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Home My WebLink AboutCorrespondence 4 MITCHELL MM MORGAN City of College Station September 4, 2006 Development Services 1101 Texas Ave. S. College Station, TX 77840 Attn: Zoning Board of Adjustment RE: Variance Request For Culpepper and Kohl's- Floodway Encroachment Dear Zoning Board Members: The owners of the Culpepper Shopping Center are in the process of redeveloping the center. In an effort to revitalize this property, NewPlan Excel has attracted a major anchor retailer, Kohl's, to the site. The existing site conditions and the Kohl's building footprint necessitate that as part of the redevelopment we enclose a small tributary of Wolf Pen Creek underground in a box culvert. This underground storm sewer system already exists under the Fuddruckers/Sweet Eugene's parking lot and we will merely extend that system. The existing conditions on the site can be seen in Exhibit A. This exhibit depicts the existing building footprints as well as the existing tributary and box culvert system under the Fuddruckers parking lot. Pictures of the existing tributary system and the Fuddruckers parking lot are shown below. k4 1111 ila View standing in the Fuddruckers parking lot looking north toward the tributary (behind the dumpster) 511 UNIVERSITY DRIVE EAST,SUITE 204 • COLLEGE STATION,TX 77840 • T 979.260.6963 • F 979.260.3564 CIVIL ENGINEERING • HYDRAULICS • HYDROLOGY • UTILITIES • STREETS • SITE PLANS • SUBDIVISIONS info@mitchellandmorgan.com • www.mitchellandmorgan.com IllAis TMI f x, „• ' N sir '"`ew lea;'. ,+., ) \, r ,,'�� ,-, ac. ,1 ,. r R ��%. View standing in the Fuddruckers parking lot beside the dumpster looking north toward the tributary r, l i ; ,, Y , St .i 1. Y + *.,,—...,,A4'..ti.: 64414:407.1114r: ''''„ , le 44 I..4' "'//'. •7;' %....40), N ,, 4V elli q, •hf 1."' v/ � 1 iii 'F' Mj:1":::: P '•� Ape i j + \ �► f -, j'..t" _ a' y View standing in the tributary looking back toward the Fuddruckers parking lot and the existing culvert 2 • 147 • • • View standing in the Fuddruckers parking lot looking south toward Harvey Road and the existing box culvert and grate inlets in the parking lot The depth of the Kohl's building requires that we extend the pavement further back or to the east. This is necessary to provide the through movement of delivery, fire and sanitation vehicles behind the buildings. The proposed box culvert as well as the new fire lane and rear service drive circulation aisle location can be seen in Exhibit B. The City of College Station Drainage Ordinance states, "Encroachments shall be prohibited, including fill, new construction, substantial improvements of existing construction, structures, manufactured homes, or other development." The ordinance goes on to state, "The Zoning Board of Adjustments may authorize a variance to the provisions and requirements of this chapter when, in their opinion, undue hardship on the owner will result from strict compliance with those requirements, and when either of the following criteria are met: (1) There are special circumstances or conditions affecting the land involved such that strict compliance with the provisions and requirements of this chapter will deprive the applicant of the reasonable use of his land, or; 3 (2) The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. (3) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. " The prerequisites as stated in the ordinance are: "Upon consideration of the factors noted above, the specific provisions and requirements of this chapter, and the intent of this chapter, the Board may grant variances subject to the following prerequisites. (1) A variance shall only be granted upon determination that the variance is the minimum necessary, considering the flood hazard, or potential flood damage, to afford relief to the applicant; (2) The effect of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the City; (3) The effect of the variance will not increase water surface elevation, flow velocities, or alter drainage pathways to the extent that there will be any threat to public safety, extraordinary public expense, increase in nuisance flooding, or be detrimental to other portions of the major or minor drainage systems; (4) The effect of the variance will not prevent the orderly subdivision or other land, upstream or downstream of the subject property, in the City, and; (5) No variance shall be allowed within any designated floodway if any increase in water surface elevation would occur during the base flood discharge. (6) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria and procedures outlined in this Section for obtaining a variance are met, and (ii) the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety." As stated in our application the Special Condition on this property is the tributary itself and its location. The location of this existing topographic feature prohibits the construction of a rear circulation driveway given the depth of the building footprint of the Kohl's Department Store. The Hardship created is that without the ability to extend the building footprints to the rear of the center it will be difficult to attract any significant new tenants to the center to help revitalize and redevelop it. As seen in Exhibit C, the new culvert design will have as much, if not more capacity than the existing tributary system. This will be achieved with the box culvert and the overflow route over the top of the proposed rear drive circulation aisle. The 4 ability to convey the water in structures with equal cross sectional capacity will assure that • there will be no water surface elevation increase in during the base flood discharge. • Because we have not increased the water surface elevations, we have not created any additional threats to public safety. • Because we have not increased the water surface elevations, we have not prevented the orderly subdivision of other land, upstream or downstream of this property. • Because we have not increased the water surface elevations nor changed the water course, the project will not be detrimental to the public health, safety, or welfare, or injurious to other property in the City. • Because we have not increased the water surface elevations nor changed the water course, the project will not pose a threat to public safety, extraordinary public expense, increase in nuisance flooding, or be detrimental to other portions of the major or minor drainage systems Please let me know if you have any questions. Thank you for all your assistance with this redevelopment project. Sin.-,ely, / ji , (is , c, Veronica J.B. )rgan, i.E. / Managing Partner Cc: Dan Muniza, NewPlan Jim Eigenshank, Kohls 5 CITY OF COLLEGE STATION Planning cP Development Services 1101 Texas Avenue, PO Box 9960 College Station., Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 October 4, 2006 RE: Variance Case 06-00500197 — 1701 Texas Avenue South Dear Veronica: The Zoning Board of Adjustments voted (5-0) to grant the variance for the floodway encroachment for the above-referenced case. This vote was taken at the Board's regular meeting on October 3, 2006. If you should need anything else please contact me at 979.764.3784. Sincerely, Deborah Grace Staff Assistant Secretary to the Board PC: File Sent via e-mail