17 Beezley Preliminary PlatMEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Planning and Zoning Commission
Shawn Napier, P.~
City Engineer /d[ ~'
June 2, 2003
Beezley Estates, Block A, Lots 1-4
I have reviewed the preliminary plat of the above referenced addition. It appears that the
preliminary plat complies with the City of Paris subdivision regulations with the following
exception.
1. In the Subdivision Regulations of the Code of Ordinance under section
VII/. A. Curb and Gutter
Curb and gutter shall be constructed monolithic with the concrete pavement in
accordance with section 29-57 of the City of Paris Code of Ordinances. It shall be
constructed along both sides of all streets and avenues within the subdivision
and along the subdivision's side of all boundary streets. The cost of this work will
not be subject to any participating aid by the City.
· , . 6th
Under this section the developer ~s reqmred to construct curb and gutter along 3
th
St. N.E. The thoroughfare plan shows 36 St. N.E. to be a collector level
roadway, which calls for a 39-feet wide section of pavement and curb and gutter.
The existing roadway is approximately 21-feet wide. The curb and gutter would
be 9-feet from the pavement edge and also cover the existing drainage ditch,
making it impractical. The existing neighboring subdivisions have not installed
curb and gutter on 36th St. N.E or put money in escrow with the City of Pads for
curb and gutter. Where curb and gutter cannot be constructed the developer is
typically required to do a guarantee of construction before the final plat is filed.
This would require the developer to deposit a cheek or cash with the City of Pads
until the curb and gutter is constructed by the developer, in which case the money
would be returned to the developer· If the developer did not construct the curb
and gutter in seven years the money would be deposited into a City of Paris
account.
The following section of the Code of Ordinance addresses what action can be
taken by the Planning and Zoning Commission and the City Council.
Section XVI. Changes and Variations.
A) These rules and regulations are the standard requirements of the City of Paris.
B) A suspension of any of these rules and regulations may be recommended by the
commission, upon a showing that there are special circumstances or conditions affecting
the property in question; that enfomement of the provisions of this ordinance will deprive
the applicant of a substantial property right; and that such suspension, if granted, will not
be materially detrimental to the public welfare or injurious to other property or property
rights in the vicinity. Upon recommendation of a suspension of any of these rules and
regulations by the commission the city council may upon finding that there are special
circumstances or conditions effecting [affecting] the property in question; that
enforcement of the provisions of this ordinance will deprive the applicant of a substantial
property right; and that such suspension, if granted, will not be materially detrimental to
the public welfare or injurious to other property or property rights in the vicinity, grant a
suspension of any of these rules and regulations.
I recommend that the Planning and Zoning Commission and the City Council
grant a variance: the location of the proposed curb and gutter could be a traffic
hazard and drainage issue. The existing ditch line would have to transition to a
curb and gutter section and then back to a ditch. This would cause a water
ponding problem on the upstream side of the ditch. The section of curb and
gutter, if constructed would be the only curb and gutter section on 36th Street N.E.
until you get to Reno Street. The guarantee of construction portion of the Code of
Ordinance requires that the developer put up money in lieu of actually completing
the construction work. This assumes that the developer will come back and
complete the work within a seven-year period. The developer in this case does
not want to construct the curb and gutter.
CC;
Michael E. Malone, City Manager
Larry W. Schenk, City Attomey
Steve Methven, Building Official
Jim Nelson, R.P.L.S., Nelson Surveying Co.
Mike & Betty Beezley
PREU~INARY PLAT
Lots 1, 2, 8, ~ 4, BI~ 'A'
Beezley Eststes
lot 2
0
185.00'
IIno~ Plat
Lot 10
Approved:
Date:
tot 1
lot 4
~529,50 I
50 25 0
J,M. N~IO~1, RPL$ of Texas, #4025 date
Nelson Surveying Compl~ny I
g~O N. I/m~ St. Paris, Tex~ 754~0