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Home My WebLink AboutMisc '~~.pf~ .> CITY OF COLLEGE STATION ~ ~ . PLANNING DIVISION . . . . Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3570 September 22, 1988 MEMORANDUM PRESUBMISSION CONFERENCE TO: Planning and Zoning Commission -M,artin;lliley, Riley Engi.nee:ring .C.o. Hank McQllaide, BrazoslandProperties, Inc. NCNBNational Bank, College Station .Jim. Callaway ,Director of Planning\G DavidPullen,City Engineer BillRiley,Water&SewerDesignSupervisor Ray Havens, Electrical Superin~endent LaVernAkin,GTE Shirley Yolk, Planning Technician FROM: SUBJECT: Final Plat - Amending Plat rifGlenhaven Phase III (88-211) A Presubmission Conference was held onWednes.day, September 21, 1988, to review the <subject amending plat, and staff recommends approval with thefol1,owingcondi t ions *: 1.. Mr. Riley advised that water and sewer changes arebei'ng reviewed,sndapproval is pending.. He di.d inform the engineer that the linearfo'ot distance ref.eren,cesmadeon.the construction documents may well be in error, and the exact distances will be those being considered. Coordinate with the Water & Sewer Division to correct any problems on the.docum.ents. 2. Mr. Havens stated the electrical changes are being reviewed and approval is pending. He did inform the engineer. that if any utility poles have tobemove.d,any cost incurred will be solely the responsibility of the dev.eloper or builder, and must be done before any construction begins. ;, ( . ~.~p 't 3. Mrs. Akin informed the engineer that some telephone pedestals .wi llbe located in the middle of some of the new lots being de.", ~l;<?J?~,d, .....find ..... ifj~nr ......~..~..~..~ s.~~~sll.a yet<>. J)'~Dl().ve d ~.."" t 11~.._<:,~~t. .~.'f. '.._ '-'rel.ocat'i"n~g . t'h"epedesta-l'-(s) . wl11"'be' .ent'il--el'y" "-the r,esponsib i 1 i ty of the developer or builder. Coordinat.e w~th GTE. City Engineer Pullen and Planning Director Callaway indicated they have no ,pr9blem~withtbeamendingplat. .*Any changes to an approved plat must -be cleared thr.ough the Planning Division. THIS'AMENDINGPLATWILLBE INCLUDEDON.THE PLANNING AND ZONING COMMISS ION AGENDA FO;RTHEMEETINGOFOCTOBER6TH. ~'. 212.016. . AmendIng Plat (a) The municipal authority responsible for approving plats may approve and..issuean anlcnding plat# which may be recorded and is controUing over the preceding plat without. vacation of that plat, if the amending plat is signed by the ~pplicants only and the sole purpose of the arnending plat is to: (1) correct an error in a course or distance shown on the preceding plat; (2) add a course or distance that was omitted on the preceding plat; (3) correct an error in a real property description shown on the p~eced- ing plat; (4) indicate monuments set after the death, disability, or retirernent from practice of .the.'engineer or surveyor. responsible for setting monuments; (5)' show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to 'location or character' on the preceding plat: other type of scrivener or clerical error or omission ~ 'ed by. the municipal' authority responsible. for approving1 494 "(4)' to indicate monuments set after death, disability, or retirement from practiceof.the.engineer orsurveyorchargeJ witlt respop.sibilities for settingnlonUlnents; li(3). to correct an on · thepTior plat; error in the description o/the real properly shown "(2) plat; "Non....ithstanding any other provision of this section. the City Plan- ning C0l11mission. or. other appropria.t~goYernit1gHbodyofa . city is authorized to approve and issue anamendingp.fat . which is signed by the applicants only, and which' is /or one ornzore of the purposes set forth in this subsection, and such approvalondissuQnce shall not require notice, hearing, or approval of other lot owners.. This subsec- tion . shall apply only if the sole' purpose of the amending "plat is: if I) to correct an error inanycourseordistance shown on the prior plat; to add any course or distance that was.' omlttedon the prior Amendment by Acts 1987, 70thLeg.,ch.U02, ~2 Section 2 of Acts 1987, 70th Leg.,ch.f 102, purports toalnend subsection (d) of 9 5 of vernon s Ann. LYv. SI. art. 974a {now, this section] wichout reference to the repeal of said article by Acts 1987, 70th Leg., c/z. 149, S 49(1). As so amended,~5(d)reads: (d)' Compliance with Subsections (h) and (c) is not required for approval of a'replat of part.ofa preceding. plat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally. recorded restrictions applicable to the plat. Acts 1987, 70th Leg., ch. 149, ~ 1, eff. Sept. 1, 1981. (b) Notice, a hearing, and the approval of 0 thcr lot for the approval and issuance of all amending plat. Acts 1987, 10th Leg., ch. I, efL Sept. 1, 1987. (c) If 20 percent or more of the owners to whom notice is required to be given under Subsection (b) file with the municipal authority responsible for approving plats a written protest of the replatting before or at the hearing, the municipal authority shall require for thereplatting the written approval of at least 662/3 percent of the owners of all lots in the . preceding plat or of the owners of lots located within' 500 feet ."of .the Jots. to be replatted. if the preceding plat contains more than 100 lots.. In c(unputing percentages of ownership~each lot is considered equal to an other lots regardless of size or number' of owners, and the owners {)f each lot are. entitled. to cast' only one vote per lot. . ",. newspaper or a newspaper of general circulation in the county in which the nlunidpality is located and by written notice, with a copy of Subsection (c) - attached1'. fonvarded · by the municipal authority responsible for approving plats totheowners, as indicated on themostrecentiyapproved ad valorem tax ron of the municipality's governing body, of all lots in the preceding plat The written notice. may . be delivered by . depositing the notice, properly addressed with postage prepaid, in. a post office or postal depository 'within the boundaries of the municipality. If the preceding plat contains more than 100 lots, the written notice shall be mailed only to the owners of lots located within 500 feet. of the lots to be replatted. pIals, including lot nunlbers, acreage, street adjacent r:ccorded-plat~__ _ __ (7) correct. an error in courses. and distances of lot lines between adjacent lots if: (A) both lot owners join in the. application for amending the (B) neither lot is abolished; (C) the arnendmentdoes not attempt to remove recorded covenants or restrictions;. and (D) the amendment does not have a material adverse effect on the property rights of the other owners in the plat; (8) relocate a lot line to eliminate an<inadvertent encroachment of a building or other improvement on a lot Hneoreasement; >or (9) relocate one or more lot lines between one or more adjacent lots if: (A) the owners of all those lotsjoin.in theapplicatioll for amending the plat; (B) the amendnlent does not attempt to remove recorded covenants or restricti ons;and (C) the amendnlent does not increase the number of lots, owners are notrequired 149, ~ 212.015 LOCAL GOYVE~~M.ENT CODE Title' 7 REGUL.\TORY AUTHORITY Ch. 212 lames, and identification ~ 212.016 AGBNDAITEMCOYER SHEET ITEMS SUBMITTED By:_____l~_Q~!!~A!~!______I!L~tltllt!g_IlI~AI!I~lliI___ (name) (department) FO RCOUNC I L. 'ME ETI NG OF: ____1'.H!1~~~~.Y.1_Qg.!Q.DEH_.!~.2.-1~~~___---________ ITEM: A public hearing to consider a final amending plat of Glenhaven Estates Phase III subdivision (88-211) ITEM SUMMARY: This amending plat reduces the number.ofundeveloped lots in this small phase of a largersubdi.vision from 15 lots to 14 lots, thus increases the size of the lots. FINANCIAL SUMMARY: n/8 STAFF RECOMMENDATIONS: Staff recommends approval as submitted by applicant. P&Z voted una.nimous lytoapprove thepropos<al on 10-6--88. CITY ATTORNEY.'.RECOMMENDATIONS: n/a SUPPORTING MATERIALS: I. Application II. Presubmission Conference Report I I I. Plat J loca t.i on.map AGENDA' ITEM'" 'COVER' SHEET ITEMS SUBMITTED BY: 3.. CALLAWAY . PLANNING, DEPARTMENT ------{i;;;;)------------------(d;part;;iit)-- FOR COUNCIL MEETINGOF:_--__.!H.Y.E~~!.x..l_QQ1Q~j;H_.!~.J._}~~~____________ ITIM: Consideration of a final amending plat of Glenhaven Estates Phase III subdivision. ITEM SUMMARY: Summary covered under previous agenda item. FINANCIAL SUMMARY: nla STAFF RECOMMENDATIONS: Staff recommends approval as submitted by applicant. P&Z voted unanimously to approve the proposal on 10-6-88. CITY ATTORNEY RECOMMENDATIONS: n(, SUPPORTING MATERIALS: