HomeMy WebLinkAboutMiscellaneousSIT OI-'° CO I~ E ST~TIOI°I
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Gordon Carstens
5625 Timberwood Drive.
College Station, Texas 77845 January 14, 1997
Dear Mr. Carstens:
After review of your letter of December 16, 1996, staff has looked at possible
alternatives to your variance request. Although not "technically" allowed by
ordinance, staff would support a variance to street width requirements of the E.T.J.
regulations with the condition. that you meet all street width regulations listed in the
Rural Subdivision Regulations.' These regulations were written specifically for areas
zoned A-OR, (which is why they are not applicable to subdivisions in the E.T.J.)
however, the street standards contained within those regulations appear to be more
applicable in .this case. For a rural residential street, the .standards call fora 24'
paved street width with 2' shoulders on each side.. This. would still include an 80'
diameter paved turnaround at the end. of the street to allow for adequate turnaround
maneuvers.. The pavement sections for these rural streets are more stringent than
those listed for E.T.J. roadways, as they require stabilized subgrade, 6" of limestone
base material and an 1-1/2" of hot-mix asphaltic concrete (HMAC). The E.T.J.
regulations do not require the stabilized subgrade and instead of the HMAC, require
a 2-course sealcoat. Staff would support the streets meeting the lesser pavement
section regulation, or the E.T.J: pavement section.
We recognize the concerns expressed in your December 16, 1996. Several of the
concerns, which we would like to address are:
• The removal of mature oak and cedar trees on each side of the. existing private
road.
• The removal and relocation of utilities along the roadway.
In the case of the first concern, it appears that if you use the roadway standard in the
Rural Subdivision Regulations and retain it as a private roadway, you would not have
to remove the trees. It is staffs understanding. that County requires that all right-of-
way dedications be completely cleared of all obstructions. By retaining the roadway
as private, you could save all trees that are currently outside the roadway section but
are within the private roadway right-of-way dedication.
o:/group/dev_serv/cvshU96-235v. doc
In the case of the second concern, an 18-20' gravel roadway is already existing, by
using the Rural Subdivision Regulations roadway width of 28', all utilities should be
able to be retained in their existing location, thus avoiding all cost considerations
mentioned.
We could support a variance request of this magnitude,. wherein you request the
ability to use the Rural Subdivision standard roadway widths, provide an 80'
diameter turnaround at the end of the roadway and use the E.T.J. pavement cross
section.
Please let us know if you would like to alter your variance request or if .there are
portions of this alternative that may be workable for you. You can reach me at 764-
3570.
Si cerely,
.Veronica J.B. Morga P.E.
Asst. City Engineer
cc: file
Martin Riley, agent
Shirley Volk, Development Coordinator
Kent Laza, City Engineer
o:/group/dev_serv/cvshU96-235v.doc
From: Veronica Morgan
To: jcallaway
Date r 1/1.6/97 4:59pm
Subject: coversheet - appeal of pavement standards
i talked to both Celia goode and Borden Carstens about this item. mr. Carstens
would like to pull this from the council next week to give him time to think
about if he likes our proposal. he will be back to us .with a decision whether
he wants to go ahead to the feb. meeting or take an alternate approach.
jim, can you forward to those who need this info? thanks.
CC: klaza,shomeyer,nthomas,svolk
~~
Development Services
City of College Station P.O. Box 9960, call
Station, TX 77842-9960
FAX
To:
Phone:
Fay phone: ~~'~ 2
CC:
Date: ~ ~~ ~,~'
Number of pages including cover sheet:
From:
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Phone: (409) 764-3570
Fay phone: (409) 764-3496
REMARKS: ^ Urgent [~~or your revier~~ ^ Reply ASAP ^ Please comment
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1 1 ILL n .
Gordon Carstens
5625 Timberwood Drive
College Station, Texas 77845
January 14, 1997
After review of your letter of December 16, 1996, staff has looked at possible
alternatives to your variance request. Although not. "technically" allowed by
ordinance, staff would support a variance to street width .requirements of the E.T.J.
regulations with the condition that you meet all street width regulations listed in the
Rural Subdivision Regulations. These regulations were written specifically for areas
zoned A-OR, (which is why they are not applicable to subdivisions in the E.T.J.)
however, the street standards contained within those regulations appear. to be more
applicable in this. case. For a rural residential street, the standards call fora 24'
paved street width with 2' shoulders on each side. This would still include an 80'
diameterpaved turnaround at the end' of the street to allow for adequate turnaround
maneuvers. The pavement sections for these rural streets are more stringent than
tho a listed for E.T,J. roadways,' as they require stabilized subgrade, 6" of limestone
base material and an 1-1/2" of hot-mix asphaltic concrete (HMAC). The E.T.J.
regulations do not require the stabilized subgrade and instead of the HMAC, require
a 2-course sealcoat. Staff would support the streets meeting the lesser' pavement
section regulation, or the E.T.J. pavement section.
We recognize the concerns expressed in your December 16, 1996. Several of the
concerns, which we would like to address are:
• .The removal of mature oak and cedar trees on each side of the existing private
road.
• The removal and relocation of utilities along the roadway.
In the case of the first concern, it appears that if you use the roadway standard in the
Rural Subdivision Regulations and retain it as a private roadway, you would not have
to remove the trees: It is staffs understanding that County requires that all right-of-
way dedications be completely cleared of allobstructions. By retaining the roadway
as private, you. could save all. trees that are currently outside the roadway section but
are within the private roadway right-of-way dedication.
In the case of the second concern, an 18-20' gravel roadway is already existing, by
using the Rural Subdivision Regulations. roadway width of 28', all utilities should be
able to be retained in their existing location, thus avoiding all cost considerations
mentioned.
o:/group/dev_serv/cvshU96-235v.doc ~ ~~,,, _ ,
We could support a variance request of this magnitude, wherein you .request the
ability to use the Rural Subdivision standard roadway widths, provide an 80'
diameter turnaround at the end. of the roadway. and use the E.T.J.. pavement cross
section.
Please let us know if you would like to alter your variance request or if there are
portions of this alternative that maybe workable for you. You can reach me at 764-
3570.
Sip~erely,
Veronica J.B. Morfan, P.E.
Asst. City Engineer
cc: file
Martin Riley, agent.
Shirley Volk, Development Coordinator
Kent Laza, City Engineer
o:/group/dev_serv/cvshV96-235v. doc
01/16/97. 11:58 ^0409 764 3496 DEVELOPMENT SVCS I~OOI
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TRANSMISSION OK
TX/RX N0. 8627
CONNECTION fiEL 9pp8455292
CONNECTION ID
START TIME O1/16 11:57
USAGE TIME 01'19
PAGES 3
RESULT OK
7182 Rileyy Road RILEY ENGINEERING COMPANY
R~i~B~~bSc~~ (409) 589-2457
November 21, 1996
Planning & Zoning Commission
City of College Station
College Station, Texas 77840
TO WHOM IT MAY CONCERN:
77808
Bryan, Texas~LSHS
Please accept this letter as a REQUEST FOR VARIANCE to the City of
College Station Subdivision Regulations pertaining to the FINAL PLAT of
Timber Forest Estates. Subdivision, James Hope Survey, A-22, Brazos County,
.Texas, that has been presented for approval by, the Planning &.Zoning
Commission. We hereby request a variance'-to'the requirement that all
roads in the Extra-territorial Jurisdiction of College Station be built to
the Standards of the Brazos County Commissioners Court.. This plat with
a 30-feet wide Private Road was approved by the Brazos. County Commissioners
Court on November 19, 1996, by a 4-O vote.: The Commissioners agreed to
allow the 30-feet wide roadway with the understanding that there would be no
County Maintenance now or in the future unless the road was brought up to
County Standards in all areas. This agreement was accepted by all of the
Property. Owners in the Subdivision and will not create any problems for
Brazos. County or College Station now or .in the future.
Thank you in advance for.. the granting of this variance and for the
approval of the plat as presented.
Martin. L. Riley,
ours truly,
r/`~ Jr., R.P ,GS No. 4089
R.P.E. No. 50316
From: Jane Kee
To: snoe
Date: 12/10/96 2:34pm
Subject: Timber Forest Plat
Illegal subdividing began to occur on a large tract of land in our ETJ some
time ago (but since we've had subdivision requirements). Some tracts have
homes on them and an unpaved private street serves the properties. Celia
lives out there. I guess the story about the cobblers .kids is true. Celia
owns a title company and lives on an illegally subdivided tract of land! I
think she always thought. the plat had been filed since the county had approved
it.
In 1991 a plat was submitted to the County for the entire property including
the street and approved. It was submitted to the City but the applicant
pulled it before it could ever go to P&Z. He was unable to get all the then
current property owners' signatures. The plat was never approved by the City
nor filed for record.
Apparently the same owner, who still owns a large tract, has now subdivided
this tract into 2. I don't know if a closing triggered someone finding '.out
that the plat was never filed or what, but the plat .was submitted in November
as an as-built plat to be reviewed by the City. As part of the review the
staff followed the policy that roads, whether private or public, be paved as
per'our ETJ standards.. This is a private road to be maintained by an HOA.
The subdivision regs outline a variance process. The P&Z did not grant the
variance. This is consistent with their past actions on 2 other ETJ
subdivision requesting variances to street paving. The subdivision regs also
outline an appeal process to CC when P&Z denies a variance. To reverse 'this
denial will require a 3/4 vote of CC.
If this .plat had been previously approved by the City and an owner came in
with a replat dividing a lot into 2, we would not have required an upgrade in
the street - as it would have been, previously approved and off-site to the
property being subdivided. In this case, the street was never approved as a
gravel road. The plat just submitted includes the entire property including
the street, thus the requirement for paving.
I hope this answers all of your questions. If I forgot something please
holler.
CC: shomeyer,svolk,jcallaway
Ci
C'%1
of College Station
FAX
Development Services
P.O. Box 9960, College Station, TX 77842-9960
To:
~o~vo~ C,~,z sT~~Js
Phone: ,`/~ ,~ ''.~D 6~
Fax.. hone: ~5~'~ ' ~~- 02..
Cc: C~~./!~ Ccb~E
Date: /~. / O
Number of pages including cover sheet:
From:
Phone: (409) 764-3570
Fax phone: (409) 764-3496
REMARKS: ~ Urgent [~ For your review [Reply ASAP ^ Please comment
~ ~. ~~-
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~A~ `AND B~:~CiD ~FP~RTMENT _
Ricixard F Vance, F.E., County En,~rineer
1l.Ivin VN. Bones, (aunty Iudge
Commissioner Gary Norton NOVember 22; 1996 Commissioner Sandie walker
Precinct l Precinct 2
Commissioner Randy Sims Commissioner Curvy ('auley
Precinct 3 Precinct 4
,, .
Martin Riley
Riley Engineering Company
7182' Riley :Road.
Bryan, TX 77808
RE: Final Plat of Timber Forest Estates, 30..889. Acres,. James .Hope Survey, A-22,
Brazos. County, Texas
Dear_Mr. Riley:
On Tuesday, November 19,.1996, the Brazos County Commissioners' Court discussed
and approved fhe referenced plat along with the variance request for exemption ofout-of-
town owner's signature fram the submitted plat (pending completed ratification process).
If you need further information please call.
Sincerely,
f .~
~' ~~
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Richard F. Vance, P,E.
County. Engineer
TMBRFORS.f P
cc: Office File
2617 Highway 21 ~~rt's~ t3ryan, '~'~a~as 778d}3 (409). 822-2127
MEAT SCIENCE SECTION
DEPARTMENT OF ANIMAL SCIENCE'
TEXAS A&M UNiv£12SITY
.COLLEGE STATION, I'X 77843-2471.
(409} 845-3935 -PHONE
(409} 845-9454 -Fax
Ft1CSIMILE TRANSMITTAL
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Fax. nu ei
From:
V~ ~~ Date yJ, ~l
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Please call Pam McConal at (409} 845-3935 if you do not receive all the pages.
Comments:
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From: Steve. Homeyer
To: City of College Station.City Hall(nthomas), Smccul...
Date: 11/19/9.6 11:38am
Subject: timber ..forest estates -Reply
They. also need to show where,. if any,, the flood plain is located.
They reference a flood plain permit from the County,.but do not
indicate whether or not it exists.
I think that does it.
»> Sabine McCully 11/19/96 11:24am »>
here are our comments for the final plat:
- change the notes referring. to the 30' private road and the 20'
strip for future r.o.w. dedication to reflect a 70' private road
and private r.ow.
- add the surfacing variance for timberwood drive to the
application. at this point, staff will recommend denial of that
request. if you feel that staff is lacking information in
regards to the surfacing variance,. submit that information in
written form on or before november 22.
- remove the certificate of city council - the plat does not
need to go before council.
Steve - is this ok with you?
Fromc Jim Smith
To: City. Ha11.SVOLK
Date: 11./18/96 3sllpm
Subjects P&Z - Thursday, December 5, 1996
Final Plat - Timber Forest Estates: No Problem.
7182 Riley_ Road RILEY ENGINEERING COMPANY
(409) 589-2457
November. l.3 , 19 9 6
Mrs. Shirley Volk
Planning-Coordinator
City of College Station
College Station, Texas 77840
78
Bryan, Texas
Re: Timber Forest Estates
Final Plat
Dear Shirley,
Attached hereto are the copies of the Final Plat on the
Timber Forest Estates Subdivision that is being filed for
Mr. Gordon Carstens. The plat has been submitted to the County
for approval. I have the original of the plat and will get the
County Judge to sign it as soon as it is approved and will bring the
original to you.
If you have any questions, please call..
Sincerely,
Martin L. Riley, Jr.
MEMORANDUM
TO: Development Review Staff
FROM: Natalie Thomas, Planning Technician
DATE: November 15, 1996
RE: Timber Forest Estates final plat.
Attached is a copy of the final plat for the Timber Forest Estates subdivision located in the city's E.T.7.
that inlcudes Timberline Drive.. This plat was submitted just. after the deadline date; however, it will still be
scheduled for the. Planning and Zoning Commission meeting of Thursday, December 5, 1996. There will
not be a formal PRC meeting held to review. this final plat. Instead,' please return all comments to Shirley
Volk or myself by Thursday, November 21, 1996.
If you have any questions, please call me at 764-3570. Thanks in advance for your help!
Exhibit B
~"I CITY..OF COLLEGE ~TATIOI`I
P.O. BOX 9960 1101 TEXAS AVENUE
COLLEGE STATION, TEXAS 77842-0690
(409)764-3500
August 1, 1991
PRESUBMISSION CONFERENCE
TO: Planning & Zoning Commission
Martin L. Riley, Jr .
Rt. 3, Box 1945
Bryan, TX 77802
Robert J. May/Gordon Carstens
5657 Tituberline Drive
College Station, TX 78848
FROM:. Veronica 1[organ, Asst. to the City Engineer
Jane Kee, Senior Planner _
Steve Esmond & Charles Smith, Pact Representatives
Dean Sharp & Samantha Smith, Water/Wastewater
Shirley Volk, Development Coordinator
La Vern Akin, GTE
SUBJECT: Final Flat - Ta11 Timber Estates - 91-215
30.889 acres on Timberline Drive, at the extreme
southern edge of the City's E.T.J.
A Presubmission Conference was held on July 31, 1991 to
review the sub,~ect plat, and a decision was reached to
recommend approval of # he plat as submitted.
The Brazos County commissioners considered and approved this
plat at the meeting on July 8, 1991. The County Judge's
signature will be affixed following approval of the plat by
the Commission and the Council.
Tic Electric Division and Lone Star Gas Co. r'.eviewed the.
plat, as well as staff attending the meeting, and no
problems were identified.
Consideration of this plat by the PAZ Commission will be
scheduled for the regular meeting on August 15, 1991 at 7:00
p.m.
PLEASE SUBMIT THE FILM POSITIVE AND 10 COPIES OF THE PLAT TO
THE FLANNLNG DIVISION BY NOON ON FRIDAY, AUGUST 9, 1991 TO
BE INCLUDED IN THE PACKETS FOR THE MEETING.
Fn~nr cif ?~rx~~ .... ": ~ ,:i~ ~r<it
tJxhbit C
BRAZOS COUNTY
ROAD AND BRIDGE DEPARTMENT
Richard F. Yang P.E., County Engineer
Aivn w .ranee, county Judge
commissioner ~ ~°° November 22, 1996 Commissionersanaie wa>rer
Precinct 1 Precinct 2
Commissioner Raaay Sims Commissioner Carey Cauley
Precinct 3 Precinct 4
Martine Riley
Riley: Engineering Company
7182 h~iley Road
Bryan, TX 77808
RE: Final Plat of Timber Forest. Estates, 30.889 Acres, James Hope Survey, A-22,
i~razos County, Texas `
Dear Mr. Riley:
On Tuesday, November 18, 1996,. the Brazos County Commissioners' Court discussed
and approved the referenced' plat along with the variance request for exemption ofout-of-
town owner's signature from the submitted plat (pending completed ratification process).
If you need further information please call
Sincerely,
Richard F. Vance, P.E.
County Engineer
TMBRFORS. FP
cc: Office File
2617 Highway 21 West Bryan, Texas 77803 (409). 822-2127
December 16, 1996
College Station City Council:
The purpose of this letter is to formally appeal the recent decision of the Planning and
Zoning Commission to approve the plat, and deny the street requirement variance for the
Timberforrest Estates subdivision which is located within the ETJ of the City of College Station.
The Planning and Zoning Commission voted (2 in favor, 1 opposed, and 1 abstention) on
December 5, 1996 to approve the plat, but to deny the variance request.
We would ask that the City Council consider the following items in reviewing this recent
decision rendered by the Planning and Zoning Commission.
1. In July of .1.991, the Timberforrest Estates subdivision plat was approved by the .Brazos
County Commissioners court [see exhibit "A"]. However, this plat was never recorded
pending approval by the College Station Planning and Zoning Commission. Moreover in
August of 1991, the College Station city staff reviewed the plat and was set to recommend
approval of the plat to the Planning and Zoning Commission [see exhibit "B"].
However, these staff recommendations and'the plat were not submitted to the Planning and
Zoning. Commission as scheduled. The subdivision plat was not submitted to the Planning
and Zoning Commission because the developers of the subdivision were requested by the
Texan Water Commission, at the last minute, to conduct an environmental impact study on
10 of the 30 acres in the subdivision.
Furthermore, it should be noted that the Brazos County Commissioners court approved the
current plat unanimously in November, 1996 [see exhibit "C"].
2. The primary objective of the eight residents who purchased lots and built homes in this
subdivision was to seek a neighborhood in a wooded and secluded area. If the appeal for
the road variance is turned down, the construction of a 24 foot road, 20 feet of shoulder and
26 feet of right away [total minimum of 70 feet] will require that 20 to 25 feet of mature oak
and cedar trees on each side of the existing private road be removed and cleared.
The removal of these trees will increase exposure and street visibility of existing homes. It
is a certainty that most homeowners would have selected different construction sites for
their houses given prior knowledge that 20 to 25 feet of trees would someday be removed.
Consequently, meeting current College Station ETJ street requirements will: (i) ruin the
aesthetic appeal of these homes, (ii) reduce privacy, (iii) reduce property values, and (iv)
increase exposure to possible vandalism. and trespassing due to increased,."street-side"
visibility.
3 . It should be pointed out that this road variance request is not for. a newly proposed or
recently developed subdivision. The Timberforrest Estates neighborhood, with eight
residents existing on pre-platted lots, has been established for more than 3 years.
Moreover, this subdivision is 2 miles from the existing College Station city limit line, and
currently there are no plans to annex the area in question in the foreseeable future.
4. The existing private road is currently maintained by the eight property. owners as stipulated
in a recorded [volume 1314, page 221; filed 8-9-1991] road easement and maintenance
agreement [see exhibit "D"].
5 . The enforcement of the College Station ETJ regulations will impose an undue financial
hardship on the homeowners of this subdivision, as the following items will be required to
meet these regulations.
• removal and relocation of Wellborn water lines. and meters
• removal and relocation of Bryan Utility power lines
• removal and relocation of culverts
• removal and rebuilding of the entrance way to the subdivision
• removal and relocation of mailboxes and landscaping
• removal and relocation of telephone lines
• removal of 20 to 25 feet of trees on each side of the existing 1600 foot road
• construction of new 1600 foot road
6. The existing private road is wide enough to accommodate moving vans, trash haulers,
heavy construction equipment, and if necessary, firetrucks and ambulances. Thus, granting
the street variance will not be detrimental to the safety or welfare of the residents of this
subdivision.
7. Since the inception of this subdivision, two properties have been sold, and title policies
granted for both. Thus, the fact that the road in question is a private road, and not
maintained by the. county or city has not precluded the transfer of properties to date.
8 . The granting of this road variance will not have any adverse affect on any of the
surrounding properties, as the adjoiners are Valley Ridge Estates and Timbercrest
subdivisions which are. pre-platted and recorded.
The Homeowners are requesting that the City Council take into consideration the unique
circumstances of the Timberforrest Estates subdivision in reviewing this appeal. As the name
implies, this subdivision is a lovely rural neighborhood with eight homes ranging in price from
$160,000 to $200,000. It is a neighborhood in which the property values will continue to
increase,'as small rural tracts in close proximity to the City and located within the College Station
School District become more and more scarce. Upon learning that the subdivision plat had never
been recorded, we have sought to have the plat survey updated with signatures of all land
owners, and to seek required approval by the County Commissioners and the College Station
City Council. The professional residents of this subdivision are not asking for the City of
College Station to do any. more for them other than to approve a legal and recordable plat so that
this matter canoe finalized once and for all.
Exhxb it A
We could not locate this letter from theBrazos County.Commissioners
eourt. Howe~rer, mention of this approval is made in the second
paragraph of the letter from City off' College Station (see exhibit B).
From: Roxanne Nemcik
To: SVOLK
Date: .11/19/96. 1:04pm
Subject; .Platting questions -Reply -Reply -Reply -Reply -Reply
I heard from Patricia this morning and she suggested that a "power of
attorney" be utilized to give someone in C.S. .authorization to sign on her
behalf. L will send this email to patrica to give her this information.
»> Shirley Volk 11/18/96 02:34pm »>
The name of the subdivision (on the plat that we are currently processing) is
Timber Forest Estates. It is scheduled to go before the Commissioner's Court
tomorrow. A letter from Cully Lipsey went to the County asking for them to
process. the plat without a signature, and a signature would be acquired after
processing. (I don't know what he is proposing and we didn't get a letter
like that!) .This plat was processed as Tall Timber Estates a long time ago,
but it never got to P&Z & Council for some reason! I think the engineer for
the owner dropped the ball somehow, but I really don't know. how. In the
meantime, one of the lots that was proposed in 1991 has been subdivided by
metes & bounds, so this plat will take care of that, as well as the other
lots. I believe all lots are built on already. It's a strange situation.
Since you haven't heard back from Patricia, let's just wait on this to see
what the County claes! I'll save a copy of this a-mail so we'll know what
we've talked about if it comes back into our court!
P.S. Who is Patricia Merenoff?
»> Roxanne Nemcik 11/18/96 02:08pm »>
Shirley
What subdivision does she live in?
Has she filed the plat with the county? If so, she should run this by
Patricia Merenoff at Bruchez Goss. Z called Patricia and am waiting for a
call back. However, I am sure that she knows Patricia.
»> Shirley Volk 11/18/96 01:19pm »>
Roxy: Do you have any more info on this for me? Could we use some kind of
sticky stuff with a whole signature block on it to stick to it when she
returns it?
»> Roxanne Nemcik 11/05/96 09:48am »>
Since this is etj, I will c-all to Patricia Merenoff because the county has
primary jurisdiction. and control over the plat.
»> Shirley Volk 11/05/96 09:42am »>
Just had a call from Celia Goode of University Title. She lives in a
subdivision in the ETJ in which some illegal subdivision of property has taken
place. In fact,- I'm not sure the actual subdivision ever did make it through
the system to be filed. I think I remember that the engineer doing the plat
dropped the ball and the platting process was never completed.
Well, now, in order to get a plat filed for record, all lot owners will have
to sign the plat. They have obtained the .signatures of all owners except one.
M
P
That lady lives in Austin, and they do not want to send her the one and only
original mylar to sign because they are afraid she will not take care of it
and process it properly.
So, Celia is asking if they can use some separate ratification form for this
lady to sign which can be filed for record at the same time of the plat, or
attached to the plat or something like that. I'm wondering if they can
actually put a reference on the plat to a volume and page number for the
lady's ratification of the plat.. Can anyone out there help me?
Post Office Box 9960 1101 Texas Avenue
College Station, Texas 77842-0960
(409) 764-3570
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Steve Homeyer, Graduate Civil Engineer
DATE: December 5, 1996
RE: Final Plat of Timber Forest Estates, an ETJ Plat. (96-235)
Owner: Gordon Carstens
Engineer: Riley Engineering Company.
The -above referenced-final plat is located approximately 2 miles south of College Station
on Timberline.Drive. The purpose of this final plat is to rectify an illegal subdivision of
i ini i 1 submitted in Jul of 1991
30.89 acres into 9 rural. residential lots. This plat was t al y y ,
but -was removed from the P&Z agenda by the engineer of record. The. applicant has
resubmitted this plat and is currently requesting a variance to the Subdivision. Regulations
which requires the street to be a minimum of forty four (44) feet wide and have not less
than a two (2) course inverted penetration asphalt. surface.. The .applicant is proposing to
keep this. a private street that is to be maintained by each lot owner. It is the viewpoint of
City staff that this is not a sufficient reason for supporting this variance request because it
does not achieve .the City's ultimate .goal of having: paved roads in areas likely to be
annexed in the future. The fact thatahis is a private roadway does not preclude the. street
from meeting the minimum paving standards. Staff does not support the variance to
.the minimum paving standards.: With the comments identified in the "Staff Notes",
staff recommends- approval of the final plat.
`• CITY OF COLLEGE STATIOI`I
ENGINEERING DIVISION
STAFF NOTES
Timber Forest Estates Final Plat
Case #96-235
Ordinance Requirements:
_ Remove the "Approval of the City Council" signature block. This. plat will. be approved or
denied by the Planning and Zoning Commission only.
_ Change the notes referring to the 30' private road and the 20' strip for future right-of--way
dedication to reflect a 70' private. road and private right-of--way.
Add the surfacing variance for Timberwood Drive to theapplication. At this point, staff
will recommend denial ofthat request. If you feel that .,staff is lacking. information in
regards to the surfacing variance, submit that information in written form on or before
November 22, 1996.
Show where, if any,. the floodplain is located. ,(A floodplain permit from the county is
referenced but there is no indication of where it exists.)
Comments/Concerns:
_ Coordinate telephone service details with G.T.E. Representative Laverne Akin at (409)
821-4723.
SUBMIT THE REVISED- MYLAR ORIGINAL AND 10 COPIES BY TUESDAY,
NOVEMBER 26, 1996 TO BE INCLUDED IN THE PLANNING AND. ZONING
COMMISSION PACKETS FOR THE. MEETING OF THURSDAY, DECEMBER 5, 1996 AT
7:00 P.M. IN THE CITY HALL COUNCII, ROOM. AT 11.01 TEXAS AVENUE SOUTH.
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Q Regular Item
Consent Item
Statutory Item
Item Submitted By: Steve. Homever. Graduate Civil Engineer
For Council Meeting Of:
Director Approval:,h„
City Manager Approval:
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Item: Consideration of an appeal to the P&Z's denial of a variance request to the
Subdivision Regulation requirement to pave an existing street to E.T.J. standards in
the Timber Forest E.T.J. Subdivision.
Item Summary: The Timber forest Subdivision is located approximately: 2 miles
south of College Station on Timberline Dove. The purpose_ of this plat is to .rectify an
illegal subdivision of 30.89 acres. into 9 rural. residential lots. This plat was initially
submitted'in July of 1991, -but was removed from the P&Z agenda by the applicant.
The applicant resubmitted this plat in November of .1996 for consideration by the
P&Z. The P&Z heard this item at their regular meeting on.December 5, 1996 and
approved the play with the conditions listed in the supporting :materials titled as "Staff
Notes". As part of this ..plat, the applicant requested a variance to the Subdivision
Regulations which requires the street to be a minimum of twenty-four (24) feet wide
with ten (10) foot shoulders on :both sides, have .not less than a two (2) course
inverted penetration asphalt surface (a seal coat) and construct a turnaround to
meet emergency, vehicle turning radius. The applicant proposed to keep the street
designated as "private" and for it to be maintained by each .property owner, .Staff did
not support the variance request because it does not .achieve the City's ultimate goal
of having paved roads in areas likely to be annexed in the future and the fact that the
City does not allow ".private roadways" to meet a lesserpaving standard. Therefore,
staff recommended denial of the variance ..request. This. variance request. was
considered by the P&Z and was ultimately denied. Since that. meeting, the applicant
has submitted additional information located in the supporting materials section of
this coversheet. After researching the concerns fisted by the applicant,. staff has
forwarded an alternative proposal. to the applicant that may address some of their
concerns. This proposal is included in this packet
Policy Issue Statement: It has been the City's policy to require he development of
all subdivisions within the City and E.T.J. to meet .regulations published in the
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subdivision ordinance. The City's policy on private streets. is that they .can be
private,. but .must meet all "public street" standards. This prevents developers from
using the word "private" just. to build substandard facilities.. Often the City is asked to
take over these facilities iri the future when they are in need of repair. These streets
must be able to support the service and emergency vehicles that use them on a
regular basis.
Related Ends Statements:
Transportation/Mobility -Citizens benefit from the ability to move into,
out of, and within College Station in a safe and efficient manner.
Civic Pride -Citizens benefit from well-planned, attractive residential
and commercial .areas, and from preserving historic areas.
Item Background: This variance request is not the first of its kind. There have
been two recent cases where the applicant .has -made this request. The first case
was in the Carter Lake .Estates Subdivision: an E.T.J. plat: Here.,. P&Z denied the
request and an appeal was made to Council where the decision was reversed, The
applicant argued that he cost to pave the rroadway that would .provide. access to the
lots was too expensive. The 'second case was in the ~Ilow Run Subdivision,.also
an E.T.J. plat. In this case, P&Z-denied the request and the applicant decided to
make. a public :dedication of 'right-of-way. since he would be required to meet the
minimum paving standards. In another related case, albeit within the City limits, the
City was -asked by the Lincoln Place property owners to take over the maintenance
of their :private alleys which have deteriorated primarily because they .were not built
to minimum. City.... standards. `The residents complained that the sanitation vehicles,
mail trucks, UPS and other delivery vehicles were too heavy and damaged the
pavement, :causing it to deteriorate rapidly. The Council did' not approve this
request.
Budgetary and Financial Summary: The development of this E.T.J. plat will not
require. the expenditure of City funds.
Staff. Recommendation:.. Staff. recommends the denial of this variance request to
the minimum paving standards.
Related Advisory Board Recommendation.: The P&Z approved the final plat with
the attached conditions, but denied the variance .request to the minimum paving
standards.
City Attorney Recommendations/Comments
Chapter 9, Section 5 of the City of College Station Code of Ordinances prescribes
standards for granting a variance. They are incorporated herein for Council's
reference.
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"The Council may authorize a variance .from the regulation when, in their .opinion,
undue hardship 'will. result from requiring strict compliance. In granting a variance,
the Council and Commission shall prescribe only conditions that it deems not
prejudicial to the public interest. In making the findings herein .before required, the
Council and Commission shall take into account the nature of the proposed use of
the land involved, the existing use of land in the- vicinity, the number of persons who
will reside or work in the proposed subdivision, .the possibility that a nuisance will be
created, and. the. probable effect of such variance upon traffic conditions and upon
public health, convenience, and welfare of the vicinity. No variance shall be granted
unless the Council and the Commission find:
That there are special circumstances or conditions affecting the land involved such
that strict application of the provisions of this chapter will deprive-the applicant of the
reasonable use of his land;
That the variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant;
That the. granting of the variance .will not be detrimental to the public health, safety,
or welfare, or injurious to other property in he area., or o the City in administering
this chapter; and
That the' granting of the variance will not
subdivision.. of other land in the area in
chapter.
have the .effect of preventing the orderly
accordance- with the provisions of this
Council Action Options: The Council has two options as they relate to this item.
The first option is to deny the request which would. require the applicant to pave the
private street or guarantee its construction prior to the plat being filed.. The second
option is to approve. the request which would then remove the requirement placed
upon the applicant to meet he minimum paving standards.
Supporting Materials:
1. Location Map
2. Application for Plat Review. and Approval
3. Memorandum toP&Z
4. Staff Notes
5. Letterand Information Packet from Applicant dated :December 16, 1996.
6. Staff Proposal' Letter to Applicant
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Gordon Carstens
5625 Timberwood Drive
College Station, Texas 77845 January 14, 1997
Dear Mr. Carstens:
After review of your letter. of December 16, 1996, staff has looked at possible
alternatives to your variance request. Although not "technically" allowed by
ordinance, staff would support a variance to street width. requirements of the E.T.J.
regulations with the condition that you meet. all street width regulations listed in the
Rural Subdivision Regulations. These regulations were written specifically for areas
zoned A-OR, (which: is why they are not applicable_to subdivisions in the E.T.J.)
however, the street standards contained within those regulations appear to be more
applicable in this case. For a rural residential street, 'the standards call fora 24'
paved street width. with 2` shoulders on each. side.. This would still include an 80'
diameter paved turnaround at the end of the street to allow for adequate turnaround
maneuvers. The pavement sections for these rural streets are more stringent than
those listed for E.T.J. roadways,. as they require stabilized subgrade, 6" of limestone
base material and an 1-1/2" of hot-mix asphaltic: concrete (HMAC). The E.T.J.
regulations do not require the stabilized subgrade and instead of the HMAC, .require
a 2-course sealcoat. 'Staff .would support the streets meeting the lesser pavement
section regulation, or the E.T.J. pavement section.
We recognize the concerns expressed in your December 16, 1996. Several of the
concerns, which we would like to address are:
• The removal of mature oak and cedar trees on each side of the existing private
road.
• The removal and relocation of utilities along the roadway.
In the case of the first concern, it appears that if you use the roadway standard in the
Rural Subdivision Regulations and retain it as a private roadway, you would not have
to remove the trees. It is staffs understanding that County requires that all right-of-
way dedications be completely cleared of all obstructions. By retaining the roadway
as private, you could save all trees that are currently outside the roadway section but
are within the private roadway right-of-way dedication.
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In the case of the second concern, an' 18-2d' gravel roadway is already existing, by
using the Rural Subdivision Regulations roadway width of 28', all utilities should be
able to be retained in theirexisting location, thus avoiding all cost considerations
mentioned.
We could support a variance request of this magnitude, wherein you request the
ability to use .the Rural Subdivision standard roadway widths, provide an 80'
diameter turnaround at the end of the roadway and use the E.T.J. pavement cross
section.
Please let. us know if you would .like to alter your variance request or if there are
portions of this alternative that maybe workable for you. You can reach me at 764-
3570.
Si cerely,
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Veronica J.B. Morga P.E.
Asst. City Engineer
cc: file
Martin Riley, agent
Shirley Volk, Development Coordinator
Kent Laza, City Engineer
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