Planning and Zoning Denies Rezoning of Oasis Manors Phase 2 and Reduces Negative Tree Credits
March 26, 2018 - A public hearing to consider a rezoning application of First Crescent for a Planned Development, known as Oasis Springs Manor Phase 2, located at 11 and 15 Maxwell Lane was mired in confusion by the developer’s lack of clarity with the commission.
The subject property, 5.013 acres located on the east side of Maxwell Lane, just north of McMillen Road was purchased by the developer of Oasis Springs Manors. Maxwell Lane is a private road with a shared 40 foot access easement. First Crescent proposed to rezone these two properties from Single-Family Residential 20 (SF-20) to a Single-Family Residential-9 (SF-9) with a Planned Development District overlay to create 14 single-family residential lots.
As previously mentioned, Maxwell Lane is currently a private road. The developer planned to dedicate and improve a portion of this private road easement as a new publicly dedicated street. Maxwell Lane, and the new easements required to accomplish his plan, became part of the confusion. The developer stated he had agreements to secure the right of way from other property owners when he in fact had no legally secured agreements. This caused the Sauters, property owners to the North, whom had changed their objections to the project, to agreement, to rise during public comments and renew their objection based on the lack of a legally secured agreement for the road improvement. Concerns over deed restricted covenants by an adjacent property owner, the lack of binding agreements and the proposal being surrounded on three sides by SF-20 ultimately lead to the application being denied by the commission.
The commission passed updates to the Tree Preservation Ordinance. According to staff, “The Tree Preservation Ordinance has created some difficulty with several recent commercial developments. Murphy's tree replacement ratios, referred to as negative credits, are unrealistic and considerably higher than other cities.” The negative credits change was given in the following example of recent developments: Timber Ridge Center – the existing code resulted in 1,370 negative tree credits. Applying the proposed code would result in 629 negative credits. Full Spectrum – the existing code results in 540 negative tree credits. Applying the proposed code would result in 270 negative credits. The changes move on to council for a vote.