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HomeMy WebLinkAboutMinutes 'i.*~CITYOFCOLLEG.E STATION \SII ... .. . ..LEGALDEPARTMENT ..... ........ Post Office.Sox 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3507 MEMORANDUM TO: Jane Kee, Senior Planner RE: Cathy Locke, CitYAttorne}'C~ Subdivision Regulations FROM: DATE: December 2, 1992 Question: You ask whether ,a request to go "totally against regulations, "i..e.,noplat,needs to go to the city CounciJL or Planning. and. Zoning ...commission? Short Answer: Theapprovalofbpth t.hePlanning.andzoning Commission and the City council is . necessary to grant a var:lance. Explanation: The City of College station subdivision Regulcitions provide for the issuance of variances in Section 5. Sectiol15-A provides in. pertinent partas...........follows: The council and commission. may authorize a variance from the regulation when, in their opinion, undue hard.- ship will result from requiring strict compliance. In granting the variance, .. the . council and commission shall prescribe only conditions that it . deems not prejudicia:l to the public. interest. Ot.her than the obvious lack of agreement between noun and vl~rb in the .. second sentence this section <.seems ..to require the agreelnent of the commission andthecouncilindordertoallow for the issuance of a variance. Local Government Code section 212.006(a} provides asfollow~;: Themunicipalauthorityrespons tbief or approving plat~; under this subchapt.er .i5 .themunicipalplanning commis.- sion or, if themuni9ipalitx-has.. no planning commis~ sion, the governing body ef the1l1unicipality. The governing body by ordinanpemayrequire the. approval o.t the governing body in addition to that of the . municipa.Z planning commission. Since this ordinance provision is in accord with the statut.~ then the approval of both. bodies. is required. ~ CL:di 120292 di/alplat RECEIVED D EC 0 3 1992 AGENDA ITEM . NO. 5: E.T.J. (92-223) Consideration of a final plat..of the Crossroad Woods. Subdivision located in the Assistant to the City . Engineer Morgan. presented the staff report. A Presubmission Conference was held on Wednesday, December 2, 1992 to review this plat. Staff recommended approval of the plat with the condition that a vicinity map be placed on the final plat. Applicant Edsel Jones approached the Commission and offered to answer any questions pertaining to the proposed final.plat. Commissioner Mariott moved to recommend approval of the final plat of the Crossroad Wood Subdivision locatedin theE.T.J.withthe condition that a vicinity map be placed on the final plat. Commissioner Gribou seconded the motion which passed unopposed. (6 . ~ 0) AGENDA ITEM . NO. 6: Texas. Avenue. (92-224) Consideration of a .final plat. of. the Red Line .Subdivision located s,t 2401 South Assistant to the City Engineer Morgan presented the staff report. A Presubmission Conference was held on Wednesday, December 2, 1992 to review this plat. At that time discussion occurred regarding easements that will be necessary at the time of site plan. The applicant has agreed to provide a subsequent amending plat to provideifor those easements. Staff. encouraged rear. cross' access between this property and the Commerce National Bank site~Theapplicant has requested that sidewalks not be required along Texas Avenue. Staff agrees that sidewalks should not be required because there are not any sidewalks located along t.his particular strip of'Texas Avenue. Commissioner . Mariott moved to recommend approval.of the final plat of the Red Line Subdivision with the staff recommendation to not require sidewalks. along Texas Avenue. Commissioner Lane seconded the motion which passed unopposed (6 ~.O). AGENDA ITEM NO.7: Water~upply. G92-821) Consideration of a variance . request to the platting requirements by Wellborn Senior Planner Kee explained that staff received a request from Wellborn Water Supply Corporation to waive the platting . requirements for the purchase of some . property adjacent to . their .existing facility. The property is located .. in . the E.T.J. of College .....Station just. east of Wellborn Road at the Greens . Prairie cutoff. Mr. Darrell Ambler: is desirillg..to sell a two acre tract of land contiguous to Wellborn Water Supply's existing facility in order that they may expand their operation. This two..acre tract is out of a 12.75 acre tract that was previously platted for the old townsite of Wellborn according .to.mr. Hugh Lindsay, Attorney at Law. Wellborn Water Supply's justification for th.evariance is to allow the process. to. be expedited in order that they can expand their operations .as soon...as possible. The .applicant did. not identify. a hardship. other than tin ling. In the absence. of a legitimate hardship, staff would have . to recommend . upholding the ordinance. .. In this. particular case, waiving the .platting requirements does not. compromise the public interest as there. are no .rights~of~way or easements involved and utiIitiesare provided by others. However, one of the benefits of platting, maintaining clear land records, would not be achieved. General Manager of Wellborn Water Supply, Mike Hensarling, approached the Commission and explained that when the land was contracted, the seller was not aware ofqny platting requirements. The owner cannot afford to have the engineering work necessary fora final plat and Wellborn Water Supply is not willing to pick up these additional costs. Commissioner Hall moved to. recommend approval of a variance.. request to the platting requirements by Wellborn Water Supply. .. Commissioner Lane seconded the motion which passed,{5 - 1); Commissioner Smith voted in opposition to: the motion. AGENDA ITEM NO. 8: Subdivision. (92-310) Take action on the previously considered preliminary plat of Oakbrook Valley Senior Planner. Keeexplained that at the last Commission meeting, the motion to approve the Oakbrook Valley preliminary .plat.as submitted was defeated .by .a. two to four vote. Staff inferred that the (~ommission's City Council Workshop Meeting Thursday, January 14, 1993 Page 2 (2.7) Bid #93-16 -Purchase. approval of eight police radar. units, Police Dept. Funds available. as budgeted in theFY 1992-93 General Fund, staff recommends award. to Applied Marketing Concepts, total expenditure $16,660. (2.8) Approval of bid ,for construction of sidewalks, crosswalks, and handicap r;amps adjacent to the Wolf Pen Creek Phase I project. Staff recommends approval of low bid from Young Brothers, Inc. including Alternate 2 fora total amount $45,500. PLATS (2.9) Approval ofa final plat for Crossroad Wood located in the ETJ one miles,outh of Wellbomstore.ApplicantEdsel]ones. Planning and zoning Commission recommended approval with theadditionoJa vicinity map as requested by the :PRC. (2.10). Approval. ofanamendingfmalplatforTimber Ridge Addition. Second InstaIlmentLots2-15,BIQck6.Applicant is Meadow Creek DevelopmentCorpc,ration. Planning and . Zoning Commission recommended approval. (2.11)Approvalofafinalplatfor. Red Line Subdivision located on the east side lof Texas Ave., just north of Gommerce Natio.nal.Bank..ApplicantisRed Line Burgers, Inc. Planning and Zoning Commission .recommendedapp~ovalwith. . the sidewalk. variance. (2.12)... Consideration of a . request to. waive the platting requirements for Wellborll Water Supply Corporation for property located in the ETJ of College Station just east ()f Wellborn Road at Greens Prairie cutoff. RESOLUTIONS (2.13) Approval of a resolution authorizing. the City of College Station to make application for matching funds from the Texas Parks and Wildlife Dept. for improvements to Oaks Park. ORDINANCES (2.14) Consideration of an ordinance amendment to. Chapter. II, Section 3, Water and Sewer Main. Extension Policies. This ordinance amends. .the method of calculating a fee for water and sanitary sewer main extensions with the city limits from pro rata to acreage fees. Mayor Ringer .. removed ,Consent Agenda Item No~ 2.4, 2.12, and 2.14~ The remaining items were approved by common consent. . Consent Item No. 2.4 -Approval of prohibiting left turn lanes at the intersection of Dominik Drive and Tx.Avenue in order to improve traffic safety and flow. . Councilman. Kennady made a motion .to . delay consideration of this item and plac:e this 'item on the workshop and regular meeting agendas for February 10th and Februlary II the The motion wassecondedb~CouncilmanCrouchwhichcarriedunanimously, 7..0. Consent Item No. 2.12 - .consideration of reauest to waive the plattinq requirements for Wellborn Water Supply COlp. for property Jocated in the ETJ ofGollege Station iust east of Wellborn Road at Greens Prairie cutoff. Senior PlannerKee indicated that she has been in contact with Wellborn Water ~;upply City Council Workshop Meeting Thursday, January 14,1993 Page 3 Corporation. Mayor . Ringer remarked that Wellborn. Water Supplyexpressedco:ncern on the cost to prepare the plat for the property. Councilman Brown made<amotion to deny their request to waive the platting requirements. with the condition that Wellborn Water Supplyfileaplatwithin90ldays. The motion was'secondedbyCouncilmanCrouch which carried unanimously, 7..0. Aaendaltem No.2.14-.GonsideratioI'lof an ordinance amendment toChaoter 11.1 SectionS. Water and Sewer .Mam Extensions. Mr. Bill Fox of FoxfireHomeowners Association addressed the Council. He statE~d his support. of the ordinance. . However, he . had twoconcems. First, notification. to the homeowners regarding the cost impact of connecting to the line prior to the construction. Thesecondconcem is > the . request to establish a payment plan procedure. for the . homeowners. City Planner Callaway indicated that he did not have a problem with the-notification process. Comments were made re.garding the payment . process. Councilman Crouch moved . approval of Ordinance No. 1993 with the addition of a notifica.tion process. The motion was seconded by Councilman Kennady. Mayor Ringer remarked that . the notification process will include mailing letters to the propeityowners at the time. of design with engineering.. estimates . and again at. th,e construction phase. Councilman Mcllhaneysuggested that Janguage be included . in thenotification.lE~tter to encourage the propertyowner>tocontactthedeveloper jf an instaIlmentplan is necessary. Mr. Callaway concurred. The motion carried unanimously, 7 -0. Agenda Item . No.3 - A ~ub1ichearlng on the question of amendinaChapter lor the Code. of Ordinance . to .Drohibitoff-Dremise and Dortable signs with the city's ETJ. StaffPlannerSabine..Kuenzel.addressed the.. Council. .She.poinJed.out that the amendment will. prohibit billboards and trailer signs beyond the city limits. She added that the State HighwayDepartment.willcontinue..tonotify the city of any request to place signs in the ETJ. Mayor Ringer opened the. public hearing. No one spoke. Mayor Ringer closed the public hearing. Agenda Item No.. 4. -Considerationof amending-Chapter .1 of the Code to orohibit off- Dremise and.DOrtable-signswithintheclty'sETJ(OrdinanceNo.1994). Councilman Brown moved approval of .Ordinance No. 1994 prohibiting off-premi~e and portable signs within. the city's . ETJ.