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Staff ReportSTAFF REPORT Project Manager: Jennifer Prochazka, Staff Planner Date: October 21, 2004 Email: jprochazka@cstx.gov Item: Public hearing, discussion, and possible action on a request for a variance to Section 10 of the Subdivision Regulations and Final Plat of the Barron Hill Subdivision, consisting of 2 lots on 5.1 acres, located at the northwest corner of Alexandria Avenue and Barron Road. Applicant: Kerr Surveying, applicant for Lance & Karen Leschper, property owners Staff Recommendations: Staff recommends approval of the Final Plat. If the variance is denied, the Commission may still approve the Final Plat. Item Summary: The applicant is proposing to subdivide the property into two lots. Lot 1, being 2.664 acres, will continue to be used as a single family residence. The City of College Station has Lot 2, being 2.199 acres, under contract for the relocation of Fire Station No. 3, which is currently located on the Highway 6 Frontage Road. 0.246 acres is proposed as dedication for Barron Road right-of-way. The Unified Development Ordinance permits a Final Plat to be approved without filing a Preliminary Plat if all of the requirements of the Preliminary and Final Plat are complied with on the Final Plat. This plat has met this requirement. A copy of the Preliminary Plat has been included in your packet. The property owner has requested a variance to Section 10 of the Subdivision Regulations, Requirements for Park Land Dedication. Please see the attached letter from the property owner for justification for the variance. Although two separate variances were requested in the attached letter, the Planning & Zoning Commission may only consider and take action on the first request. The second request stated in the letter is a waiver to the livestock permitting process; the Planning & Zoning Commission has no discretion over this matter. The Subdivision Regulations Section 5-A state that "The Commission may authorize a variance from the regulations when, in their opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Commission shall prescribe only conditions that it deems not prejudicial to the public interest. In making the findings hereinbefore required, the Commission shall take into account the nature of the proposed use of the land involved, the existing used of the land in the vicinity, the number of persons who will reside or work in the proposed subdivision, the possibility that a nuisance will be created, and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No variance may be granted unless the Commission finds: 5-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; 5-A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 5-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; and 5-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." Comprehensive Plan Considerations: The Land Use Plan designates this property and the surrounding area as Single-Family Medium Density. The current R-1 zoning is in compliance with the Comprehensive Plan. Alexandria Avenue is designated as a Minor Collector and Barron Road is designated as a Minor Arterial on the Thoroughfare Plan. The plat is in compliance with the Subdivision Regulations. Item Background: The property was annexed in 1995 and zoned A-O Agricultural Open at that time. The property has never been platted. Budgetary & Financial Summary: None Related Advisory Board Recommendations: The Parks Board recommended approval of fee in lieu of land dedication, however, the property owner has requested a variance to the Park Land Dedication requirement. Commission Action Options: The Commission has final authority over the final plat. The options regarding the final plat are: ■ Approval ■ Denial Supporting Materials: 1. Location Map 2. Aerial 3. Application 4. Variance request letter 5. Infrastructure and Facilities 6. Copy of Preliminary Plat INFRASTRUCTURE AND FACILITIES Water required for plat: Each lot is required to have public water service, as shown on the plat. Water Service: There is an existing 6" water main stubbed out across Alexandria Avenue to the subject property as well as access to a 12" water main along Barron Road. Sewer required for plat: Sewer to be provided to each structure, as required. Sewer Service: There is an existing 6" sewer main stubbed out across Alexandria Avenue to the subject property. Street(s) required for plat: All streets shown on plat are required for this subdivision. Streets/Access: Alexandria Avenue is designated as a Minor Collector and Barron Road is designated as a Minor Arterial on the Thoroughfare Plan. The City currently is in the process of improving Barron Road. The Council has approved acquisition of ROW along this property. Off-site Easements required for plat: None known to be needed at this time. Drainage: The site is the top of the hill. Drainage is generally toward the adjacent residential areas Flood Plain: No FEMA floodplain is located on this property. Oversize request: None requested at this time. Impact Fees: None Parkland Dedication Fees: The Parks Board approved fee in lieu of land dedication in the amount of $1112.00, however, the property owner has asked for variance to this requirement. Barron Hill FP (04-225) SAM: This item is for consideration of a Final Plat for Barron Hill, located on the northwest corner of Barron Road and Alexandria Avenue. The property is approximately 5 acres and is being divided into 2 lots.. The property owner has requested a variance to Section 10 of the Subdivision Regulations which requires Park Land Dedication. The applicant cites the current and proposed use of the property as justification for the variance request. If you have had a chance to read through the letter provided by the applicant, you may have seen that two variances were requested. You may only consider and take action on the variance to the Park Land Dedication Requirements. The P&Z does not have discretion over livestock permits. Staff recommends approval of the Final Plat. If you choose to deny the variance, the Commission may still approve the Final Plat. Comprehensive Plan Considerations: The property is zoned R-1 and is in compliance with the Land Use Plan. Alexandria Avenue is a Minor Collector and Barron Road is a Minor Arterial on the Thoroughfare Plan. The plat is in compliance with the Subdivision Regulations and Comprehensive Plan. • Lot 1, being 2.664 acres, will continue to be used as a single family residence. • Lot 2, being 2.199 acres, under contract for the relocation of Fire Station. • 0.246 acres is proposed as dedication for Barron Road right-of-way. Related Advisory Board Recommendations: The Parks Board recommended approval of fee in lieu of land dedication, however, the property owner has requested a variance to the Park Land Dedication requirement. Item Background: The property was annexed in 1995 and zoned A-O Agricultural Open at that time. The property has never been platted. The Subdivision Regulations Section 5-A state that "The Commission may authorize a variance from the regulations when, in their opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Commission shall prescribe only conditions that it deems not prejudicial to the public interest. In making the findings hereinbefore required, the Commission shall take into account the nature of the proposed use of the land involved, the existing used of the land in the vicinity, the number of persons who will reside or work in the proposed subdivision, the possibility that a nuisance will be created, and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No variance may be granted unless the Commission finds: 5-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; 5-A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 5-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; and 5-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." INFRASTRUCTURE AND FACILITIES Water required for plat: Each lot is required to have public water service, as shown on the plat. Water Service: There is an existing 6" water main stubbed out across Alexandria Avenue to the subject property as well as access to a 12" water main along Barron Road. Sewer required for plat: Sewer to be provided to each structure, as required. Sewer Service: There is an existing 6" sewer main stubbed out across Alexandria Avenue to the subject property. Street(s) required for plat: All streets shown on plat are required for this subdivision. Streets/Access: Alexandria Avenue is designated as a Minor Collector and Barron Road is designated as a Minor Arterial on the Thoroughfare Plan. The City currently is in the process of improving Barron Road. The Council has approved acquisition of ROW along this property. Off-site Easements required for plat: None known to be needed at this time. Drainage: The site is the top of the hill. Drainage is generally toward the adjacent residential areas Flood Plain: No FEMA floodplain is located on this property. Oversize request: None requested at this time. Impact Fees: None Parkland Dedication Fees: The Parks Board approved fee in lieu of land dedication in the amount of $1112.00, however, the property owner has asked for variance to this requirement.