City Council Meeting

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Meeting Date: 04/02/2019  
Contact: Edlyn Vatthauer
File Number: Z-1394-19  
Date Filed: 02/06/2019  
Location: South of Silver Creek Drive and along Heath Creek and west of Creekview Court
Size of Request: N/A  
Number of Lots: N/A  
Current Zoning: PD-93
Applicant: John Arnold  
Owner: John Arnold

Consider Zoning Case Z-1394-19; an amendment to Planned Development-93 (PD-93) to remove the requirement for a trail along Heath Creek, and adopting Ordinance. The trail is located south of Silver Creek Drive along Heath Creek  and to the west of Creekview Court. Applicant and Property Owner: John Arnold.
The Planned Development for Silvercreek Meadows (PD-93) was approved by City Council in May 2003. At the time the Site Plan for the Planned Development was being created, staff asked the developer to extend a section of the City Trail System along Heath Creek, west of Creekview Court, in lieu of paying parks fees.

Once construction of the infrastructure for the first phase of Silvercreek Meadows was complete, staff found that most of the trail was built on residential lots (Lots 13-20), rather than within an easement along Heath Creek. This being the case, the City could not accept dedication of this trail. Furthermore, the City would not allow further permits for lots where the trail encroaches.

The developer of Silvercreek Meadows met with the property owners on whose lots the trail was built. These property owners were not opposed to the trail staying in place as long as there was a barrier placed at each end of the trail that was to remain. This portion of trail will in effect be a private trail owned by the property owners of Lots 13-20, as shown on the Site Plan. Each property owner would own the part of trail on their property. The developer still owns Lots 11 and 12 and will remove the trail that exists on these two lots.

This amendment to PD-93 is being requested in order to remove the requirement for this public trail and therefore allow the developer to amend the plat to remove the Trail and Pedestrian Easement shown on the plat at the rear of lots 11-20 of Block B. This will then allow the builder to get building permits for Lots 11 and 12.
Staff notified property owners within 200 feet and published a “Notice of Public Hearing” as required by law. Forty-two (42) notices were mailed to adjoining property owners. Nine (9) replies within 200 feet were received in favor. One (1) reply was received in favor outside of the 200 feet. One (1) reply was received in opposition.


RECOMMENDATION: The Planning and Zoning Commission considered this request at their March 12, 2019, meeting and recommended the motion to: Approve Zoning Case Z-1394-19; an amendment to Planned Development-93 (PD-93) to remove the requirement for a trail along Heath Creek with the following stipulation:

1.  A solid barrier be placed at the west end of the trail, just to the west of Lot 20, Block B and a solid barrier be placed to the east end of the existing trail just to the east of Lot 13.

Staff recommends approval of the request to amend PD-93 to remove the requirement for a trail along Heath Creek.
Motion by Councilmember Moore with a second by Councilmember North to approve as presented. Motion passes 7-0.
Attachments for Case Z-1394-19
Ordinance for Case Z-1394-19 with exhibits
Ordinance without exhibits for case Z-1394-19


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