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Home My WebLink AboutMiscellaneous qJ-;~"S Mp13M()RAN DUM FROM: TO: Cathy.. .l.,Qcke, . City Attorney DATE: August 24, 1993 RE: DevonShire Phase II · Final Plat Deborah Keating,tneengineerr~presenting Myrad · ReaL Estate .on the DevQnshire Subdivision, called me tl1is m()rningandr~qll~st~dtl1atth~ftnalp.atf()rphasetwo. beremov~froIn th~ City Council agenda of August 26, 1993. .....~nestatedthattheapplican.ts\VQllldlik~ to have the. itemJ~sched uled . for the following City Council meetrng<on Thursday, September 9, 1993 to allow them time to work out some issues. She did not tell me what these issues were. The problem witn rescheduling this item is the 30 day rule stated in the Subdivision Regulations. Section 6-1).5.~.1.~titesthat''TheCity~uncil,withinthiI"tydays. after the (:X)lllmission'saction, shall. consider the p,lat~n~shallapprove.Qrd~approveSuChPlat()rCOnditionally approvesl.lch plat. with . modifications". M;g;..Keating .is requesting. tnatthe . Council table . the item.. or delay actiofl.unt11 the next. available meeting. Ltold..herthat the way I >in ter preted the ordinance, tabling or delaying action is not an option; however, they~ayJOOkatthe possibility ofproposing so~econditionsofapproval. . I suggested that she work with Dayid~ullenon outliningthe COnditions Of approvaLofthefinalpla~Shehasrequested that I verify m~ interpretation of the ordinance with you. anddetermineiftheCityCouncilis~ble totable or delay action. Your speedy reply in this matter is greatly appreciated. If you have any questions, please call me at extension ..754. Thank.. you! q 3 ~>>~ ".I~(.CITYOFCOLLEGESTATION · · ~rJ.. LEGAL DEPARTMENT ... ... . Post Office Box 9960 1101 Texas A venue College Station~ Texas 77842-0960 (40,9) 764-3507 MEMO RANJD:U M . ~.~ "_::..:{~_- " t :'Y"" TO: FROM: RE: DATE: You . asked .whether.the . City Council can. table ,a fipal plat that .is on the agenda for. approval. at the request .of the deyeloper.. In that regard, you quote Section 6-D.5.2.~1. ,of th.e . Subdivision Ordinance. which. provides, .. [t] h,e' QityCouncil, within thirty . days. ,after the Commission's action, shall consider the plat and shall approve or disapprove such plat or conditionaUyapprovesuchplat with modifications.1I This provision is based on Local Government Code Sec. 212.009 which in pertinent part provides: (b) If.an . ordinance requires that .a. plat be approved by the governing body of the municipality in addition to. the planning commission, the governing body shall act on the plat\Nithin. 30 days after the date the. plat is . . approved by the . planning ,..gommission . or is . considered approved ... by ...the ,inaction ...of the ..,commission., .. A . plat is. considered approved by the governing body unless it is disapproved within that period. As you can see from the Code, a plat that is not approved must be disapproved or it is automatically approved by force of law.1 My recommendation is that theappHcantsubmit a letter requesting that the plat be withdrawn and not considered by the Council. This record should suffice. CL:jls . . . .1 Addi.tionally,.section . (d) proyides, "[i]fthe munic~pal authorio/. responsi~le for approving plats fails. to act on a plat WIthIn the Erescnbed peflod,the authonty on re~uest shall Issue a certIfIcate statIng the date the plat was filed and that the authority faded to act on the plat within the period. f js/a/p1atwd . AGENDA ITEM COVER SHEET ITEM.SUBMITTED BY: DavId Pullen, Engineering Division FOR COUNCIL MEETING OF: August 26, 1993 DIRECTOR APPROVAL EXECUTIVE TEAM MEMBER APPROVAL ITEM: Consideration of a Final Plat for Devonshire Phase 2, located at the corner of Rock Prairie Road and Victoria Aven.ue.Applicant is Myrad Real Estate. ITEM SUMMARY: This is the second phase.. of the Devonshire Subdivision. This final plat as submitted is consistentwithconGeptual plans submitted by the developer at the time the Master Preliminary Plat was presented .and approved by the City. Sidewalks. are required along one side of Shire Drive by ordinance. Phase One was approved with a sidewalk along Victoria. The Planning and Zoning Commission heard this item at their August 5,1993 meeting. A sidewalk along Mustang with a pedestrian accessway at the cul-de-sac was discussed by staff and the applicant. At that meeting the P&Zrecommended.approvalwiththestaff recommendations with the exception of the sidewalk and pedestrian access through the Mustang cul-de-sac. FINANCIAL SUMMARY: Oversize participation is anticipated on the storm sewer in Victoria adjacent to this development. STAFF RECOMMENDATIONS: Staff recommends approval with the PRC comments. CITY ATTORNEY RECOMMENDATION: N/A COUNCIL ACTION DESIRED: Approve ordeny the plat. SUPPORTING MATERIALS: 1. Application 2. Location Map 3. Staff Report 4. P&Z Minutes 5. PRC Report 6. PIa t ( PROJECT REVIEWCOMMlTfEE REPORT July 28, 1993 TO: Deborah:Keating,UrbaIl Designo-rnup 909 SouthwestPkwy,SteE,College Station,. TX .77840 Dan Bensimon & Beth Whatley, Myrad Real Estate 707 Canterbury, College Station, TX77840 FROM: Project Review Committ : Jane Kee, City PIa .<ner David..Pullen,. City · Kyle Hawth.orne, P & Others .. Attending: Natali~rrhQtnas,.Planning Tee ,. 1 S~mantha Smith, EngineeringiAs'snt Tony.. ~ichalsky, Electrical Operations Coordinator Shirley Volk,DevelopmentCoordinator Lavern.eAkin, GTE Representative Claude Cunningham, CSISDRepresenta tive SUBJECT: FINAL PLAT ->Devqnshire Phase!I; 27 single family lots totalling .7.67 acres gener(illy locat~d. on the southwest. corner of Rock Prairie Road. and Victoria Avenue. (93-225) A Presubmission Conference was ,held . Wednesday, July 28, 1993 to, discuss the above mentioned final plat. The Project Review Committee .madethe following comments: . PLANNING: Show the width dimension at .. the front setback line on lots 7 . and 9 of block B. This dimension. must be .at...least50'. Bold. the . block numbers so they are easier to< identify. Add thev~)}ume.and pag~ number of the separate .instrutnent dedicating the adjacent 10' publicutilitye.asement in. the proposed Rock Prairie Estates subdivision. Suggested .. that the.. developer look at providing a pedestrian access way through the Mustang cul..de..sac. .TheminimulTI. requirement jsa 10' access way with a 4' walk. Coordinate details with City Planner Jane Kee at (409) 164-3570. PRC Report Devonshire II Case #93-225 Page 2 ENGINEERING: The development agreement with the MyradReal Estate company states that the Rock Prairie Road extension will be done by September 1, 1993; however, an extension will have to be granted to. . allow the City .. time to . complete their portion of the improvements stipulated in the agreement. Coordinate. details with City Engineer David Pullen at (409)764-3570. The proposed subdivision will be subject.. to . sanitary sewer impact fees that are being assessed at the time of final plat and will be collected at the time of building permit. A. sidewalk will be required along ..Victoria Avenue and will be coordinated with the street construction of Victoria Avenue. Suggested that red tipped photinias not be placed as close to the sidewalk as in the Brandon Heights development. . WATERlWASTE WATER: Concerned. with the possibility of fences being located in the 20' public utility easement along Rock Prairie Road that includes a 30tl water main. Suggested that the developer work with the Water Wastewater Department on a possible fence requirement that would allow for easier removal of the fence and quicker access in the case . the City has to repair the line .inanemergency.... Coordinate .details with Engineering Assistant Samantha Smith at (409) 764-3690. ELECfRICAL: Additional conduit may need to be installed along Rock Prairie Road. to facilitate the future development of . Rock .. Prairie Estates. Coordinate details with Electrical Operations Coordinator Tony Michalsky at (409) 764-3690. G.T.E.: Install a second conduit, provided by the telephone company, along Rock. Prairie' Road to facilitate the future development of Rock Prairie Estates. Coordinate details with G.T.E.Representative . Laverne. Akin at 821-4723. LONE STAR GAS: Coordinate future gas service with Lone Star Gas Representative Kean Register at (409)77:6-0627. SUBMIT THE.ORIGINALMYLARANDIO COPIES ..OF THE REVISED FINAL PLAT BY FRIDA Y,JULY30,1993 T()BEINCLUDED IN THE PLANNING AND ZONING COMMISSION PACKETS FOR THE MEETING OF AUGUST 5, 1993.