HomeMy WebLinkAboutStaff Comments (2) Page 1 of 1
Lindsay Boyer - Development Plats
From: Alan Gibbs
To: Cotter, Carol; Norton, Josh; PLANNING
Date: 9/8/2005 5:35 PM
Subject: Development Plats
FYI - From a meeting with Joey, Lance, and Lindsay - the interpretation of our CURRENT ordinances is as
follows:
Any development, regardless of tract size, requires that site be platted -this can be by Development Plat (or
Final Plat).
Development Plats have a minimum lot size of 5 acres.
The Subdivision Regulations' infrastructure requirements, including fire flow (No Variance Procedure) do not
apply to Development Plats.
Minor Plats are distinct from Development Plats (i.e. - Minor Plats require conformance to Subdivision
Regulation's infrastructure requirements and can be approved at staff level.)
When a Building Permit is pulled, fire flow requirements are triggered per the Fire Code. A variance to the fire
flow requirements may be considered by the Construction Board of Appeals (which is often presented by the
Fire Marshall).
file://C:\Documents and Settings\lbover\Local Settings\Tema\GW100002.HTM 9/9/2005
Lindsay Boyer- Re: Fwd: Variance questi"n - my opinion Page 1
From: Angela DeLuca
To: Jane Kee; Mark Smith
Date: 9/13/2004 10:17:10 AM
Subject: Re: Fwd: Variance question - my opinion
I've spoken with Harvey, it meets the requirements for the Construction Board to hear the request.
If there are further issues, I suggest the departments get together to resolve. Mark, you are welcome to
discuss your views at the meeting this evening.
Angela M. DeLuca
Assistant City Attorney
P.O. Box 9960
College Station, Texas 77842
(979) 764-3507
Fax: (979) 764-3481
adeluca@cstx.gov
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>>> Mark Smith 9/13/2004 8:48:31 AM >>>
I see that 3.3 A. 3. requires "Any person who proposes the development of a tract of land within the
City limits or the extraterritorial jurisdiction of the City of College Station must have a Development Plat of
the tract prepared in accordance with this Section."
It does not say what conditions must be met with that application.
Here is what the LGC says;
§ 212.047. APPROVAL OF DEVELOPMENT PLAT. The
municipality shall endorse approval on a development plat filed
with it if the plat conforms to:
(1) the general plans, rules, and ordinances of the
municipality concerning its current and future streets, sidewalks,
alleys, parks, playgrounds, and public utility facilities;
(2) the general plans, rules, and ordinances for the
extension of the municipality or the extension, improvement, or
widening of its roads, streets, and public highways within the
municipality and in its extraterritorial jurisdiction, taking into
account access to and extension of sewer and water mains and the
instrumentalities of public utilities; and
(3) any general plans, rules, or ordinances adopted
under Section 212.044.
In the absence of any general plans, rules, or ordinances adopted under Section 212.044 of the LGC
stating some other requirements, then our existing general plans, rules, or ordinances would apply. I think
that those rules would be the ones contained in the Subdivision Regulations. That would include the fire
flow requirements.
8-0 Water Supply
All subdivisions shall be provided with water supply and distribution systems for fire protection and
Lindsay Boyer- Re: Fwd: Variance questirn - my opinion Page 2
domestic use.
All water mains, distribution and service lines shall be constructed as provided by the Bryan/College
Station Unified Design Guidelines and the Bryan/College Station Unified Technical Specifications and all
applicable state and federal requirements. Where there is a conflict of standards, the more stringent
standard as determined by the City Manager, or his designee, shall apply. The City shall accept for public
use only water mains, distribution and service lines that comply with these standards for construction."
Mark Smith
Director of Public Works
979-764-3690
>>>Jane Kee 9/13/2004 8:19:15 AM >>>
They are in Section 3.3 Subdivision Plat Review. When it is required is written in 3.3 A. 3. In simple
terms, a development plat is required when property has never been platted and a "normal"subdivision
plat is not required. It catches properties previously exempt from platting (divided pre-1970) and those that
are not dividing property but are developing. It is an effort to gain comp plan compliance.
Jane Kee, AICP
City Planner
City of College Station
College Station, Tx. 77845
(979)764-3570
FAX(979)764-3496
jkeetacstx.gov
College Station. Embracing the Past, Exploring the Future.
>>> Mark Smith 9/10/2004 5:08:37 PM >>>
Where in the UDO are the general requirements for a Development Plat?
What are the conditions that kick in the Development Plat requirement?
Mark Smith
Director of Public Works
979-764-3690
>>>Jane Kee 9/10/2004 4:48:05 PM >>>
Hello, Angela. Eric asked me about this property and whether it is platted.
It is required to be platted under the Development Plat requirements which are found in the UDO not the
Subdivision regulations. Spencer has understood from Rox that the subdivision amendment regarding fire
flows (which allows no variance)does not apply to Development plats because this type of plat is in the
UDO.
However, when the person tries to get a building permit the fire protection issue is there again and there is
a variance provision for that application of the code which, as you know, goes to the Bldg. Construction or
Standards Board (I never remember the correct name.)
I hope this clarifies or answers this for you. thanks
Jane Kee, AICP
City Planner
City of College Station
Lindsay Boyer- Re: Fwd: Variance questi^-, - my opinion Page 3
College Station, Tx. 77845
(979)764-3570
FAX(979)764-3496
jkee( cstx.gov
College Station. Embracing the Past, Exploring the Future.
>>> Eric Hurt 9/10/2004 4:16:46 PM >>>
>>>Angela DeLuca 9/10/2004 4:12:21 PM >>>
Please find out if this property has been platted or needs to be platted. If it has been platted, then the new
ordinance applies.
If it's a piece of property that doesn't need to be platted and is exempt from the subdivision requirements,
then the Board can consider the variance request and the item can stay on the agenda.
Let me know. In the future, please provide all documentation(application, staff report, etc.)for legal review
at least a few days before the agenda is posted.
Thanks
Angela M. DeLuca
Assistant City Attorney
P.O. Box 9960
College Station, Texas 77842
(979) 764-3507
Fax: (979)764-3481
adelucacstx.qov
This e-mail and/or attachment is for the sole use of the intended recipient(s)and may contain confidential
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CC: Eric Hurt; Joey Dunn; Lance Simms; Natalie Ruiz; Spencer Thompson