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Council approves rezoning (Ordinance 18-33) and development agreement for Victory at Creekside LLC
Summary
After a public hearing and comments from the applicant and nearby property owners, the Little Elm Town Council approved Ordinance 18-33 to rezone approximately 1.245 acres and approved a development agreement with Victory at Creekside LLC subject to listed conditions.
The Little Elm Town Council on Tuesday approved Ordinance 18-33 to rezone roughly 1.245 acres near FM 423 and El Dorado Parkway and also approved a development agreement capturing site and design standards for the proposal.
Planner/staff (Speaker 15) reviewed the request: the applicant sought planned-development zoning to allow a single-story 7,100to 10,000-square-foot commercial building under light-commercial standards with several requested waivers (reduced landscape points, modified parking dimensions and sign standards). Staff noted the site is constrained by utility/easement lines and proximity to the floodplain; the applicant was proceeding "at their own risk" for some outstanding utility easement questions and must obtain a flood-development permit and resolve CoServ easement issues before site development permits are issued.
Cook Childrens and Kiddie Academy both raised concerns at the public hearing about potential overflow parking and impacts on daycare drop-off. Planner reported the developer subsequently worked with adjacent property owners to add parking spaces and removed higher-demand uses (restaurant) from the allowed list to reduce peak parking demand.
Applicant Drew Janoski (Speaker 16) said the development team will install additional parking spaces and work to ensure the properties can function independently with separate parking counts. "We removed restaurants as an allowed use and will fund and install parking to accommodate both properties," Janoski said.
On a motion and second recorded by the mayors dais, council members voted to approve Ordinance 18-33 subject to the conditions identified by staff (sidewalk and crosswalk provisions near dumpsters, required flood study and permit, resolution of the CoServ easement discrepancy, and landscape adjustments to avoid a fire hydrant). The council also approved a related development agreement with Victory at Creekside LLC that memorializes the site standards discussed during the hearing.
The ordinance passed and the development agreement was approved; staff emphasized required permit approvals and any substantial site changes would require returning to the review process.
