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Home My WebLink AboutMiscellaneous AGENDA ITEM COVER SHEET C1J~dl ITEM SUBMITTED BY: Jane R. Kee, Senior Planner FOR COUNCIL MEETING OF: January 14, 1992 DIRECTOR APPROVAL: EXECUTIVE TEAM MEMBER APPROVAL: ITEM: Consideration of Request to waive the platting requirements for Wellborn Water Supply Corporation for property located in the ETJ of College Station just east of Wellborn Road at Greens Prairie Cl.-ltoff. ITEM SUMMARY: Staff received areqllest from Wellborn WaterS,upply Corporation to waive the platting requirements for the purchase of some property adjacent to their existing facility. Mr. Darrell Ambler is desiring to sell a2 acre tract of land contiguous to Wellborn Water Supply's existing facility in order that they may expand their operation. This 2 acre tract is out of a 12.75 acre tract of which a portion waspreViOl.-lsly platted for the old',townsite of Wellborn according to Mr. Hl.-lgh Lindsey, Attorney at Law. Wellborn Water is requesting a variance to the Subdivision Regulations. Since the plat is located in the ET J ,Wellborn Water also reqtlested a variance to the County plat requirements and was granted said variance. WellbornWater Supply's justification for the variance is to allow the process to be expedUed in order that they can expand their operations as soon as possible. The subdivision regulations do provide for the issuance of variances. Regl.-llations state that theCol.-lncil and Commission mayal.-lthorize a variance from the regulation when, in their opinion, undue hardship will result from requiring strict compliance. .. In granting the variance, the. Councill and Commission shall prescribe only conditions that it deems not prejudicial to the pl.-lblic interest. The variance request to the City sl.lbdivision regl.-llationsmust have approval of both the Council and Commission in order to gra:nt the variance. The applicant did not identify a hardship other than timing. In the absence of a legitimate hardship staff would have to recommend upholding the ordinance. In this particular case waiving the platting reql.-lirements does not compromise the public interest as there are no rights-of-way or easements involved and utilities are provided by others. However, one of the benefits of platting, maintaining clear'land,records wOl.-lld not be achieved. STAFF RECOMMENDATIONS: P&Z recommended approval of the Varial'lCe. FINANCIAL SUMMARY:NA CITY ATTORNEY RECOMMENDATIONS: NA COUNCIL ACTION DESIRED: Approve or deny the reql.-lest. SUPPORTING MATERIALS: 1. Letter from H"Llgh Lindsey 2. Brazos Co. order adopting exception to platting requirements. 3. Memo dated 12-2-92 from City Attorney to Senior Planner. 4. P&Z Mintltes HUGHW..LINDSAY AttorneyatLa'W 707 Texas Avenue, suite 213-D college station, Texas 77840 (409)696-8734 November 24,1992 Ms. JaneKee city of College station HAND DELIVERED Re: DarrellL. Ambler to Wellborn Water, Supply corporation My File L92-130 I am writing to you on behalf of Darrell Ambler. Mr. Ambler is desirous of selling a two-acre tract of land off of a 1.2. 75-'acre tract of land to We.llborn Water supply Corporation. Dear Jane: A po.rtionof.this,landpreviouslyhas been platted for the old townsite of .Wellbor:nbut has. never developed. I have counsE~led Mr. Ambler as to the prohibitions against subdividing property within theCitytsE';{'J and within the County. The County has waived requirementofreplattingthis partition. We are asking thatsbrtof expedited.proceduresince Wellborn Water . supply corporation. would like to acquire.the property as soon as possible and erect some improvements on the property as soon as possible to expand their operations. If I can help you by providing survey. field notes or.any other information, please do not hesit~teto conta~t me. I t.hinkthe bottom line is both parties are desirous of moving this ahead. We don't want to j umpthe gun, however ,a.nd move ahead without gettiIlg the city'S blessing either on an informal or formal basis. I \ H H W. LINDSAY Attorney at Law ~ cc: Darrell L. Ambler Wellborn Water. supply corporation HWLr HUGH W. LINDSAY Attorney. at Law 707 Texas Avenue, suite 213-D co11ege station, Texas 77840 (409) 696-8734 November 24, 1992 Ms. JaneKee city of College station HAND DELIVERED Re: DarrellL. Ambler to Wellborn Water, Supply Corporation My File L92-130 Dear Jane: I am writing to you on behalf of Darrell Ambler . Mr. Amble:r is desirous of selling a two-acre tract of land off of a 12.75-acre tract of land to Wellborn Water Supply corporation. A portion of thisl.and, previously has been platted for the old townsite,of.Wellborn but has never developed. I have counseled Mr. Ambler' as to'theprohibitions against subdividing property with'in the City's ETJ and within the County. The County has waived requirement' of replatting this partition. Weare asking" that sort of expedited procedure since Wellborn Water Supply Corporation wouldlike to acq:uire the property as soon as possible '. and 'erect some improvements on the property as soon aspossible< to expand their. operations. If I can help you by providing survey field notes or any other information, please do not hesitate to contact me. I think the bottom line is both parties are desirous of mov'ing this ahead. We don't want to jump the gun, however, and mo,ve ahead without, getting the City 's blessing either on an infolrmal or formal basi's. Very truly yours, H H W. LINDSAY Attorney at Law cc : Darrell, L. ., Ambler Wellborn Water Supply Corporation HWLr CITY OF COLLEGE STATION Post Office Box 9960 1101 "Texas Avenue College Station, Texas ',77842-0960 (409)764-3500 MEMORANDUM TO: FROM: Planning & Zoning Commissio Jane Kee,' Senior Planner Veronica Morgan, Ass't. to t ;e DATE: December 10, 1992 RE: Variance Request to the Platting Requirements The Staff received a request from Wellborn Water Supply Corporation to waive the platting requirements for the purchase of some proplerty adjacent ,to their existing facility. The property is located in the El'J of College Station just east of Wellborn Road at ,Greens' Prairie Cutoff. Mr. Darrell Ambler is desiring to ,sell a 2 acre tract of land contiguous to Wellborn Water Supply's existing facility in order that they may eXI)and their, operation. This 2 acre tract is out of a 12.75 acre tract that was previously platted for the old townsite of Wellborn according to Mr. H[ugh Lindsay, Attorney at Law. Wellborn Water is requesting a variance to the Subdivision Regulations section 5-A.Sincetheplat is located in the ETJ ,Wellborn Water also requested a variance to 'the County plat req"Llirements and wasgra~nted said variance. (Reference the order adopting an exception to plat requirements from the County.) Wellborn Water Supply's justificatioll for the variance is to allow the process to be expedited in order that they can expand their operations as soon as possible. The subdivision regulations do provide for the ,issuance of variances to this section. The regulations state that, the Council and Commission may authorize a variance from the regulation when, in their opirlion, undue hardship will result from requiring strict compliance. In grarlting the variance, the, Council and Commission shall prescribe only conditions that it deems not prejudicial to the public interest. The variance request to the City subdivision regulations must have approval of both the Council and Commission in order to grant the variance. (Reference the memo from the City Attorney to the Senior Planner dated December 2, 1992.) The applicant did not identify a hardship other than timing. In the absence of a legitimate hardship staff would have to recomnlend upholding the ordinance. In this particular case waiving ,the platting requirements does not compromise the publiC interest as 'there arle no rights-of-way or easements involved and utilities are provided byotllers. However, one of the benefits of platting, maintaining clear land, records would not be achieved. Home of Texas A&M University