The Advocate, NOTICE - - - BY COUNCIL MEMBER FRALICK (Case No. TND-1-15) CITY OF CENTRAL ORDINANCE NO. 2015-30 TO GRANT A CONDITIONAL USE PERMIT AND FINAL PLAN APPROVAL FOR A TRADITIONAL NEIGHBORHOOD DEVELOPMENT LOCATED ON THE WEST SIDE OF SULLIVAN ROAD SOUTH OF THE WAX ROAD INTERSECTION NEAR THE BRENT AVENUE INTERSECTION (THE SETTLEMENT ON SHOE CREEK) WHEREAS, application has been made by Shoe Creek, LLC, for a conditional use permit and approval of a Final site plan for a Traditional Neighborhood Development including a waiver to the residential density restrictions pursuant to Chapter 14 of the City of Central Comprehensive Zoning Code on an approximately 135.3 acre site that is currently zoned R-1, R-2 and B-4 and is designated Medium Density Residential, Low Density Residential, Restrictive Greenspace, and General Commercial land use in the Master Plan; and WHEREAS the development is proposed to include 447 single family detached and attached residential lots, 250 multifamily residential units and 100,000 square feet of commercial space; and WHEREAS, subject to the conditions set forth in this ordinance, the proposed Traditional Neighborhood Development is consistent with the zoning and uses of surrounding properties and the Master Plan and is suitable for the purposes for which it is to be developed; and WHEREAS, a public hearing was held on June 25, 2015 before the City of Central Zoning Commission; and WHEREAS, the Zoning Commission recommended approval of the Final Development Plan subject to certain conditions. NOW THEREFORE, BE IT ORDAINED by the Council of the City of Central, State of Louisiana as follows: Section 1: That the property that is the subject of this Ordinance is legally described in Exhibit A attached hereto and made a part hereof. Section 2: That the subject property is hereby granted a conditional use permit and approval of the Final Development Plan for the Traditional Neighborhood Development proposed, including a waiver to the residential density restrictions, subject to the terms and conditions set forth in this Ordinance. Such documents and modifications thereto which condition this approval and to which the development is subject are the following: 1. Final Development Plan for the Settlement On Shoe Creek, dated June 5, 2015, Sheets 1-12, by Southern Lifestyle Development Co., LLC. 2. Letter to Woodrow Muhammad, AICP, Planning and Zoning Director, from Prescott Bailey, Southern Lifestyle Development Co., LLC, dated June 10, 2015. Section 3: Approval of the conditional use permit and Final Development Plan is further subject to the following terms and conditions: 1. All buildable lots shall further conform to the TND Ordinance at permitting. 2. Signage and lighting plans shall be submitted with the constructions plans for further review. 3. Sewer servitudes shall be dedicated between designated lots or along boundary lines to adjoining properties to allow for future connections to public sewer. 4. All future final plats shall comply with applicable DRC comments. (See Attachment B) 5. Additional Access: No final plan approval may be granted for any of the commercial space or multifamily residential units unless the proposed final plan for that phase includes the construction of at least two access points one to Sullivan Road and the other connecting the phase to Wax Road (or to an earlier phase that has a connection to Wax Road) and/or no occupancy shall be granted for a Phase 1 building lot until a secondary access is secured as proposed in the Final Development Plan. 6. Sagebrush Avenue: No construction traffic shall use Sagebrush Avenue. The applicant shall assure that all construction contracts for any phase of the development include a prohibition on the use of Sagebrush Avenue. 7. Sagebrush Avenue: The paved roadway connecting the Shoe Creek development should not be dedicated as a public street; therefore allowing bollards to be used across that surface that would allow foot traffic and bicycle traffic from Morgan Place into Shoe Creek and vice versa. 8. Any major changes as defined by Code, Council and/or the Zoning Commission shall be subject to Planning Commission approval especially with respect to Phase 3 (West of Shoe Creek) connectivity to Sagebrush Avenue and/or the extension to Wax Road. 9. The apartments will not be allowed more than two people per bedroom. 10. The apartments in the second phase (40 units) will not be allowed to start or be submitted for approval until a 75% apartment occupancy is reached in the first phase (210 units). Section 4: The specific terms and conditions of this Ordinance shall prevail against other ordinances of the City to the extent that there may be any conflict. Except for the foregoing, the development of the subject property is subject to the terms of all applicable ordinances and regulations of the City of Central, including any amendment thereto. Section 5: Severability. If any section, subsection, sentence, clause or provision of this Ordinance is declared by a court of competent jurisdiction to be invalid, such declaration of invalidity shall not affect the validity of the Ordinance as a whole, or parts thereof, other than the part declared invalid. The remainder of the Ordinance shall not be affected by the declaration of invalidity and shall remain in force and effect. Section 6. Effective Date. This Ordinance shall be effective upon publication. Introduced before the Council on 14th day of July, 2015. This Ordinance having been submitted to a vote, the vote thereon was as follows: For: Evans, Fralick, Messina, and Vance Against: None Absent: None Recused: Ellis Adopted the 28th day of July, 2015. Signed the 29th day of July, 2015. Mark Miley, City Clerk Approved: I. M. Shelton, Jr., Mayor 5164989-aug 11-1t - PUBLIC NOTICES/MISCELLANEOUS
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