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Planning staff’s conservation analysis leads commission to disapprove rezoning for Fernbank Drive lot

3489669 · May 24, 2025
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Summary

The Planning Commission adopted staff’s recommendation to disapprove a rezoning at 1096 Fernbank Drive after staff said the entire 1.69‑acre parcel is within the 100‑year floodplain and conservation policy requires minimizing disturbance; the applicant had sought R‑10 to create two building sites.

The Planning Commission voted to disapprove a rezoning request for property at 1096 Fernbank Drive after planning staff concluded the parcel lies entirely within the conservation policy area and 100‑year floodplain and that greenfield development should limit disturbance.

Laszlo Martone, the planning presenter for the item, said the 1.69‑acre parcel at the end of Fernbank Drive is entirely in the floodplain and that the conservation policy requires the majority of natural floodplain and floodway to remain undisturbed in greenfield situations. Martone noted the lot was platted in 2024 with roughly 50% of the total area identified as conservation to remain undisturbed; under the existing RS‑10 zoning a single house could be built today, while the requested R‑10 rezoning would potentially allow a second unit.

Applicant Alex Crowe of Building Bordeaux/CNH Properties said the developer bought three lots at the end of Fernbank Drive, built two small homes on two lots, and sought to create two smaller building lots on the third lot so that two modest, elevated homes could be built rather than one large house. Crowe said stormwater and building code approaches for homes in the 100‑year floodplain are well‑established and that his firm has built elevated homes in flood zones elsewhere.

Commissioners expressed concern about the conservation policy and floodplain management goals. Commissioner Denton said the conservation area functions as “invisible infrastructure” that protects water quality and flood control and recommended disapproval consistent with staff’s analysis. Commissioner Clifton said the circumstances were thoughtful but that she could not support approval as a planning decision.

The commission moved to adopt staff’s recommendation to disapprove the rezoning; the motion passed. The record notes that the parcel remains zoned RS‑10 and that a single house could be built in compliance with current zoning and subdivision platting; any future requests to increase disturbance or change the conservation designation would require separate analysis and approvals.