamental trees per every lineal feet, canopy trees per every lineal feet, and a continuous line of shrubs. The applicant has proposed to meet the buffer yard requirement with exception of a drive approach off of FM into their lot. Zoning Acreage Location Applicant Owner CM (Mixed-Use Commercial).5 acres North of FM and East of FM generally known as FM (Marina Bay Drive). David Nemon, David Nemon Architects Jack Mariman Attachments. Photographs of Site. Proposed Site Plan. Aerial & Zoning Maps The Commission should consider the following criteria in its deliberation, which shall be utilized to substantiate its findings in order to determine the extent to which the proposed reduction would be compatible with surrounding properties. Site Attributes and Surrounding Area Access The property is not developed and there are no trees currently on the site. The surrounding area has transitioned from rural to auto-suburban character. Direction Surrounding Zoning Surrounding Land Use North RSF- Developed single family residential. South CM Existing Mixed-Use Commercial Development East PS Public-Semi Public; Clear Creek High School West CM Undeveloped Mixed-Use Commercial The proposed Dunkin Donuts would be accessed from FM on the east side of the property. A secondary access point would be from an existing drive approach and shared driveway on the south side of the property located off of FM. FM (Marina Bay Drive) Existing Conditions Master Mobility Plan Roadway Type Primary Arterial Primary Arterial Right-of-way Width feet feet Pavement Width -feet, -lanes, divided with a No proposed improvements. and Type striped median; concrete-paved Screening Section 5. states that adjacent CM and RSF- zoning districts require a minimum buffer yard of 5 feet with vegetative screening. Because the applicant plans to install an fence for additional screening the buffer yard will be reduced from 5 feet to 5 feet. The vegetative screening requires ornamental trees per every lineal feet, canopy trees per every lineal feet, and a continuous line of shrubs. The applicant has proposed to meet the buffer yard requirement with the exception of a new drive approach off of FM into their lot. Section 5-.C.6 states that in cases where shape, topography, easements, or existing buildings on a lot make it impractical to provide a required buffer yard, the City Planner or designee may recommend and the Planning and Zoning Commission may approve a maximum achievable buffer yard that provides planting and design that is consistent with the use being buffered. BP- (Dunkin Donuts) Page of February, P&Z Meeting

2 The table below compares required buffer yard width and landscaping with the applicant s proposal. The row titled Requested Amendment only contains information regarding the area where the driveway encroaches into the require buffer yard. The row titled Remainder of Proposed Buffer Yard addresses the remainder of the buffer yard where no amendments are proposed. Buffer Yard Width Canopy Trees Ornamental Trees Shrubs Fence Height Required 5 feet canopy trees (total) ornamental trees (total) feet Requested Amendment feet 5 canopy trees ornamental tree feet Remainder of Proposed 5 feet 6 canopy trees 5 ornamental trees feet Public Benefit vs. Imposed Hardship The purpose of a buffer is to lessen the impact of noise, lighting, and other similar performance standards between incompatible land uses. The applicant s proposed site plan layout proposes a new driveway that encroaches into the required buffer yard by at its st point. The proposed plan also eliminates of the required ornamental trees at this location. At the driveway s st point, there remains a buffer adjacent to the RSF- with and fence, canopy trees, and a continuous line of shrubs. Other than the proposed drive approach within the buffer yard, the applicant is in compliance with all other buffer yard requirements along the subject property line, and the plan exceeds the canopy tree requirement. Based upon the information provided, the Commission will have to determine the gain to public health, safety, and welfare due to denial of this application as compared to the hardship imposed upon the owner as a result of denial of the application. For additional information, you may contact Joey Kaspar, Planner at -55- or via at joey.kaspar@leaguecity.com. BP- (Dunkin Donuts) Page of February, P&Z Meeting

with the adjacent RSF- in the background.

3 Meeting Date: February th, BA - Dunkin Donuts: Site Photos Photo : Shared drive approach from FM. Photo : Internal driveway shared with adjacent car wash. Photo : West portion of the property with the adjacent RSF- in the background. Photo : Eastern portion of the subject property where deviation from buffer yard is requested.

4 Meeting Date: February th,

5 FM VIO L A DR I V E ET T RE L S YEL Various General Commercial COR Mixed Use Commercial 5 Office Commercial General Commercial 5 6 Neighborhood Commercial AY D W Residential Multi-Family. 6 WIN Residential Multi-Family 5 5 IL Residential Single Family T RA Residential Single Family 5 E OBO Residential Single Family 5 Residential Single Family E 6 D WOO Residential Single Family RIV U D O Y BA Dunkin Donuts 5 February, - Department of Planning & Development For Planning Purposes Only :,5 RSF- Subject Property Limited Industrial General Industrial Clear Creek High School Public and Semi-Public Open Space Various Mixed Use Commercial FM 6 F.M. BA - Dunkin Donuts 5

Planning. Buffer. buffer yard is i. The applicant. an additional 50,000 square. Ricky Jenkins. Owner. CM (Mixed. Zoning. Egret Bay Boulevard (FM

Planning. Buffer. buffer yard is i. The applicant. an additional 50,000 square. Ricky Jenkins. Owner. CM (Mixed. Zoning. Egret Bay Boulevard (FM Drainage Ditch and Undeveloped Property Austin Street and Single-family residences Undevelopedd Property and Egret Bay Boulevard Drainage Ditch, Abandonedd Drill Site, and Single- family residence Planning