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HomeMy WebLinkAboutMinutesMr. Layne Westover, 3408 Wildrye, expressed his concerns of current noise problems because of the loud stereos in vehicles that use the Park's parking lot to visit. He also said that he and other neighbors had problems with the pavilion having parties with live bands. He felt that if the building was well insulated he would not have a problem but he asked that his, and his neighbor's, concerns be addressed before a decision was made. He has spoke with other residents in the area and they also have a concern with access onto Rock Prairie Road. He feels the problems would increase with the teen center in this location. Chairman Massey closed the public hearing. Commissioner Rife stated that he was in favor of the request but he felt the noise issue should be addressed. He asked staff if the Commission could have a restriction approved to cover the noise problem. Senior Planner McCully explained that the Commission could make restrictions on "physical" items such as landscaping and additional buffering. The Commission expressed their desire for the Parks Department to address the noise concern and impact on surrounding neighborhoods. Commissioner Garner moved to approve of the Conditional Use Permit, site plan and sign request. Commissioner Lightfoot seconded the motion which passed unopposed (5 -0). AGENDA ITEM NO. 3 : Consideration of a Preliminary Plat of West Wolf Pen Creek Phase I, approximately 12.3 acres along the south side of Harvey Road between Office Max and Woodstock Condominiums. Four lots, 1 reserve tract and a Wolf Pen Creek Dedication Area. (98 -307) Assistant City Engineer Morgan presented the staff report and stated that the purpose of this preliminary plat is to divide 12.3 acres into 4 lots and approximately 5.4 acres of Wolf Pen Creek dedication area. The Land Use Plan shows this area as Wolf Pen Creek which is an area with a unique zoning district created as part of the Wolf Pen Creek master plan. The applicant is desiring to plat this property for future sale and development. One of the lots is currently developed as the old Christmas Store which is currently vacant. This lot is being incorporated in this plat because it was part of the parent tract and was not properly platted prior to development. Although development has occurred on the property, staff has identified and discussed with the applicant the ability to obtain additional access easements to the creek. These are necessary for the City to maintain existing creek improvements at this location. The applicant agreed to provide these easements on the plat. Ms. Morgan stated that the Wolf Pen Creek minimum reservation and floodway area is shown on the plat. This area has been determined by Nathan D. Maier in a study commissioned by the applicant in 1994. To date this study has not been submitted to the City of College Station or FEMA for review and approval. As indicated on the plat, the applicant will be submitting this report to FEMA for adoption_ Because the study alters the floodway line significantly, FEMA approval of the study will be required prior to filing any final plats. This is imperative as the floodway is extremely restrictive for development and the location of the floodway line will determine locations available for property improvements. On the currently adopted FEMA maps, the floodway almost completely inundates lots 3 and 4 and renders them essentially undevelopable. Along the rear of lots 2 and 3 the applicant is requesting a variance from the Zoning Ordinance, in particular, the Wolf Pen dedication section, which requires that a 20' strip adjacent to the floodway be reserved for future park and trail development. This variance request P &Z Minutes June 4, 1998 Page 3 of 7 (reducing from 20 feet to 10 feet) was granted by the Zoning Board of Adjustment on June 2, 1998. In addition to the variance, the applicant is requesting to defer the decision to either dedicate or develop the floodway and minimum reservation area on Wolf Pen Creek Tributary "A" as per the Wolf Pen Creek Master Plan until site development of lots 3 and 4. Ms. Morgan explained that staff has reviewed this plat keeping in mind both the current master plan as well as the revisions currently proposed. After a site visit looking at topography and discussions with the Parks Department and Public Works Departments, staff felt comfortable with the 10' reduction in the minimum reservation area. This is due to the relatively flat topography at this location and the fact that the creek is approximately one hundred feet away from the floodway line at this location. These characteristics would allow for trails and any future lake system to still be constructed along the rear of lots 2 and 3. Staff was also supportive of delaying the decision regarding the floodway and minimum reservation area along Tributary "A" until site planning. This will allow-the site designer to incorporate the trail system with his development. Realizing that this Tributary is the only available location for a "vista" into the corridor from a major thoroughfare, staff would be reviewing any site plan at this location with that in mind. The "vista" will need to be an obvious entrance and focal point into the corridor and trail system. The preliminary plat as submitted is one that complies with the City codes, ordinances, and policies since the variance was granted. Staff recommended approval of the preliminary plat with the following conditions: 1. Provide a 20 foot public access easement through Lot l from Harvey Road (SH30) to the rear lot line adjacent to the Wolf Pen Creek dedication area and along that same rear lot line for maintenance. 2. Move the 25 foot private access 'easement out of the 24 foot landscape reserve along Harvey Road. 3. Show the existing building location on Lot 1 to assure that no encroachments are created with this plat. 4. The old Christmas Store driveway needs to be shown so that staff can assure that the driveway ordinance can be met with the 25 foot private access easement. 5. The access easements for driveway locations onto Harvey Road do not meet the driveway ordinance as shown and therefore must be coordinated with Staff prior to this plat proceeding to Council. 6. That the 1994 Nathan D. Maier study be submitted to FEMA for approval and that the approval occur prior to filing any final plat for record. Chairman Massey asked for the comments from the Zoning Board of Adjustments. Ms. Morgan explained that they had questions and concerns of where the trails would go if they granted the variance. She said that the trails would probably meander closer to the creek at this location. They also asked if the 10 feet access would be enough for maintenance and she said that staff felt comfortable with reducing the access. Commissioner Gribou wanted to know the applicant's reasons for wanting the variance. Ms. Morgan said that her interpretation of what the applicant wanted was with regard to the amount of property this particular development would need. Commissioner Rife asked what the purpose was for requiring the applicant to move the 25 foot Public Access Easement out of the 24 foot landscape reserve. Ms. Morgan explained that the 24 foot P &ZMinutes June 4, 1998 Page 4 of 7 landscape reserve does allow limited parking within it. The idea is to have a landscape area between the concrete parking area and the roadway. By requiring this it would remove the concrete from the 24 foot landscape reserve. The amount of concrete that would be paved in the area would exceed the amount allowed by ordinance. Paul Clarke explained that he has been trying to develop this tract for the past 5 1/2 years and this particular plan since last year. He said that lots 3 and 4 have the tributary that runs under Harvey Road. The rear service entrance for both lots will face the Woodstock Condos. He said that this is the only proposed development that would hold up to the original Wolf Pen Creek Master Plan. Lot 1 is currently two pieces of property that have never been platted. Lot 1 (the back piece, which contained the former Christmas Store) is the only piece that was developed and maintained to development standards. Mr. Clarke explained that the reasons behind asking for the variance was to allow enough parking and will give and additional 4 feet for a landscape buffer. He explained that when his company purchased the property approximately six years ago, there was a survey completed which showed that only one or two acres by the creek that were considered undevelopable due to the floodway. He explained that approximately 90 days after this property was closed FEMA issued their new flood panels which showed all of this property as floodway. Clarke & Wyndham hired Nathan D. Maier, the same engineering firm the City used, to evaluate this problem. When the engineering firm actually went out and located what was on the ground, they found that the new flood panels were inaccurate. Mr. Clarke explained that he was agreeable with all staff recommendations except #'s 1 and 6. He felt that the City did not have the right to require the applicant to "provide a 20 foot public access easement through Lot 1" as stated in Staff's recommendation number 1 previously mentioned. He thinks having an access easement running through the middle of a piece of property would be hard to develop. Ms. Morgan said that Staff could do without the 20' foot access easement as long as there is access through the other properties. Staff would need an access easement in the rear of the property if the applicant dedicates the improvement in the back of the Sneaker's property because there is a rock wall back there and there is no access for maintenance. If the applicant has a problem with dedicating this property, the City can remove the complete dedication on this lot and the applicant would be responsible for maintenance. Mr. Clarke felt that platting is not the appropriate time to discuss maintenance access, it should be discussed during the site plan review. Commissioner Gribou asked for Staff to comment on the issue of when to show maintenance access if it is agreed that an easement is necessary. City Planner Kee expressed her concern that once the floodway and the wall are dedicated, the City will immediately take over maintenance. There is no way to get to the wall from the floodway side. She suggested the applicant include the same note on the plat for Lot 1 as on the tributary area to state that this would be considered for dedication at the time of site plan review, this would require the property owner to maintain the wall until time of site development when it is decided who will maintain. The Commissioners asked Staff if the 10 foot easement would make a significant difference to this development. Ms. Morgan said that the applicant would need to address this issue. P &ZMinutes June 4, 1998 Page 5 of 7 Mr. Clarke said that he did not think Staffs recommendation #6 (FEMA approval) should apply and delay the filing of this plat. Commissioner Gribou asked if this recommendation, regarding the FEMA report, was unusual to require. Ms. Morgan said that this is probably the most important because as shown now, Lots 3 and 4 are completely undevelopable because the FEMA panels show an approximate 550' floodway width. FEMA must adopt this requested 180' floodway line prior to developing the property. The applicant is saying that the Nathan D. Maier study completed in 1994, used on the ground topos to revise some of the original models done for the City. The original models were sent to FEMA and utilized in the adoption of the L992 FEMA maps. 'Once they ran the model with the on- ground .topo elevations, it reduced the floodway at this particular location to approximately 180'. She explained -that FEMA must adopt this new floodway, line before it can be utilized for regulation. The floodway is extremely restrictive with regard to building locations and any improvements because of the effects it has on downstream and upstream properties. The concern of allowing permitting now is large because, if FEMA does not concur with this new 180' width, and it becomes wider, there is a chance that any permits issued for Lots 3&4 could be in the floodway. Greg Taggart, Municipal Development Group, explained that the applicant would like flexibility on staff recommendation #1 to address the maintenance issue. He also wanted to be allowed to continue with the plat prior to FEMA approval. The original FEMA panel included bad data. The process for getting approval from FEMA takes a long time and this would delay platting of the property. He said he would be willing to accept approval with the condition that no development permits are issued until FEMA approval. Commissioner Gribou said that if FEMA sent back changes, they would have to replat. Mr. Taggart said that this could happen. Ms. Morgan said that staff could support the condition of no development permits issued until adoption from FEMA. She said that she would also like the plat to note this conditioan so that all potential property owners are notified of the FEMA issue. Commissioner Rife moved to approve the Preliminary Plat subject to staff recommendations #'s 2 -5, include the recommendation #1 assuming that the applicant wishes to dedicate the property, and #6 is withdrawn with the condition that no development permits are until FEMA adoption noted on the plat and all property owners and potential property owners are notified of the status of the FEMA revision. Commissioner Gribou seconded the motion which passed unopposed (5 -0). AGENDA ITEM NO. 4: Consideration Yof a Final Plat of Whispering Ridge, approximately 23 acres in the City's ETJ (Extra Territorial Jurisdiction) located off of River Road, totaling 11 residential lots. (98 -304). Graduate Engineer Kaspar presented the staff report and stated that this final plat matches the Preliminary Plat brought to the Planning & Zoning Commission earlier this year. No significant changes have been made from what was shown on that preliminary plat. The Planning & Zoning Commission, as part of the approval of the preliminary plat, granted a variance to the minimum lot width required in the City's Subdivision Regulations for Lot 6. That section states that in the ETJ when the urban rural street cross section is used, the minimum lot width shall be 100 feet. Lot 6 still complies with the county's requirements for lot width. Mr. Kaspar said that the water P &Z Minutes June 4, 1998 Page 6 of 7 n STAFF REVIEW REPORT January 21, 1998 TO: Paul Clarke, Clarke & Wyndham 3608 East 29th Street, Bryan, TX 77803 Greg Taggart, Municipal Development Group 2551 Texas Avenue South, College Station, TX 77840 FROM: Development Review Staff. Veronica Morgan, Assistant City Engineer , Jane Kee, City Planner Natalie Ruiz, Assistant Development Coordina Shirley Volk, Development Coordinator Tony Michalsky, Electrical Operations Coordinator Laverne Akin, GTE Representative SUBJECT: Preliminary Plat Westcreek Park Phase I, a preliminary plat for 12.174 acres located along the south side of Harvey Road between the existing Office Max development and the Woodstock Condominiums. The subdivision consists of 4 WPC zoned lots, a reserve tract and a Wolf Pen Creek dedication area. (98 -307) The development review staff reviewed the above mentioned preliminary plat on Tuesday, January 20, 1998 and made the following comments. The following is a list of ordinance requirements identified by staff. This list does not relieve the applicant of total compliance with all current ordinance requirements. Ordinance Requirements: Submit the $200 application fee. Revise the title block to include "NOT FOR RECORD" since this is a Preliminary Plat. Darken the boundary lines of the subject property to clearly show the limits of this preliminary plat. Provide the primary control point of survey (basis of bearing). Provide a block number for lots 1 -4. Staff expressed concern with the actual floodway and floodplain locations shown on the property. They do not appear to follow the existing topography as shown on the preliminary plat. Clearly show the actual floodway, actual floodplain and actual 20' dedication area for lots 1 -4 and the 2.3 acre reserve tract. _ Will there be a dedication of the creek area with the final plat of lot 4? If so, include the dedication as part of the preliminary plat. If not, additional improvements may be required within the creek and minimum reservation area. Staff Review Westcreek Park Phase I Case #98 -307 Page 2 of 2 Ordinance Requirements (cont.): _ Provide more information concerning the existing 15" sanitary sewer line "to be abandoned ". _ Shared driveway access will be required in order to comply with the City's Driveway Ordinance. Access to the reserve tract and lot 1 will be reviewed at the time of site plan. Please show the following shared driveway access easements: An "U' shaped easement from the easternmost existing drive on lot 4 to connect with and provide access to lot 3. An "L" shaped easement from the easternmost property line of lot 2 to connect with and provide access to lot 3. Prior to approving the final plat for lot 4, submit a drawing showing the location of the existing building to ensure that the minimum setback requirements are maintained. Comments/Concerns: _ Provide a 20' public utility easement along the Harvey Road frontage for electrical service. Coordinate electrical service details with Electrical Operations Coordinator Tony Michalsky at (409) 764 -3660. Coordinate telephone service details with GTE Representative Laverne Akin at (409) 821- 4723. _ Coordinate gas service details, availability and meter locations with Lone Star Gas Representative David Dorough at (409) 776 -0627 or by mobile at 777 -0305. SUBMIT THE MYLAR ORIGINAL AND 13 COPIES OF THE REVISED PRELIMINARY PLAT BY MONDAY, JANUARY 26, 1998 TO BE INCLUDED IN THE PLANNING AND ZONING COMMISSION PACKETS FOR THE MEETING ON THURSDAY, FEBRUARY S, 1998 AT 6.30 P.M. IN THE CITY HALL COUNCIL ROOM, 1101 TEXAS AVENUE SOUTH.