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HomeMy WebLinkAboutPreliminary Plan Good Evening Mark Bombek, Staff Planner This item is for a Preliminary Plan for The Crossing at Lick Creek Subdivision located at along Rock Prairie Road south of the Williams Creek Subdivision and immediately adjacent to Lick Creek Park. The plan consists of 116 single-family residential lots on approximately 63 acres. This preliminary plan is before you tonight with the request for a discretionary item to UDO Section 12-8.3.K.5.b regarding payment into the sidewalk fund for portions of the sidewalk that is required along Rock Prairie Road west of Spanish Moss Drive( approximately 400 feet Phase 3) and east of Firebank Place (approximately 560 feet Phase 1). The sidewalk fund was created to allow a developer the option to pay a fee in lieu of construction if an existing condition was preventing the sidewalk from being constructed with the other infrastructure during the construction of the development. This is an item that can be granted by the Planning and Zoning Commission if they deem one of the following criteria a condition that is preventing the construction of the sidewalk. Staff is recommending approval of the Discretionary item as well as the Preliminary Plan. CITY OF COLLEGE STATION PRELIMINARY PLAN for The Crossing at Lick Creek 15-00900097 SCALE: 116 lots on approximately 63.179 acres LOCATION: 13500 Rock Prairie Road, generally located south of Williams Creek Subdivision and immediately west of Lick Creek Park. ZONING: R-1 B Single-Family Residential APPLICANT: Bernie Bernard PROJECT MANAGER: Mark Bombek, Staff Planner mbombek@cstx.gov RECOMMENDATION: Staff recommends approval of the discretionary item to UDO section 12.8.3.K.5.b regarding payment into the sidewalk fund for the portions of sidewalk along Rock Prairie Road west of Spanish moss drive and east of Firebank Place. Staff also recommends approval of the Preliminary Plan. Planning&Zoning Commission Page 1 of 5 June 4,2015 r V. I CL --' >- Ce ce 4 OS �� � 0 I ViCe i LUc Ids 4 xm. , ,. . • W l;'` -°` , WI7,:;'11. Planning&Zoning Commission Page 2 of 5 June 4, 2015 DEVELOPMENT HISTORY Annexation: Part of the property was annexed in 1983, the remaining portion was annexed in 1994 Zoning: A-O Agricultural Open (upon annexation), R1-B Single-Family Residential (2012). Site development: The property has an abandoned oil well site with the majority of the property being vacant and densely vegetated. COMMENTS Water: The subject tract will be served by College Station Utilities for water. There will be an 8-inch water main at the Lick Creek Park that will need to be extended to this tract to provide service. Public waterlines will be required to comply with the B/CS unified Design Guidelines with the Final Plat. Sewer: The subject tract will be served by College Station Utilities for sanitary sewer. There is currently an 18-inch main running along Lick Creek that will need to be extended to this tract to provide service. Public sanitary sewer lines will be required comply with the B/CS Unified Design Guidelines with the Final Plat. Off-site Easements: None required Drainage: The proposed development will be required to comply with the B/CS Unified Design Guidelines. Flood Plain: No portion of the single-family lots lie within the floodplain according to the F.E.M.A. Firm Panel 48041C0350E, effective date 5/16/2012. Greenways: None proposed or required for this development. Pedestrian Connectivity: Sidewalks are required for this development along both sides of all streets within the development. Sidewalks are also required along Rock Prairie Road. The applicant is proposing to construct a sidewalk along Rock Prairie Road between Spanish Moss Drive and Firebank Place. The applicant is requesting to utilize Zone 9 of the Sidewalk Fund for the portions of the sidewalk west of Spanish Moss Drive being 400 linear feet, and east of Firebank Place being 560 linear feet. The portion east of Firebank Place would be paid with phase 1 of the development. The portion west of Spanish Moss Drive will be paid with phase 3 of the development. Additionally, a pedestrian access way is provided at Planning&Zoning Commission Page 3 of 5 June 4,2015 the end of Coopers Hawk Drive to provide a pedestrian connection to Lick Creek Park. Bicycle Connectivity: Future Bike lanes are anticipated along Rock Prairie Road according to the Bicycle, Pedestrian, and Greenways Master Plan. These bike lanes will be installed with the future reconstruction of Rock Prairie Road. Streets: Access to the development will be provided from Rock Prairie Road, a future 4-lane Minor Arterial. The development proposes a network of residential streets and stubs to connections to the adjacent 210-acre tract to the west. Oversize Request: There is a request to oversize the waterline along Spanish Moss Drive to be a 12-inch line that ties into the existing 4-inch Rock Prairie line and future water line extension to Pebble Creek. Parkland Dedication: Fee in lieu of Parkland dedication in the amount of$1,261 per single-family lot will be due prior to filing the Final Plats for this development. Impact Fees: N/A REVIEW CRITERIA 1. Compliance with Comprehensive Plan and Unified Development Ordinance: The proposed Preliminary Plan is in compliance with the Comprehensive Plan and Unified Development Ordinance. 2. Compliance with Subdivision Regulations: The proposed Preliminary Plan is in compliance with the Subdivision Regulations contained in the Unified Development Ordinance, but requires the commission's decision on one discretionary item. • UDO Section 12-8.3, K.5.b 'Fee in Lieu of Construction'- The purpose of this section is to allow a developer the option to pay a fee in lieu of constructing the required sidewalk if the Planning and Zoning Commission deems there is an existing condition that would prevent the construction at the time of development. Currently this portion of Rock Prairie Road is built to a rural section, but is designated as a 4-lane Minor Arterial. Based on the criteria to determine the justification of a request to pay into the sidewalk fund, one of the criteria reads; "Existing streets constructed to rural section that are not identified on the Thoroughfare plan with an Estate/Rural context". Under this requirement the applicant believes the fee in lieu of construction is an appropriate request because the road is substandard based on its designated classification and will require future improvement and expansion. • Planning&Zoning Commission Page 4 of 5 June 4, 2015 STAFF RECOMMENDATION Staff recommends approval of the discretionary item to UDO section 12.8.3.K.5.b regarding payment into the sidewalk fund for the portions of sidewalk along Rock Prairie Road west of Spanish moss drive and east of Firebank Place. Staff also recommends approval of the Preliminary Plan. SUPPORTING MATERIALS 1. Application 2. Copy of Preliminary Plan Planning&Zoning Commission Page 5 of 5 June 4,2015 Z @ 0 c I $ .& Big rli @ g k|||| a §§. E Q § w �® CC a • k,' 4 §\ � — �� __ / / g , n ■ \/\E � - ° . / \ Le y \ � � - / / / . 6 -- \ 2 Y y , _ o , qr , -_ \\/ i / .2,7,, ,t-J° § / - \\ ® _ •- a } / - _ - / , . < -s. / ` H. G /2 5 p ~ / { j }z ©| �- a » % ��f, \//� . - R� } �� « « -� » -- _` ( x / J § . . _ 2 / / /\ � ` y ~ :, ` ~ __ `���( . � s 6'!'ii4 J . . . % EA � ~ / Le y ii0411rilik - 4 illibi irgiliff ill 1111#1 / y i \� �� s_\ J `�El�\ _ ` // > 2 Pillir f -,.."77 -_ ;! . _ �y 2 / 2 , s e © . � � \ IIIIII * «41Q!!!k $4 ",,3 . ¥< y . _\R :E _ ,iiiillP ° �` 411 / � � � � I p � ORDINANCE NO. )lZ niti) AN ORDINANCE AMENDING CHAPTER 12. "UNIFIED DEVELOPMENT ORDINANCE." SECTION 42, "OFFICIAL ZONING MAP.- OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION. TEXAS, BY CI IANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW: DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, -Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit -A" through "C" attached hereto and made a part of this ordinance for all purposes. PART 2: That any person. firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine ofnotless than Twenty-fiye Dollars($25.00) nor more than Two Thousand Dollars (S2.000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City ktk, Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED thisqh-day of February.2012 APPROVED: eRA-ve-i MAYOR ATTEST: Ci y Secretary APPROVED: AV 110.1tr City Attorney NA* Ordinance#2412-33% Page 2 of 4 EXHIBIT"A" That Chapter 12. "Unified Development Ordinance," Section 4.2. "Official Zoning Map,"of the Code of Ordinances of the City of College Station,Texas, is hereby amended as follows: The following property is rezoned from A-O Agricultural Open to R-1B Single-Familv Residential: 65 Acres S.W. Robertson Survey, Abstract No. 202 College Station, Brazos County, Texas All that certain tract or parcel of land lying and being situated in the S.W. Robertson Survey, Abstract No. 202, in Bazos County, Texas, being a part of that 749.98 acre tract conveyed to the College Station Economic Development Foundation by deed recordedin Volume 894, Page 657 of the Official Records of Brazos County, Texas, and being more particularly described as follows: Beginning in the southwest ine of Rock Prairie Road at the most easterly corner of the said College Station Economic Development Foundation 749.98 acre tract. Thence along the southwest line of Rock Prairie Road as follows: N 61° 25' 23" W 315.08 feet; N 61° 22' 34" W - 608.12 feet; N 72° 17' 37" W - 314.72 feet; N 79° 43' 24" W - 867.82 feet; N 77° 21' 49" W 127.00 feet to the northeast corner of that 677.49 acre tract conveyed to W.D. Fitch by deed recorded in Volume 1029, Page 8 of the Official Records of Brazos County, Texas; Thence S 12° 38' 11" W - 423.56 feet along the southeast line of the said W.D. Fitch 677.49 acre tract to an angle point; Thence S 26° 06' 31" E - 2136.85 feet along the northeast line of the said W.D. Fitch 677.49 acre tract to the most easterly corner of same in the southeast line of the said College Station Economic Development Foundation 749.98 acre tract; Thence along the southeast ine of the said City of College Station Economic Development Foundation tract as follows: N 64° 341 37" E - 121.00 the left (R1294.43 ) ; feet to the beginning of a'curve to = ' Along the arc of said curve through a central angle of 36° 00' 00" to the end of said curve; N 28° 34' 37" E - 1150.00 feet to the Point of Beginning and containing 65.00 acres of land more or less. Ordinance#2D12-33% Page 3 of 4 EXHIBIT"B" NOTE: The R-1 B Single-Family Residential Zoning District Regulations shall be applicable except as modified below: Conditions: 1) Minimum lot size shall be 15,000 square feet. 2) 50-foot buffer easement be placed along the eastern border of property adjacent to Lick Creek Park. This buffer easement will prohibit the placement of structures, fences and the disturbance of vegetation within the easement. 3) 100-foot buffer easement along Rock Prairie Road that will prohibit the placement of structures, fences and the disturbance of vegetation within the easement. 4) 100-foot buffer easement that surrounds the oil well site that prohibits the placement of structures, fences and the disturbance of vegetation within the easement. This easement will be in place until such time that the oil well and its accessory items and uses are no longer active and dismantled as determined by the City of College Station. • . •••NIMMIONINNOMEMINMONBIllit• Ordinance#20i2.-33467 Page 4 of 4 EKE IIBIT"C" 7 c 8 -......!--....., i „ , fl g . . 12 / I , . .1, 0 .5 (i 21 t.itq 27 1-- gzzo x I . I ligt114 , S n n 1.; .....20x ' 14-- I 1 "-- '"- C *'-'..."''`.' tz . •4,, ! t \ /4ff ' • oc7,13,E747, % Pftot':cc ' 0 IX 4 ( ) ,A .... \ cl_ fr ...,: „ .........0. -- . 1 4 ;,.....74 , ; 1 I a- lgitil 1 1.i,•4,- ,..., ; ,I Z .,.. . . w. gg _ '4'illg:irs i I i15,2°E ! .c41.0..r. 1-040, .,!.; `,.. -- itfitigi - ole ,21m8,3 1 -1 o t .'"-- 4- Mill , WI ,14. td. " -s4, A.- 1.- ' z uj E ,41E Ct. -_ 0 -V wi t..i 0 { m00 , '' `:- 4' ! t< ,`:44 f"-S 0.04- 2,, i '4, ''':),-:)A ..14 .1 ,., k- THE CROSSING AT LICK CREEK PRELIMINARY PLAN DOES NOT CLOSE GAP=1 0.00 7 _ 8 6 1 2 i 5 Scale=1:564(Feet) 1 S 16°20'18"E 314.50 7 S 78°57'13"E 492.61 2 S28°34'36"W 901.71 8 S 79°30'04"E 369.68 3 S 46°34'37"W,ch 799.93,r 1295.61 R 9 S 70°22'47"E,ch 655.81,r 2070.00 R 4 S64°42'13"W120.57 10 S61°16'25"E491.32 5 N 26°07'24"W 2136.60 6 N 12°36'17"E 402.67 Kevin Ferrer From: John Haislet Sent: Tuesday, April 14, 2015 2:14 PM To: Kevin Ferrer; Carol Cotter Cc: Alan Gibbs; Carla Robinson Subject: RE: Rock Prairie Property Attachments: The Crossing At Lick Creek Preliminary Plan.pdf; Rock Prairie Road Subdivision Plan.pdf ATTORNEY-CLIENT PRIVILEGE—DO NOT FORWARD Kevin, Was the property owner able to obtain a surface waiver from the mineral estate for the previously established 3.25 acre "potential drill site area"? If not,the way the current preliminary plat depicts that area appears confusing and potentially misleading since a surface waiver does NOT apply to the 3.25 acre tract. It was my understanding during the meeting from a few weeks back with Lance, Carol,Alan, Carla, and me that there would be a label on the plat specifically identifying the mineral estate encumbrance on the surface of the 3.25 acre tract and a plat note with similar descriptions/notations. If you have concerns with calling it a "potential drill site area", maybe calling it something such as "Surface Encumbered by Mineral Estate" might be sufficient to put future parties on notice. Regarding the portion of the PUE's that encroach into the 3.25 acre tract area, it is recommended that this issue be specifically brought up with at least Electric and Water to see if they foresee any current or future infrastructure needs for those specific areas. This week,the Texas Legislature is proposing to turn Texas municipalities' regulation of oil and gas operations on its head with House Bill 40. As such, additional future changes in the law at the state level may allow some type of oil & gas operation on that 3.25 acre tract. If such oil &gas operations were to occur,the mineral estate could require the City to remove or relocate, at the City's own expense, any city infrastructure, including the manhole, contained in the encroaching PUE's. Please let me know if you have any additional questions. Thanks, John }i its Nuoi g2, it Oik;<ta. StAtiOms itv M s as€:�' 030"We CO44aa‘ 0%0 S 0,5ik aaii�< ' 1,0101t.. i . x'7842 9797(1.34O9(1)treci-Cit HH6a11} < °cy."(14•35ll' (I,tgal i<atn) �} s,_" r•.. -181 (I ea.'°>al /1,0 d 14t- tat 4, i4ala"s'i' �l•s'^1fitf) 1 Horne rr/ I,rrr:t 1& tl (.Uitze<rvitt• �« ( 1)`slIDENft_A1,11"V' O"1k.'E: rhe information c ovaamed in this transmission nnay he(I t subject to the rlt.trrrnes-(:hent tris ileus,12)attorncs wort. product,or(31 sit ictk t ).afidential. If son are not the intended recipient ofthis rnessap,c°,:,na are ntattfieu that sots tna, not r oiest',disclose,print,copy ur iis,.raaiaa.at4 this information. If on h<tre reci+,od this transmission in error, please reply and nutif,\ the sender(onts)and delete the =s;:°- I.n;authorired interrtptn3n this e-mail nuts t)e a s'iatt<ttiun of rrritrtirtal tall. From: Kevin Ferrer Sent:Tuesday, April 14, 2015 12:32 PM To: Carol Cotter;John Haislet Cc:Alan Gibbs Subject: RE: Rock Prairie Property Hi John, I've attached the Preliminary Plan showing the PUE in the Surface Rights Retained area for your reference. I also wanted to note that a sewer manhole ends at the southeast corner in the easement. My comments are due tomorrow if you have the chance to look at it by then. Thanks, Kevin From: Carol Cotter Sent:Tuesday, April 14, 2015 11:41 AM To:John Haislet Cc: Alan Gibbs; Kevin Ferrer Subject: FW: Rock Prairie Property Hi John, At our meeting a few weeks ago, we discussed dedication of ROW in Surface Rights Retained area, but not public utility easements. The developer did shift the ROW out of the "retained" area but are showing a 10' PUE adjacent to the ROW within the "retained" are. No public utilities are proposed in this PUE with the subdivision. Although not preferable, we are okay with the proposed PUE but wanted to get your thoughts. Thanks, Carol From:Carol Cotter Sent:Wednesday, March 18, 2015 9:25 AM To:John Haislet Subject: FW: Rock Prairie Property fyi From: Carol Cotter Sent:Wednesday, March 18, 2015 9:09 AM To: Alan Gibbs Subject: FW: Rock Prairie Property This was the proposed subdivision layout from the PAC meeting. From:Joe Schultz [mailto:loeschultz84@verizon.net] Sent:Wednesday, March 18, 2015 9:03 AM 2 To:Alan Gibbs; Carol Cotter Cc: Bernie Bernard Subject: RE: Rock Prairie Property Alan, attached are the following items: 1. Release of Surface Rights which created the 3.25 acres for oil and gas production site 2. A deed plot of the mineral lease and production unit tracts—this shows the 3.25 acres within the McCullough Terry Unit Well No. 1. This property is under mineral lease and production by Enervest. 3. Surface Waiver,vol. 11226, p. 104—this waiver is from Enervest to the City of College Station and covers the entire 63.179 acre tract. Enervest agrees in this document that they will not use the surface of the 63.179 acres for oil and gas production. 4. The land survey with the area marked that was dedicated as Rock Prairie Road right of way. This right of way is located within the 3.25 acres. 5. A copy of the survey"Proposed Street ROW" sketch showing the location of where we would like to encroach into the 3.25 acres with a portion of a public street right of way. We would like to have 30 to 40' of a street in the 3.25 acres. Since Enervest,the current operator and producer of the minerals has agreed not to use the surface and the City's Ordinance would not allow oil and gas production on the 3.25 acres due to its proximity to Rock Prairie Road and the existing residential development in Williams Creek Subdivision we are confident the 3.25 acres will not be used for oil and gas production. We are not planning any residential lots on the 3.25 acres since the title company would not issue title insurance unless the mineral owner released its rights to the surface. I know the City conveyed the Rock Prairie Road right of way to itself and did not have to buy the land, but it was still conveyed as right of way without the mineral owners release. We would like to do the same thing and use a small portion of the 3.25 acres. I have copy Bernie Bernard on this email. He is leading the development team on this project and may have additional input. We are almost complete with the Preliminary Plan submittal for the subdivision but wanted to address this issue prior to submittal. Let me know if you have any questions or need more information. thanks Joe From: Alan Gibbs [mailto:agibbsc cstx.gov] Sent: Tuesday, March 17, 2015 2:45 PM To: Carol Cotter; Joe Shultz (Engineer) Subject: RE: Rock Prairie Property Joe, Can you (re)send any related maps and/or the project info that this relates to? We need a little more info to get our arms around this - and it may need to go to Legal Dept, i.e. is ROW platted, dates, etc. I know on a capital project for this very reason, coincidentally on Rock Prairie, Legal required the Mineral Owner to release rights before it proceeded. 3 Alan From:Joe Schultz [mailto:joeschultz84@verizon.net] Sent:Tuesday, March 17, 2015 2:22 PM To: Carol Cotter Subject: Rock Prairie Property Carol, I left you a message, it is about the attached and whether we can put a street in the area which the Mineral Owner did not release his rights to the surface for oil and gas exploration look forward to hearing from you thanks Joe Joe Schultz, P.E. Schultz Engineering, LLC 2730 Longmire, Suite A College Station,TX 77845 Office 979.764.3900 City of College Station Home of Texas A&M University 4