Oakridge Terrace Concept Plan
Frequently Asked Questions
The Oakridge Terrace Concept Plan proposing single-family home development of the golf course property has had two public hearings before the Planning and Zoning Commission (P&Z); July 27, 2016 and October 26, 2016. During those meetings, many citizens expressed concerns and asked questions about the proposed development and the development process in Harker Heights. Below is a summary of the most often mentioned issues or questions, and the City’s responses to those issue or questions. 1. The property shows on the Bell County Tax Records to be “commercial”, if the County zoned it that way how can it be zoned by the City as R-1 (Single Family Residential)?
Bell County does not have zoning authority. Bell County will list a use on the tax rolls for a piece of property. In the case of the golf course the use listed is commercial. The City has zoning authority within its limits per the Texas Local Government Code. As such, the zoning for the property is that identified on the City’s zoning map which is R-1 (Single-family residential). The use listed by Bell County does not have any bearing on the zoning of the property. 2. When was the property zoned to R-1?
The property was zoned R-1 by ordinance 89-12, adopted by the City Council on August 22, 1989. A copy of the ordinance can be obtained from the City Administration office or downloaded from the City’s website at www.ci.harker-heights.tx.us/docs/ord89-12.pdf, 3. There are State and Federal regulations in relation to development, when do these get incorporated into the review of this development?
State and Federal regulations are incorporated into the City’s Code of Ordinances and are examined during the platting phases of the development process. The concept plan is a process, laid out in the City’s Code of Ordinances, where the developer provides a rough idea of how they wish the property to be developed, it does not require detailed engineering calculations. Here are the items that the Code of Ordinances calls for in relation to Concept Plans (from 154.20 of the Code of Ordinances):
(d) The concept plan shall contain or have attached thereto the following:
1. Name of the developer, record owner, and authorized agents, proposed name of the development.
2. A layout of the entire tract, including internal lots, and its relationship to adjacent property, existing development and recorded plats, showing the existing property lines of the land being subdivided, north indicator, and scale.
3. Topographic contours available from the U.S. Geological Survey.
4. Significant drainage features and structures including any regulatory one-hundred-year floodplains, the location of existing watercourses, dry creek beds, wells, sinkholes and other similar features.
5. Specific information related to land use for the proposed development and adjoining property for a distance of 300 feet. 6. Building placement and building envelopes.
7. Parking layout.
8. General landscaping and buffer areas.
9. Location of all existing and proposed water and sewer lines.
10. All existing and/or proposed public utility easements and private easements.
11. Location of all existing and proposed stormwater drainage easements or onsite detention plan.
12. Location of all existing and proposed streets, sidewalks, alleys, and access points.
13. Vehicular circulation/ connectivity plan.
14. Location of all existing and proposed fire/emergency vehicle access lanes.
15. Location of all existing and proposed fire hydrants
4. What about drainage concerns in the area and how this development will further impact them? How and when will this be addressed by the developer?
These issues will be addressed with detailed calculations at the preliminary and final plat stages. The City’s Engineer has already made a point to the developer that drainage issues are a concern. The Concept Plan shows a provision for two water detention areas as part of the development. The exact number and size of these as well as how drainage will be directed to them will be covered during the preliminary and final plat stages. 5. Why does the City not enforce deed restrictions? Doesn’t section 154.62 of the City’s codes require the City to ensure they are enforced?
The City does not maintain or enforce deed restrictions. Deed restrictions are private contracts and can be enforced through private means. The City only enforces the City’s codes.
Section 154.62 of the Code provides resolution when there are conflicts between City laws and other public laws. This section simply states that the stricter of the two laws in conflict shall be enforced. This section also states in relation to private deeds that the City does not repeal them but any stricter ordinance by the City shall govern. Section 154.62 is provided in its entirety for your review:
154.62 Conflict with Other Provisions
(A) Public provisions
. The regulations are not intended to interfere with, abrogate or annul any rule or regulation, statue or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
(B) Private provisions
. These regulations are not intended to abrogate any private easement, covenant or any other private agreement or restriction; however, where the provisions of these regulations are more restrictive or impose higher standards or regulations than such private easement, covenant or other private agreement or restriction, the requirements of these regulations shall govern.
(Ord. 2010-08, passed 3-9-10) 6. What about concerns of traffic and traffic safety that this new development might cause?
The City will require the developer to complete a Traffic Impact Analysis by a third-party engineer during the platting process. 7. How will the development ensure adequate water pressure without harming the pressures of surrounding owners?
The Fire Department has tested the fire hydrants in the immediate area and determined their outputs exceeded minimal requirements set by the Texas Commission on Environmental Quality (TCEQ). Infrastructure evaluation as to capacity and service would be examined in detail in the platting phases of the process but must meet minimum TCEQ standards. 8. What about the issue of septic system infrastructure that is built across property lines and onto the property proposed for development?
The Bell County Health Department representative brought this issue to the City’s attention. The encroaching systems are a private matter between the owner of the proposed development and the owners of the encroaching systems. Staff has made the developer’s engineer aware of the concerns and requested that if there was way to plat the lots that may allow a resolution that would be desired. This will be up the developer during the platting phases.