HomeMy WebLinkAboutStaff ReportSTAFF REPORT
Project Manager: Spencer Thompson Date: June 20, 2002
Email: sthompson @ci.college- station.tx.us
Item: Public hearing, discussion, and possible action on a Final Plat for the University
Preserve Subdivision consisting of 14 acres located near the intersection of Dominik
and Munson Ave. (02- 00500107)
Applicant: Mr. Dale Browne, Ash & Browne Engineering, Inc.
Staff Recommendations: Staff recommends approval of the Final Plat as submitted.
Item Summary: The applicant is requesting Final Replat approval to allow for
development of the subject property into 26 lots (25 single family residential lots and 1
storm water detention area). The property is zoned R -1, single - family and has been
under this zone classification since it was annexed into the City. This development
qualifies, under Section 18 of the Subdivision Regulations, for the minimum lot area
requirement of 8500 SF and the minimum lot width of the "average of the lots in the
block ". The average width of lots in the block was determined to be 113'. All proposed
lots meet this minimum lot width requirement. In addition, the proposed subdivision is
in compliance with the deed restricted lot requirements.
State statute requires a public hearing for replats of property in areas that have been
zoned for residential use for 5 years or more.
Comprehensive Plan Considerations: The Land Use Plan shows the area as Low
Density Single Family Residential, which has a corresponding gross density of 1/3 to 2
dwelling units per acre. The zoning of the property is R -1, Single Family Residential.
Under the R -1 zoning, development could generally occur up to a net density of 8
dwelling units per acre. However, the lots must also meet the provisions of Section 18
of the Subdivision Regulations, which further restrict density and dimensions. With the
application of Section 18, the allowable gross density of the development is
approximately 1.86 dwelling units per acre. The density of the proposed subdivision is
0.56 dwelling units per acre
Standard lot width in an R -1 district is 50 feet. The average lot width requirement that
has been calculated for this development is 113 feet. Lot width is measured at the front
setback line. If the same standard is applied to this development, then the "average of
the lots in the block" requirement is met. The second requirement under Section 18, is
the requirement of a minimum lot area of 8500 SF. When you multiply the 113 -foot lot
width by the standard R -1 lot depth of 100 feet, the minimum lot area allowed is 11,300
SF. The average lot area in this subdivision is 22,869 square feet or just over Y2 acre
per lot.
STAFF REPORT
Project Manager: Spencer Thompson Date: June 20, 2002
Email: sthompson @ci.college- station.tx.us
Item: Public hearing, discussion, and possible action on a Final Plat for the University
Preserve Subdivision consisting of 14 acres located near the intersection of Dominik
and Munson Ave. (02- 00500107)
Applicant: Mr. Dale Browne, Ash & Browne Engineering, Inc.
Staff Recommendations: Staff recommends approval of the Final Plat as submitted.
Item Summary: The applicant is requesting Final Replat approval to allow for
development of the subject property into 26 lots (25 single family residential lots and 1
storm water detention area). The property is zoned R -1, single - family and has been
under this zone classification since it was annexed into the City. This development
qualifies, under Section 18 of the Subdivision Regulations, for the minimum lot area
requirement of 8500 SF and the minimum lot width of the "average of the lots in the
block ". The average width of lots in the block was determined to be 113'. All proposed
lots meet this minimum lot width requirement. In addition, the proposed subdivision is
in compliance with the deed restricted lot requirements.
State statute requires a public hearing for replats of property in areas that have been
zoned for residential use for 5 years or more.
Comprehensive Plan Considerations: The Land Use Plan shows the area as Low
Density Single Family Residential, which has a corresponding gross density of 1/3 to 2
dwelling units per acre. The zoning of the property is R -1, Single Family Residential.
Under the R -1 zoning, development could generally occur up to a net density of 8
dwelling units per acre. However, the lots must also meet the provisions of Section 18
of the Subdivision Regulations, which further restrict density and dimensions. With the
application of Section 18, the allowable gross density of the development is
approximately 1.86 dwelling units per acre. The density of the proposed subdivision is
0.56 dwelling units per acre
Standard lot width in an R -1 district is 50 feet. The average lot width requirement that
has been calculated for this development is 113 feet. Lot width is measured at the front
setback line. If the same standard is applied to this development, then the "average of
the lots in the block" requirement is met. The second requirement under Section 18, is
the requirement of a minimum lot area of 8500 SF. When you multiply the 113 -foot lot
width by the standard R -1 lot depth of 100 feet, the minimum lot area allowed is 11,300
SF. The average lot area in this subdivision is 22,869 square feet or just over Y2 acre
per lot.
Item Background: A portion of the subject property was annexed into the City in 1949
and the remainder in 1956. At that time it was standard practice for newly annexed
property to come into the City under the R -1, or Single Family Residential Zoning
District. The original subdivision of the property into Lots 13, 14 and 15 of Woodland
Estates occurred in 1941, prior to annexation.
The Commission approved a preliminary plat for this subdivision on March 21, 2002.
The final plat has the following minor change from the approved preliminary plat:
• One single family lot was removed to enlarge the storm water detention facility.
Lot 13 on the approved preliminary plat now encompasses the entire storm
water detention area totaling 0.90 acres.
At the previous public hearing before the Commission on March 21, 2002, many
surrounding property owners expressed concern regarding several issues associated
with the subdivision. The primary concerns expressed were:
Location of the Private Street — Several area residents expressed concern
regarding the location of the private street (Lyceum Drive) along Munson
Avenue. Staff has worked closely with the design engineer on the location of
this street to make sure that it's as far away from the curve in Munson Avenue
as possible for safety reasons. The developer explored the possibility of access
through private property to Dominik and was not successful in acquiring property
off -site. Staff feels that the location of the street is in the best possible location
given the existing physical constraints.
Traffic — Many of the area residents expressed concern regarding the increased
traffic to the area especially to Munson Avenue. In response to these concerns,
the City hired an independent Traffic Impact Assessment by Joseph D.
Blaschke, D. Eng., P.E. (See attached report in your packet.) Dr. Blaschke
summarizes that "From a traffic engineering perspective, the proposed
redevelopment along Munson Avenue will not generate sufficient additional
traffic to either create traffic congestion or cause a concern to public safety. In
addition, no modifications to Munson Avenue would be necessary to
accommodate the increased traffic volume."
Drainage — Many of the area residents expressed concern with the increased
run -off created by this development. Two property owners along Dominik
complained of flooding problems during moderate rainfall. Currently, drainage
flows from the north corner of the subject property, south towards the
intersection of Munson and Dominik. With development of this subdivision, the
run -off will be collected along Lyceum and Sanctuary Drives to the detention
pond. The pond will discharge into a drainage swale that connects to Munson
Avenue. Property owners along Dominik should experience a significant
decrease in the amount of run -off to the rear of their property.
CITY OF COLLEGE STATION
DEVELOPMENT SERVICES
1101 Texas Avenue South, PO Box 9960
College Station, Texas 77842
Phone (979)764 -3570 I Fax (979)764 -3496
TO: � / /
1 777 — �l 51
FROM: Susan Hazlett, Staff Assistant
DATE: May 12, 2003
RE: Staff Report
P &Z Meeting
Following this coversheet is a copy of the Staff Report that was prepared for the following
project. Please keep in mind that staff's responsibility is to provide the Planning & Zoning
Commission with all pertinent facts of a development case, but that staff is not acting as an
advocate for the applicants. Therefore, it is in the applicant's best interest to send a
representative to the Planning & Zoning Commission meeting to speak on behalf of the
proposal.
This item is scheduled for the Thursday, May 15, 2003 Planning & Zoning Commission
Meeting. This meeting will begin at 7:00 P.M. in City Hall Council Chambers. I have
included a copy of the agenda for this meeting. Please contact our office at (979)764-
3570 if you should have any questions. Thanks.
STAFF REPORT
Project Manager: Spencer Thompson Date: June 20, 2002
Email: sthompson @ci.college- station.tx.us
Item: Public hearing, discussion, and possible action on a Final Plat for the University
Preserve Subdivision consisting of 14 acres located near the intersection of Dominik
and Munson Ave. (02- 00500107)
Applicant: Mr. Dale Browne, Ash & Browne Engineering, Inc.
Staff Recommendations: Staff recommends approval of the Final Plat as submitted.
Item Summary: The applicant is requesting Final Replat approval to allow for
development of the subject property into 26 lots (25 single family residential lots and 1
storm water detention area). The property is zoned R -1, single - family and has been
under this zone classification since it was annexed into the City. This development
qualifies, under Section 18 of the Subdivision Regulations, for the minimum lot area
requirement of 8500 SF and the minimum lot width of the "average of the lots in the
block ". The average width of lots in the block was determined to be 113'. All proposed
lots meet this minimum lot width requirement. In addition, the proposed subdivision is
in compliance with the deed restricted lot requirements.
State statute requires a public hearing for replats of property in areas that have been
zoned for residential use for 5 years or more.
Comprehensive Plan Considerations: The Land Use Plan shows the area as Low
Density Single Family Residential, which has a corresponding gross density of 1/3 to 2
dwelling units per acre. The zoning of the property is R -1, Single Family Residential.
Under the R -1 zoning, development could generally occur up to a net density of 8
dwelling units per acre. However, the lots must also meet the provisions of Section 18
of the Subdivision Regulations, which further restrict density and dimensions. With the
application of Section 18, the allowable gross density of the development is
approximately 1.86 dwelling units per acre. The density of the proposed subdivision is
0.56 dwelling units per acre
Standard lot width in an R -1 district is 50 feet. The average lot width requirement that
has been calculated for this development is 113 feet. Lot width is measured at the front
setback line. If the same standard is applied to this development, then the "average of
the lots in the block" requirement is met. The second requirement under Section 18, is
the requirement of a minimum lot area of 8500 SF. When you multiply the 113 -foot lot
width by the standard R -1 lot depth of 100 feet, the minimum lot area allowed is 11,300
SF. The average lot area in this subdivision is 22,869 square feet or just over Y2 acre
per lot.
Item Background: A portion of the subject property was annexed into the City in 1949
and the remainder in 1956. At that time it was standard practice for newly annexed
property to come into the City under the R -1, or Single Family Residential Zoning
District. The original subdivision of the property into Lots 13, 14 and 15 of Woodland
Estates occurred in 1941, prior to annexation.
The Commission approved a preliminary plat for this subdivision on March 21, 2002.
The final plat has the following minor change from the approved preliminary plat:
• One single family lot was removed to enlarge the storm water detention facility.
Lot 13 on the approved preliminary plat now encompasses the entire storm
water detention area totaling 0.90 acres.
At the previous public hearing before the Commission on March 21, 2002, many
surrounding property owners expressed concern regarding several issues associated
with the subdivision. The primary concerns expressed were:
• Location of the Private Street — Several area residents expressed concern
regarding the location of the private street (Lyceum Drive) along Munson
Avenue. Staff has worked closely with the design engineer on the location of
this street to make sure that it's as far away from the curve in Munson Avenue
as possible for safety reasons. The developer explored the possibility of access
through private property to Dominik and was not successful in acquiring property
off -site. Staff feels that the location of the street is in the best possible location
given the existing physical constraints.
• Traffic — Many of the area residents expressed concern regarding the increased
traffic to the area especially to Munson Avenue. In response to these concerns,
the City hired an independent Traffic Impact Assessment by Joseph D.
Blaschke, D. Eng., P.E. (See attached report in your packet.) Dr. Blaschke
summarizes that "From a traffic engineering perspective, the proposed
redevelopment along Munson Avenue will not generate sufficient additional
traffic to either create traffic congestion or cause a concern to public safety. In
addition, no modifications to Munson Avenue would be necessary to
accommodate the increased traffic volume."
• Drainage — Many of the area residents expressed concern with the increased
run -off created by this development. Two property owners along Dominik
complained of flooding problems during moderate rainfall. Currently, drainage
flows from the north corner of the subject property, south towards the
intersection of Munson and Dominik. With development of this subdivision, the
run -off will be collected along Lyceum and Sanctuary Drives to the detention
pond. The pond will discharge into a drainage swale that connects to Munson
Avenue. Property owners along Dominik should experience a significant
decrease in the amount of run -off to the rear of their property.
Attachment
Final Plat Application for University Preserve Subdivision
REQUESTED VARIANCES TO SUBDIVISION REGULATIONS & REASON FOR SAME
April 21, 2003
Under the guidelines set forth in "SECTION 5: VARIANCES" of College Station's "Subdivision Regulations ",
the P & Z Commission is requested to authorize a variance for "partial relief' from "Section 18 -13.2" of
the regulations. Section 18 -13.2 requires that a ". . . lot ... must meet or exceed the average width of the lots
along the street frontage, for all lots in the block aftd contain at least 8,500 .square feet of space, for each
dwelling unit ".
Variance is sought only for the "minimum lot width requirement" of Section 18 -13.2. Variance is not sought
for the "minimum space requirement of 8,500 feet for each lot ", nor from the requirements of the R -1 Zoning
Ordinance.
As discussed below for each of the SECTION 5 requirements that must be satisfied for the Commission to
authorize a variance, the requested variance is not prejudicial to the public interest, it does not create a public
nuisance, and the impact of the variance upon the public health, convenience and welfare of the vicinity is
positive and beneficial.
Section 5: VARIANCES (College Station Subdivision Regulations)
5 -A "Partial" variance from Section 18 -13.2 is requested because "undue hardship" results.
Section 18 -B.2 requires all lots in University Preserve Subdivision to have a minimum width of 113 feet,
and this requirement places an "undue hardship" on citizens who want to buy a lot and build a home in the
subdivision. As a result of the 113 feet minimum -lot width requirement, lots in University Preserve range in
size from 0.3 acre to 0.7 acre, thus requiring people to buy larger -than- desired lots they are unable or unwilling
to maintain, and that require the construction of homes costing more than 3.5 times the average appraisal value
of the homes in the surrounding neighborhood.
To comply with the 113 ft. minimum lot width requirement, lot sizes in University Preserve range from 13,000
sq. ft. to 30,000 sq. ft. — 2.6 to 6.0 times larger than the 5,000 sq. ft. required by the R -1 Zoning Ordinance, and
1.5 to 3.5 times larger than the 8,500 sq. ft. required by Section 18 -13.2.
Land and development costs for the 22 marketable lots in the currently approved plat for University Preserve
average $63,600. Lot prices start at $64,500, and average $81,600 for all lots. Based on the 1998 survey
conducted by the National Association of Home Builders (NAHB), 23.6 percent of the cost of a new home is
the finished lot cost. Using this guideline, the total cost of a new home built on an $81,600 lot should
approximate $350,000 — more than 3.5 times the average appraisal value of the 74 homes surrounding
University Preserve.
The 1/1/03 tax appraisal value of the 74 homes surrounding University Preserve on Munson, Westover and
Dominick is an average $98,301. The 18 homes on Munson between Francis and Dominick have an average
appraisal value of $113,210, the 11 homes on Dominick have an average appraisal value of $102,096, and the
45 homes on Westover have an average appraisal value of $93,926.
5-A.1 Strict application of the subject regulation deprives the applicant of the reasonable use of his land.
The minimum lot width required by the subject regulation prohibits "reasonable" use of the land, because
individuals who want to build a home on a reasonable -size lot are prevented from doing so. The high land and
infrastructure costs required for the large lots necessitated by the minimum width requirement result in: (1)
more costly lots than the lot and home values of the surrounding neighborhood can economically justify, and
(2) result in larger lots than people want to maintain or otherwise can afford. For these reasons, lots have not
sold despite active and intense marketing, thereby depriving the applicant of the reasonable use of his land.
5 -A.2 Variance is necessary for preservation and enjoyment of a substantial property right.
The originally stated objective of the "Moratorium Ordinance" (which is the predecessor of Section 18 -B.2)
was: (1) to avoid increases in area density that aging infrastructure and facilities were not designed to
accommodate; and (2) to protect areas from incompatible increases in density (presumably by controlling the
neighborhood- eroding practice of subdividing large lots into smaller lots that can impugn the character and
integrity of the affected street and surrounding neighborhood).
More than $800,000 was spent for University Preserve infrastructure to supplement the existing infrastructure
of the area (to the full satisfaction of the City); none of the 35 residential lots for which this Replat Application
is submitted have frontage on an existing street; and the construction of new upscale single - family residences in
the subdivision will enhance the character and integrity of the surrounding neighborhood of older lower - priced,
sometimes - deteriorating homes.
Having incurred substantial cost and expended considerable effort to comply with the City's regulations, the
applicant is entitled to the preservation and enjoyment of the "substantial property right" therein earned, by not
being unduly prohibited from making the desirable amenities created in University Preserve available to every
person who wants and otherwise can afford a reasonably -sized lot in a subdivision that complies with the R -1
Zoning Ordinance and with the stated objective of the Moratorium Ordinance.
5-A.3 The variance will not be detrimental to the public health, safety, or welfare, or injurious to other
property in the area, or to the City in administering the chapter.
Like the Grand Oaks Subdivision, University Preserve will be a subdivision that is completely compatible with
the surrounding neighborhood. The "Traffic Impact Assessment" conducted by Joseph Blaschke for the City
found that University Preserve would not create traffic congestion or cause a concern to public health and
safety. Instead of injurious, the upscale homes to be built in University Preserve will substantially enhance the
value and economic incentive to maintain and renovate other property in the area. Allowing this variance will
not create a precedent that would make it difficult for the City to enforce Section 18 -B.2 in the future. There is
little, if any, other land available for development like University Preserve.
5 -A.4 Granting the variance will not have the effect of preventing the orderly subdivision of other land
in the area in accordance with the provisions of this chapter.
Only a "partial' variance from 18 -B.2 is requested — variance only from the minimum lot width requirement,
not from the entire section. Section 18 -B.2 also requires that lots "contain at least 8,500 square feet of space "
(compared with the R -1 minimum area requirement of 5,000 square feet). Each lot in University Preserve's
Replat Application more than satisfies the 8,500 sq. ft. minimum area requirement of 18 -B.2. The average size
of the 35 lots is 10,387 sq. ft. —122% larger than the minimum lot size required by 18 -B.2.
Selection of the appropriate "block" by Staff for calculating the minimum lot width requirement was a difficult,
awkward process, mainly because lots in University Preserve do not have frontage on an existing street. As a
result, "the block" used by Staff for the minimum lot -width calculation was the 3.4 million sq. ft. area
boundaried by Munson, Westover, Dominick and Holt, on which none of the lots replatted in University
Preserve have street frontage, and only 11 of the lots on these four streets are located in the subdivision
(Woodland Estates) from which University Preserve lots are platted. University Preserve bears no resemblance
to the neighborhood- eroding practice of replatting lots on a street into smaller lots that can impugn the integrity
and character of the street and surrounding neighborhood.
The 113 feet minimum lot width calculated by Staff is not contested, but it should be recognized that the task of
determining under 18 -B.2 "the average width of the lots along the street frontage, for all lots in the block" (for a
new subdivision with no lots along the frontage of an existing street) was difficult and resulted in an "undue
hardship" inappropriately placed on citizens. Should a similar situation again occur under 18 -B.2 or other
Subdivision Regulation, the Commission may again be asked to consider a variance. Accordingly, the partial -
variance requested is considered a matter of due process in applying the City's Subdivision Regulations and will
not prevent "the orderly subdivision of other land in the area in accordance with the provisions of this chapter ".
Submitted By: Switzer Deason, President
Crux Financial Services Inc.
University Preserve Subdivision