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HomeMy WebLinkAboutMinutes/Staff Reports~~~ ~~ ~ Agenda Item No. 3.3: Approved Final flat of 1.8 acres, tluee A-P zoned lots located in the Edelweiss Business Center, Block 4 lots 1-3 on the north side of Rock Prairie Road between Wellborn Road and Edelweiss. (99-33) AGENDA ITEM NO. 3.2: Consideration of a Finat Plat of 32.45 acres for Ray Cowart subdivision (Sinquefield), North of an unnamed road which is parallel to and located approximately one mole North of Peach Creek Cut-Off Road, off of Peach Creek Road. (99-216) This item was removed from the consent agenda by Commissioner Parker. Graduate Engineer Tondre stated that he had no presentation but would answer questions regarding this case. Commissioner Floyd asked Mr. Tondre explained that the access to the newly divided property does not meet subdivision regulations. Mr. Tondre explained that this is a re-subdivision which currently exists as three Its. One of the existing lots will be subdivided further into two lots, which will ultimately make the property a four-lot subdivision. This property lies off of an existing, unpaved road within the extra-terratorial jurisdiction (ETn. The city does not provided emergency services for this area. This property has been approved by the Brazos County Commissioner's Court. Chairman Rife asked Mr. Tondre if, at some point, this property was annexed into the city limits, the property would be required to upgrade to city standards. Mr. Tondre responded that since there is a private access easement leading to this road and it is not a dedicated public right-of--way, the city would not be responsible for upgrading the road. Commissioner Rife asked that if aiuiexation occurred in this area, would it remain a private road with the subdivision responsible for maintenance. Mr. Tondre explained that it would remain a private road if the area was annexed in the future. Commissioner Warren asked, in terms of the question of adequate access, what would be required to meet the city standard. Mr. Tondre replied that the upgrade would be standard alley requirements: 6" of base and I '/z " of asphalt with a 20' width. Chairman Rife opened the public hearing. There were no speakers and the public hearing was closed. Commissioner Mooney moved for approval per staff recommendations as stated in the staff report. Commissioner Kaiser seconded the motion. Commissioner Floyd raised concerns that this subdivision does not meet requirements with residents demanding community services. Subdivision regulations state that "Streets shall be in conformity with the requirements except that the urban-rural section as deftned in the City engineering standards may be used " He stated that he didn't understand why the Commission would approve this item. Chairman Rife agreed with Commissioner Floyd. Chairman Rife called for the vote and the motion to approve the request, which failed 0-5. Commissioner Parker abstained from the item. Commissioner Warren moved to approve the request subject to the removal of the variance to the road standards, and with staff recommendations. Commissioner Floyd seconded the motion, which passed 6- 0with one abstention, by Commissioner Parker. AGENDA ITEM NO. 4: Public hearing and consideration of a rezoning for the Woodcreek Section 8 located on the east side of Stonebrook Drive immediately south of Woodcreek, Section 3. The request is to change from PUD#2 to R-1B. As a part of this rezoning request there is a final plat containing 12 single-family lots. (99-117 and 99-224) P&Z Minutes June 3, 1999 Page 2 of l S -~ ~ ~~-~~ Chairman Rife called for the vote, and the motion to recommend approval of the request passed 4-0. AGENDA ITEM NO. 3: Public hearing and consideration of a Conditional Use Permit for the Brazos School for Inquiry and Creativity at Post Oak Mall, 1500 Harvey Road. (99-712) This item was removed from the agenda prior to the meeting. AGENDA ITEM NO. 4: Reconsideration of a variance request associated with the Final Plat of Sinquefield/Ray Cowart Subdivision, totaling 9.12 acres located off of Peach Creek Cut-Off Road. (99-216) Assistant City Engineer Morgan presented the staff report. She explained that the property is located in the City's Extra-Temtorial Jurisdiction (ETJ), north of Peach Creek Road and south of the Texas World Speedway. The Land Use Plan shows the area as Single Family Low Density Residential with a density range of '/z to 2 dwelling units per acre, which is the lowest density shown on the plan. The proposed subdivision is in compliance with the plan. She explained that the existing road along the private access easement is not in compliance with the Subdivision Regulation requirements. The applicant is asking for a variance to the road standards for this private access road, based on its prior existence. The maintenance of the road currently is not the responsibility of the County, nor will it be the responsibility of the City if in the future the area is annexed, since it is a private road. Ms. Morgan explained that the item came before the Commission at their June 3 meeting at which time the Commission approved the plat but denied the variance request to the roadway standard. She said that since the applicant was not present at the June 3rd meeting, he is asking for reconsideration to the variance request. The subject property is a replat of Tract Al and A2 of the Ray Cowart Subdivision that was platted in December, 1971; at which time, a 50 foot private road easement was dedicated in the same location as shown on the proposed plat. She said that in discussions with the County, this original plat was done prior to the current County Subdivision Ordinance. It is through this ordinance that the County imposes their roadway standards. Because this private access was platted in 1971, it was not required to meet standards. The county's policy is that if the access was approved prior to ordinance regulations they will allow further subdivision without upgrading the facility. If it is a new subdivision which is platting the access, the county requires the access, regardless of if it is private or public, to meet their pavement standards. Staff recommended approval with the variance to the road standards for the following reasons: 1. This variance does not impose any maintenance liability or responsibility on the County nor on the City if the area is ever annexed. 2. The County has approved the plat without imposing any further requirement to upgrade the roadway facility. 3. The applicant originally owned Tract A1, which was subdivided into a 5.1 acre tract and an 11.05 acre tract and was done so with the understanding that a plat was not required. The current request is to subdivide the 11.05 acre remainder into Lot 1 and Lot 2 with only 161.38 feet of frontage on the unnamed roadway. Because subdivisions occurred prior to this most recent request, staff (per the city polity to include the parent tract) requested that the Whitford and Valdez pieces be included in the plat. These adjacent property owners agreed to be included with the condition that it did not cost them anything. If these owners had refused to sign, staff would have directed the owners to proceed with a plat of only Lots 1 and 2. P&Z Minutes June 17, 1999 Page 3 of 13 -~ ~ ,.. 4. The applicant has requested participation by adjacent property owners in the cost of the roadway and those property owners do not desire to participate. 5. Upgrading the access through the Sinquefeld area (Lot 1 and 2) does not make sense given that there is approximately 1000 linear feet from their property line to Peach Creek Road, hence an unimproved section between the two improved roadways. Chairman Rife opened the floor to anyone wanting to address the item. Mr. Gary Sinquefield, 2405 Peach Creek (applicant), told the Commission that 1" of the road base has been installed to improve the road. He explained that he does not own the property from Peach Creek to his home and cannot afford to improve the entire street. Seeing no one else wanting to address the Commission, Chairman Rife called for a motion. Commissioner Parker moved to grant the variance for the entire length with staffs recommendations as stated earlier. Commissioner Mooney seconded the motion. Commissioner Floyd was concerned that the road was grandfathered 30 years ago. Commissioner Mooney said that if more homes were added to the area, there will be problems with emergency access. Chairman Rife felt this request was piecemeal, although he also felt the minimum requirements were established for a reason. Chairman Rife called for the vote, and the motion to grant the variance for the entire length failed 1-3; Commissioner Parker voted for the motion. Commissioner Floyd moved to grant the variance with the condition that the right-of--way is dedicated (10' on this side of the roadway), in lieu of improving the roadway. Commissioner Mooney seconded the motion, which passed 3-1; Commissioner Parker voted against the motion. AGENDA ITEM NO. S: Presentation of future agenda items. Senior Planner Battle explained that staff has been working on a new neighborhood services and planning program that would provide a framework for the City and neighborhoods to work together to address issues. Staffhas had meetings with the citizen Neighborhoods Task Force to develop goals and make reconunendations about the services that this program can offer. He said that the City hopes to demonstrate that the City and neighborhoods can work together to identify issues, solve problems and improve the quality of life in the community. In 1998, the City Council placed Neighborhood Policy on its list of strategic issues and expressed a desire to better address neighborhood issues. Staff recommended that a neighborhood services program be researched, developed and implemented. A planner position was filled in February 1999 to begin researching and developing a neighborhood services program. Input for the creation of a neighborhood services program in College Station came from the citizen Neighborhoods Task Force which developed most of the goals and program recommendations. Students from the Eisenhower Leadership Development Program at Texas A&M undertook a semester-long project to research neighborhood planning programs and make recommendations for a program in College Station. The purpose of the program is to make College Station neighborhoods a better place to live, learn, work and play. This would be done by developing P&Z Minutes June 17, 1999 Page 4 oJ13 STAFF REPORT Item: Consideration of a variance request to roadway standards for the Ray Cowart Subdivision (Sinquefield), North of an unnamed road which is parallel to and located approximately one mile North of Peach Creek Cut-Off Road, off of Peach Creek Road. (99-42) Applicant: Gary & Sharon Sinquefield Item Summary: This property is located in the City of College Station's ETJ (Extra-Territorial Jurisdiction) North of Peach Creek Road and South of the Texas World Speedway. The Land Use plan shows the area as Single Family Low Density Residential with a density range of '/z to 2 dwelling units per acre, which is the lowest density shown on the plan. This proposed subdivision is in compliance with the Land Use Plan. However, the existing road along the private access easement is not in compliance with the Subdivision Regulation requirements. The applicant is asking for a variance to the road standards for this private access road, based on its prior existence. The maintenance of the road is not now the responsibility of the County, nor will it be the responsibility of the City of College Station if in the future the area is annexed, since it is a private road. This item came before the Commission at their 6/3/99 meeting at which time the Commission approved the plat but denied the variance request to the roadway standard. The item is coming back to the Commission at the request of the applicant who was not present at the 6/3/99 meeting and would like the Commission to reconsider the variance request. Item Background: This is a replat of Tract Al and Tract A2 of the Ray Cowart Subdivision that was previously platted in December of 1971. At that time, a 50 foot private road easement was dedicated in the same location as shown on the proposed plat. In discussions with the County this original plat was done prior to the current County Subdivision Ordinance. It is through this ordinance that the County imposes their roadway standards. Because this private access was platted in 1971 it was not required to meet standards. The county's policy is that if the access was approved prior to ordinance regulations they wiU allow further subdivision without upgrading the facility. If it is a new subdivision which is platting the access, the county requires the access, regardless of if it is private or public, to meet their pavement standards. Budgetary & Financial Summary: N/A Staff Recommendations: Staff recommends approval with the variance to the road standards for the following reasons: I.This variance does not impose any maintenance liability or responsibility on the County nor on the City if the area is ever annexed. 2.The County has approved the plat without imposing any further requirement to upgrade the roadway facility. 3. The applicant originally owned TractAl which was subdivided into a S.1 acre tract and an 11.05 acre tract and was done so with the understanding that a plat was not required. The current request is to subdivide the 11.05 acre remainder into Lot 1 and Lot 2 with only 161.38 feet of frontage on the unnamed roadway. Because subdivisions occurred prior to this most recent request, staff (per the city policy to include the parent tract) requested that the Whitford and Valdez pieces be included in the plat. These adjacent property owners agreed to be included with the condition that it did not cost them anything. If these owners had refused to sign, staff would have directed the owners to proceed with a plat of only Lots 1 and 2. 4. The applicant has requested participation by adjacent property owners in the cost of the roadway a»d those property owners do not desire to participate. S. Upgrading the access through the Sinquefeld area (Lot 1 and 2) does not make sense given that there is approximately 10001inear feet from their property line to Peach Creek Road, hence an unimproved section between the two improved roadways. Related Advisory Board Recommendations: The County Commissioner's Court has already approved the Plat. Commission Action Options: The Commission has authority to grant, deny or modify variances. The applicant has the ability to appeal the Commission decision to the City Council. Supporting Materials: I. Location Map 2. Application 3. Infrastructure and Facilities 4. Copy of Final Plat INFRASTRUCTURE AND FACILITIES Water: This property is within and water service is available to it from Wellborn Special Utility district's CNN. Sewer: All lots will be served by On-site Sewage Facilities, and must comply with county and state regulations. Streets: Each of the proposed lots has access to Peach Creek Road by virtue of a 50 foot private road easement. The existing road is compacted dirt up to approximately the Sinquefield's faz property line. It then continues as a dirt road with grass growing up between the fire tracks. This does not meet the Subdivisions Regulations requirements for adequate access. Off-site Easements: None proposed. Drainage: N/A Flood Plain: According to 1992 FEMA maps this property is not located within a 100 year flood hazard azea. Oversize request: N/A Impact Fees: N/A NOTIFICATION: Advertised Commission Hearing Dates(s): 6-17-99 Response Received: None as of date of staff report