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HomeMy WebLinkAboutJustification for Variance Williams Creek Estates Subdivision Amended Master Development Plan Justification for Variances Section 12-1.5 Half-Streets This section requires that no half-streets shall be platted. The existing Rock Prairie Road right-of-way has never been dedicated as a public street right-of-way. During the platting process, this development will dedicate one-half(35') of the 70' right-of-way required for Rock Prairie Road as a major collector street. The 35' wide right-of-way dedication is from the current center of Rock Prairie Road. A.1 That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; The Owner of the property can only dedicate right-of-way for land that they own. Since the property line is to the middle of the existing road, they can only dedicate half of the right-of-way needed for the major collector street proposed on the alignment of Rock Prairie Road. A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; Rock Prairie Road is currently utilized as a public roadway even though the existing right-of-way was never acquired by Brazos County or the City of College Station. The right-of-way dedication to the City of College Station should be shared equally by the landowners of the road. A.3 That the granting of 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 this chapter; Since the road is existing, dedication of half the right-of-way has no effect on these items. A.4 That the granting of 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. The granting of this variance and the subsequent platting of the right-of-way dedication will set the alignment of Rock Prairie Road. The surrounding property can be developed in an orderly manner with Rock Prairie Road in its current location. Section 12-1.11 Geometric and Pavement Standards This section references Table 1 in Section 8-G.10 for street standards. The Street Design Criteria in this section of the Ordinance has a maximum grade of 6% for a rural residential street. Portions of the property in the proposed Williams Creek Estates Subdivision rise from Elevation 206 to Elevation 254. The existing ground in this area ranges in slope from 4% to 15%with most of the area greater than 6%. Therefore, streets perpendicular to the slope of the land would not be in accordance with the Subdivision Ordinance. Also, it is good engineering practice to avoid these steep grades if possible. An 8% street grade is allowed for urban residential streets. The Developer is requesting that the streets in this subdivision be constructed to grades up to 8% instead of 6%. A.1 That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; The existing ground in a portion of the Williams Creek Estates Subdivision is steep, up to 15%. It is not likely that the subdivision can be developed with streets that are limited to a maximum grade of 6%. A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; The development of this Subdivision will require construction of streets at grades greater than 6% due to the existing terrain. A.3 That the granting of 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 this chapter; Streets with steep grades up to 8% are very common in hilly and mountainous areas, so streets with a steep grade for this subdivision should not be detrimental to the public health, safety, or welfare, or injurious to other property in the area. A.4 That the granting of 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. The surrounding land will still be able to develop in any manner acceptable to the City of College Station. The granting of this variance will not prevent the orderly subdivision of other land. Section 12-K.1 - General This section requires that block length shall not exceed 1,500' in rural subdivisions. The Developer requests a variance to this requirement due to the topography of a portion of this property. The property adjacent to the floodplain in the proposed Williams Creek Estates Subdivision rises from Elevation 205 to Elevation 254. The existing ground in this area ranges in slope from 4%to 15 %with most of the area greater than 10%. Reducing the block length by the addition of more connecting streets would require the construction of streets at grades which exceed the maximum design grade allowed. Also, some of the connecting streets may cross existing streams,which are regulated by the Corps of Engineers(COE). The COE would prefer that the number of stream crossings be minimized. A.I That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; The special circumstance is the steep topography in the subdivision that limits the location and alignment of streets. It is not desirable to have several streets which have sections that are at a steep grade. A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; In order to develop the Subdivision as planned this variance is necessary so there will not be additional streets which must traverse the existing steep grades. A.3 That the granting of 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 this chapter; Granting this variance should not have any effect on the public health, safety, or welfare, or injurious to other property in the area as residential streets with steep grades are very common in many other areas of the country. A.4 That the granting of 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. The surrounding land will still be able to develop in any manner acceptable to the City of College Station. The granting of this variance will not prevent the orderly subdivision of other land. 12-J Easements- Section-J.2 Utility Easements: This section requires utility easements twenty feet(20') in width to be located either at the front or rear of all lots. In order to protect more of the existing vegetation, the Developer requests a variance to this section to allow these utility easements to be less than twenty feet(20')in width with a fifteen feet(15')minimum width. The street right-of-way is seventy feet(70') in width and with 2 fifteen feet(15') utility easements the total width is one hundred feet(100'), which will be cleared. The Developer desires to reduce the amount of existing vegetation to be removed by the street and utility construction and feels that this is sufficient width to accommodate the street and utility construction. A.1 That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; The subdivision property is primarily wooded with many large trees. Reducing the area to be cleared will save some of the trees. A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; The Developer desires to leave as much of the existing vegetation in place to enhance the subdivision. A.3 That the granting of 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 this chapter; There will be adequate space for all the necessary utilities and infrastructure even with the reduction in easement width; therefore,the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area. A.4 That the granting of 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. The surrounding land will still be able to develop in any manner acceptable to the City of College Station. The granting of this variance will not prevent the orderly subdivision of other land. 12-R.3 Sanitary Sewer Master Plait This section requires a Gravity Sanitary Sewer Master Plan to be designed for the subdivision. The Developer requests a variance to this section since it is proposed that the residential lots will each have its own on-site sewage facility. The Developer requests that the plan and profile layouts of all future gravity lines not be required,but that only a schematic plan of the sewer system be provided. The time and expense required to provide plan and profile drawings is significant and these drawings will be of little benefit since the sewer system is not likely to be constructed. A.1 That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; Due to the topography of the property, large 1+acre lots with on-site sewage facilities have been planned for this property. Sanitary sewer service is not required. A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; The subdivision is proposed without sanitary sewer service, so a detailed Sanitary Sewer Master Plan is not necessary. The preparation of the detailed plan and profile drawings will be timely and costly. A.3 That the granting of 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 this chapter; The granting of this variance should not have an effect on these items. A.4 That the granting of 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. The surrounding land will still be able to develop in any manner acceptable to the City of College Station. The granting of this variance will not prevent the orderly subdivision of other land. • Section 15: Ownership This section requires that, "Upon completion by the subdivider, and acceptance by the City of the streets, alleys, sidewalks, parks, drainage facilities, and utilities required to be installed by the subdivider,they shall become the property of the City of College Station,Texas." The Developer is requesting a variance to this section since the Subdivision is located in the CCN area of Wellborn Special Utility District. The water service will be provided by Wellborn SUD and water improvements will be owned by them. The water system will be constructed to meet all City of College Station standards and requirements. A.1 That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; This tract of land is located in the service area of Wellborn Special Utility District(SUD) for water service. Water services to the residents of this subdivision will be provided by Wellborn through their waterlines. A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; Water service to each residence, as well as fire hydrant flow,is necessary for the development of the subdivision. Wellborn SUD will take the ownership of the waterline after they are constructed and accepted by Wellborn SUD. A.3 That the granting of 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 this chapter; The granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area because the waterlines will be designed and constructed to meet all State and City of College Station guidelines, specifications and regulations. A.4 That the granting of 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. The surrounding land will still be able to develop in any manner acceptable to the City of College Station. The granting of this variance will not prevent the orderly subdivision of other land.