HomeMy WebLinkAbout09-00500148- 000739053 McCLURE & BROWNE ENGINEERING/SURVEYING, INC.~,N
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1008 Woodcreek Dr., Suite 103 - College Station, Tx. 77845 - (979) 693-3838 Engineer Reg. No. F458 00
1314 10th Street, Suite 210 - Huntsville, Tx. 77320 • (936) 294-9749 Survey Reg. No. 101033-00 l
August 3, 2009
Planning and Zoning Commission
City of College Station, Tx.
P.O. Box 9960
College Station, Tx 77842
Re.: Variance Request for Pebble Creek Center (Block Length)
MBESI No. 10650009
Dear Commissioner:
This letter is intended to request a variance from the Unified Development Ordinance (UDO)
Section 8.2.10 Block Lengths for Lot 2, Block 1 in the Pebble Creek Center subdivision as
shown on the preliminary plat for Phases 1 & 2. This variance request meets the
requirements stated in Section 3 of the UDO as follows:
Extraordinary Conditions
The developer wishes to provide adequate street, drainage, and utilities in
accordance with all City Ordinances for the remainder of the tract. However,
at this time the infrastructure cannot be located until the end user for the
property is determined. Streets and utilities on the preliminary plat at this
point will almost certainly be placed in the incorrect location.
Enjoyment of a Substantial Property Right
To deny a developer, who wishes to create a product that provides adequate
street, drainage, and utilities in a way slightly different than the standard
procedure, the ability to turn their vision into reality is a denial of the
developer's "enjoyment of a substantial property right".
Substantial Detriment
The granting of this variance will not be detrimental to the public health,
safety, or welfare, or injurious to other property in the area, or to the City.
The developer plans to develop the remainder of the property in
conformance with current codes to protect public safety.
F11085 - Davis Young10008.44 Acre Commercial DevelopmentXCorrespondencakCOCS-P&Z-Variance Request - block lenpth.wpd
Subdivision
The granting of this variance will not have an effect of preventing the orderly
subdivision of other land in the area in accordance with the UDO. The
development of this tract will be completely contained on-site.
Flood Hazard Protection
The granting of this variance will not effect the flood hazard protection of this
property or any surrounding property. The variance does not request any
deviations from the City's Stormwater Design Guidelines.
Other Property
The conditions of this variance will not apply to other property in the vicinity.
Additionally, several properties within the Business Center at College
Station, Phase 1, located just south of the subject property, exceed the block
length requirements similar to this request.
Hardships
The owner did not create the hardship on this property that is requiring a
variance.
Comprehensive Plan
The granting of this variance does not substantially conflict with the
Comprehensive Plan or the purposes of the UDO. The developer intends
to meet the regulations in the LIDO and the current comprehensive plan with
the remainder of the property. However, at this time he does not know how
the remainder is to be developed and wants to postpone the decision about
where streets are to be located until more is known.
Utilization
By requiring the developer to decide where streets and utilities are to be
located on the 43 acre tract at this time could force him to make an incorrect
judgement about the locations of this infrastructure. This, in turn, would ruin
the utilization of the property.
Sincerely,
~r
J L. Robertson, P. E.
FA1005 - Davis Younp%0008.44 Acre Commercial Development%CormspondencelCOC&P8Z-Variance Request - block Ienpth.wpd
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McCLURE & BROWNE ENGINEERING/SURVEYING, INC.
1008 Woodcreek Dr., Suite 103 - College Station, Tx. 77845 .(979) 693-3838 Engineer Reg. No. F458
1314 10th Street, Suite 210 - Huntsville, Tx. 77320 .(936) 294-9749 Survey Reg. No. 101033-00
August 3, 2009
Planning and Zoning Commission
City of College Station, Tx.
P.O. Box 9960
College Station, Tx 77842
Re.: Variance Request for Pebble Creek Center (Sidewalk)
MBESI No. 10650009
Dear Commissioner:
This letter is intended to request a variance from the Unified Development Ordinance (UDO)
Section 8.2.13 Sidewalks for Lot 2, Block 1 in the Pebble Creek Center subdivision as shown
on the preliminary plat for Phases 1 & 2. This variance request meets the requirements
stated in Section 3 of the UDO as follows:
Extraordinary Conditions
A portion of the property is located along State Highway No. 6's north bound
frontage road. This variance requests that no sidewalks be required along this
roadway. It is our understanding that TxDOT does not want sidewalks within
their rights-of-ways on these types of facilities.
Enjoyment of a Substantial Property Right
Requiring a developer to build sidewalks along a major roadway that could
lead to unsafe conditions. Requiring sidewalks in this area would deny the
property owner of safety for themselves and any person using the sidewalk
system.
Substantial Detriment
The granting of this variance will enhance the safety of the occupants of this
property and any pedestrian that may choose to use the sidewalks contained
on the site.
Subdivision
The granting of this variance will not have an effect of preventing the orderly
subdivision of other land in the area in accordance with the UDO. This
property has adequate sidewalks on 3 of the 4 sides, and will contain
internal sidewalks in accordance with ADA requirements.
FA1065 - Davis YounpW009 - 44 Acre Commercial Development\Correspondence\COCS-PBZ-Variance Request - sidemlkwpd
Flood Hazard Proh.Aion
The granting of this variance will not effect the flood hazard protection of this
property or any surrounding property. The variance does not request any
deviations from the City's Stormwater Design Guidelines.
Other Property
The conditions of this variance will not apply to other property in the vicinity.
Hardships
The owner did not create the hardship on this property that is requiring a
variance.
Comprehensive Plan
The granting of this variance does not substantially conflict with the
Comprehensive Plan or the purposes of the UDO. The developer intends
to meet the regulations in the UDO and the current comprehensive plan with
the remainder of the property.
Utilization
It is our understanding that TxDOT does not want sidewalks within their
rights-of-ways on these types of roadway facilities. TxDOT could deny
driveway and utility permits along this stretch of the roadway if the sidewalks
are built. Without driveways to Highway 6, the utilization of the property
would be diminshed.
Sincerely,
jee. rtson, P. E.
F11065 - Davis Younp10008 - 44 Acre Commercial Deveiopment%Correspondenc*%COCS-PBZ-Variance Request - sidewalk.wpd