HomeMy WebLinkAboutRes 2015-10-124 Waiver for Anna Town Square Development (2).pdf CITY OF ANNA, TEXAS
RESOLUTION NO. 2015-10-124
(Waiver for Anna Town Square Development)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A REQUEST BY ANNA
CROSSING AMC, LTD FOR A WAIVER OF CERTAIN REQUIREMENTS IN PART III-A,
ARTICLE 3, SECTION 1.03(d) OF THE ANNA CITY CODE REGARDING VEHICULAR
ACCESS TO A 9.482 ACRE TRACT OF LAND LOCATED IN THE GRANDISON STARK
SURVEY, A-798, IN THE ANNA TOWN SQUARE DEVELOPMENT
WHEREAS, In order to provide for the orderly development of land within the Anna city limits,
the City Council of the City of Anna, Texas (the "City Council") has adopted Part III-A of the
Anna City Code of Ordinances ("Subdivision Regulations"); and
WHEREAS, Article 1, Section 10 of the Subdivision Regulations allow the City Council to
consider waivers or suspensions of certain provisions of the Subdivision Regulations where
the Council finds that undue hardships will result from strict compliance with certain
provisions, or where the purposes of the City regulations may be served to a greater extent
by an alternative proposal; and
WHEREAS, Anna Crossing AMC, Ltd is requesting that the City Council waive or vary the
requirements in Article 3, Section 1.03(d) of the Subdivision Regulations regarding vehicular
access to a 9.482 acre tract of land located in the Grandison Stark Survey, A-798, within the
Anna Town Square development; and
WHEREAS, the Planning and Zoning Commission reviewed this waiver request on October
5, 2015 and recommended that the City Council approve the waiver subject to compliance
with the certain conditions described herein; and
WHEREAS, the City Council finds that granting the waiver will not be detrimental to the public
safety, health or welfare, and will not be injurious to other property or to the owners of other
property, and the waiver will not prevent the orderly subdivision of other property in the
vicinity; and
WHEREAS, the City Council finds that the conditions upon which the request for a waiver is
based are unique to the property for which the waiver is sought, and are not applicable
generally to other property; and
WHEREAS, the City Council finds that because of the particular physical surroundings,
shape and/or topographical conditions of the specific property involved, a particular undue
hardship to the property owner would result, as distinguished from a mere inconvenience or
increased expense, if the strict letter of these regulations is carried out; and
WHEREAS, the City Council finds that the waiver will not in any manner vary the provisions
of the Zoning Ordinance, Comprehensive Plan (as amended), or any other adopted plan(s) or
ordinance(s) of the City; and
WHEREAS, the City Council finds that an alternate design will generally achieve the same
result or intent as the standards and regulations prescribed in City's regulations;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Waiver
The City Council hereby approves a waiver of certain requirements in Part III-A, Article 3,
Section 1.03(d) of the Anna City Code regarding vehicular access to a 9.482 acre tract of
land located in the Grandison Stark Survey, A-798, and further described in Exhibit 1 (the
"Property"); subject to the following limitations and conditions:
a) City Regulations mean City Code provisions, ordinances, design standards, uniform
codes, and other policies duly adopted by the City of Anna, Texas (the "City').
b) This waiver shall only apply to development of the Property for a multi-family
development consistent with the Concept Plan attached hereto as Exhibit 2 (the
"Concept Plan").
c) The Concept Plan is for illustrative purposes only and shall not be viewed as part of a
development application or a request for a permit. Changes to the concept plan may
be required in order to meet the technical requirements of the City Regulations.
d) The owner of the Property shall construct a minimum two-lane extension of Finley
Blvd. and a four-lane median divided connecting road to a point intersecting with
internal access roads that provide at least two routes to the interior of the Property as
shown on the Concept Plan. All such roadways shall be constructed to meet all
applicable City Regulations.
e) The owner of the Property shall construct a temporary access road from the
intersection of Finley Blvd. and the four-lane median divided connecting road to a point
that connects to end of the completed section of Leonard Blvd. consistent with the
alignment shown on the Concept Plan (the "Temporary Access Road").
f) The Temporary Access Road shall be designed by a Professional Engineer (P.E.) who
shall certify to the City of Anna in letter form that the temporary access as designed
will support fire apparatus as outlined in the International Fire Code, latest edition.
Such design shall be adjusted as necessary based upon a geotechnical survey.
g) Construction plans for the Temporary Access Road shall be subject to review and
approval by the City.
RESOLUTION NO. 2015-10-124 2
(Waiver for Anna Town Square Development)
h) The surface of the Temporary Access Road shall be a minimum of two-course
Bituminous Surface Treatment (Chip Seal) as outlined in the North Central Texas
Council of Governments (NCTCOG) Standard Specifications for Public Works
Construction, latest edition, Division 400, Section 404.4 Bituminous Surface Treatment
(Chip Seal) on appropriate sub-grade (minimum 8" of flex-base) as outlined in Division
300, Section 301, consistent with Exhibit 3.
i) The minimum width of the Temporary Access Road shall be twenty-four feet (24').
j) The Temporary Access Road design shall include a full storm sewer design plan with
supporting hydraulic calculations to demonstrate that the drainage area surrounding
the temporary access is conveyed properly without damaging upstream or
downstream properties and that storm water will be conveyed so as to not degrade the
quality or functionality of the Temporary Access Road.
k) The design engineer shall supply a letter to the City of Anna certifying that there is no
adverse impact to upstream or downstream properties as a result of the temporary
access and storm sewer design.
1) The Temporary Access Road shall be owned and maintained in perpetuity in its
constructed condition by the Anna Town Square Homeowners Association Inc. (the
"HOA"). Legal documents binding the HOA with the obligation to perpetually maintain
the Temporary Access Road and dedicate right-of-way necessary to comply with
Section 2(n) below shall be subject to review and approval by the City Attorney.
m) The City of Anna may inspect the Temporary Access Road at its discretion and require
the HOA to make any repairs that are necessary to return the roadway to its
constructed condition.
n) The Temporary Access Road shall be gated at each terminus and a knox box shall be
installed at each gate subject to approval by the City of Anna Fire Department.
o) A section of the Temporary Access Road shall be replaced with a permanent concrete
public roadway when property located adjacent to that section of the Temporary
Access Road is developed. Any such replacement roadways shall be constructed to
comply with all applicable City Regulations. When replacement with a permanent
public road is required, rights-of-way of appropriate width shall be dedicated by the
HOA and any other owners of the affected property. Regardless of the location of the
adjacent property to be developed, replacements of the Temporary Access Road
required under this Section shall extend and connect to at least one terminus of the
Temporary Access Road. Access gates and locking devices required under Section
2(m) shall be relocated as appropriate by the developer of the adjacent property.
p) The Temporary Access Road shall be not be used as one of the points of access
required under Part III-A, Article 3, Section 1.03(d) of the Anna City Code in
connection with the development of any other property.
RESOLUTION NO. 2015-10-124 3
(Waiver for Anna Town Square Development)
PASSED on this 27th day of October 2015.
ATTEST: �j%jO1%111110/j'A,,PPROVED:
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..........
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Carrie L. Smith, City Secretaq,� gist, Mayor
x 1�'SO
RESOLUTION NO. 2015-10-124 4
(Waiver for Anna Town Square Development)
ANNA CROSSING AMC, LTD
By: Anna Crossing AMC GP Corporation, its General Partner
8214 Westchester Suite 710, Dallas,Texas 75225
i
z
September 8,2015
Philip Sanders
City of Anna
111 N.Powell Parkway
P.O. Box 776
Anna,TX 75409
Dear Philip,
With regard to our proposed 180-unit multi-family Palladium Anna development in Anna Town
Square ('ATS"),we respectfully request the City to waive its requirement that each subdivision have two
fully paved access points connecting to the City's approved roadway system.. Anna Crossing AMC, Ltd. is
proposing an alternative solution that provides one fully improved access point and a second emergency
access point that provides for the health,safety,and welfare of citizens and emergency personnel. The
ATS master plan is in a hardship at this time being that any immediate,full and secondary point of
access in addition to the very costly main entrance and DART crossing that is under construction)to ATS
will have to have collaboration with other land owners to the north or south and cover very long
distances. We have already made an enormous investment in the City with tremendous offsite utility,
road infrastructure and a beautiful amenity package to kick start the master plan. Building a critical
mass now is crucial to the success of the master plan and surrounding area, and Palladium Anna will
bring high quality standards for the multi-family component of ATS.
In order to make Palladium a reality and for ATS to achieve the essential critical mass,we need the
City's help to allow Anna Palladium to have one paved access point to City improved roadways, and a
second emergency access point of flex-base material described in more detail below.
We wish to thank the City of Anna for allowing ATS and Palladium to present the first proposed
multi-family component of Anna Town Square. We believe that the addition of the Palladium
community inside Anna Town Square will be a catalyst for quality multi-family development in Anna
Town Square and accelerate commercial development in ATS,which will help foster the continued
economic growth of the City of Anna.
Palladium is a high quality builder/operator that is making a long-term ownership commitment with
a minimum 15 year holding period. They have extensive experience in building a variety of quality
multifamily projects. We have worked together over the last several months to design an attractive,
high quality multi-family development that the City, Palladium,and ATS can be proud to endorse.
In connection with the Anna Palladium development, we are proposing to construct all the
necessary public improvements to serve the site with water,sewer,and vehicular access from the newly
improved Finley Boulevard and Sharp Street intersection(Exhibit A). In order to satisfy the City's
requirement for each subdivision to have two points of access to the City's improved road system,we
are proposing that the City allow us to:
August 31, 2015
Page 2 of 4
Mr. Philip Sanders
1. Construct the second point of access on Finley Boulevard out of a temporary flex-base material
rated for the use of emergency vehicles(Exhibit B: Blue) until such section is fully paved with the
development of contiguous land.
2. This section will connect from the existing concrete portion of Leonard Boulevard (Exhibit B:
Green)and extend to the proposed extension of Finley Boulevard(Exhibit B: Orange)that will be
constructed with Palladium Anna.
3. We will prepare fully engineered plans of the flex-based access road, including a plan and profile
to show how the roadway will drain and not wash out or dam up water on the site. (example
shown in Exhibit C)
4. We will provide a design for the cross section that will be fully approved by a geotechnical
engineer to verify that the flex-base road along with any required surface treatment is adequate
for emergency vehicle use. (example shown in Exhibit D)
Your response e-mail on August 21St to our initial request for the waiver outlined the City's concerns
with our request due to maintenance concerns and the qualifications under Article 1,Section 10 of the
City Regulations.
i
Addressing the maintenance issue first,you asked"What assurance would the City have that
the private access road is perpetually maintained in a manner to accommodate emergency vehicle E
traffic?"
Response:The Anna Town Square HOA will agree in writing to maintain the access road until
such time that the permanent road is constructed at such time as the contiguous property is
developed.
Required qualifications under Article 3.,Section 10 of the City Regulations:
1. Granting the waiver/suspension will not be detrimental to the public safety,health or welfare,
and will not be injurious to other property or to the owners of other property,and the
waiver/suspension will not prevent the orderly Subdivision of other property in the vicinity.
i
Response: As stated previously,the flex-base road will be provided as the second point of
access in the event of an accident on or around Palladium Anna. If Finley Boulevard is blocked for
any reason,emergency personnel will be able to access Palladium Anna from the flex-base road with
the same efficiency and safety as a paved road.
The flex-base road will not be injurious to other property of the owners of other property
because the alignment of the road will be the same alignment as the future Finley Boulevard. The
land that the flex-base road will be constructed on will be dedicated to the City and used for the
future alignment of Finley Boulevard. In addition, easements will be granted by all property owners
in which the flex-base road passes through.
2. The conditions upon which the request for a walver/suspension Is based are unique to the
property for which the waiver/suspension is sought,and are not applicable generally to other
property.What are the unique property conditions that you would ask the Council to
consider?
Response: Anna Town Square is a property unique in its location due to the access restriction
imposed on it by the DART Railroad that borders the master plan on the west,and a lack of any
August 31, 2015
Page 3 of 4
Mr. Philip Sanders
infrastructure in the area.The only points of access to the City's improved roadway system for ATS
are Hwy 5 and County Road 422 (See Exhibit B).The developer has financed upwards of$450,000
for the DART crossing and approximately$1,500,000 for just the spine road improvements to create
circulation from Hwy 5 to CR 422. The DART crossing creates a unique burden on this property
because DART(an entity separate from the owner and the city)controls ATS'access to Hwy 5,the
City's only major north south thoroughfare on the east side of town. DART has repeatedly refused
multiple requests from the developer and the City for additional crossings for this development
and/or any other locations along this line. The only other major thoroughfares in proximity to ATS
are FM 455 and the Collin County Outer Loop which are both almost a mile from the nearest
termination point of the currently improved spine road within ATS(Exhibit E).This creates a very
difficult and unusual circulation impediment.
If the developer is forced to extend Finley Boulevard and Leonard Boulevard with pavement
instead of flex-base to complete the circulation of ATS within itself, the developer will be forced to I
construct nearly the same distance of pavement as would be necessary to connect to FM 455 or the
Collin County Outer Loop. This cost was not contemplated to be a requirement until the property
contiguous to this road was developed. If the DART Rail did not impede access to Hwy 5, Palladium
Anna could draw one point of access from Finley Boulevard as proposed in Exhibit B,and a second f
point of access would be provided from Hwy 5 (only 500 feet away). Due to DART constraints,this is
not an option four us.
3. Because of the particular physical surroundings,shape and/or topographical conditions of the
specific property involved,a particular undue hardship to the Property Owner would result,as
distinguished from a mere inconvenience or increased expense, if the strict letter of these
regulations is carried out.It is our understanding that the primary reason for the request is to
address a financial concern related to the development. We are not aware of other issues
related to this request that would support finding(3)above.
Response: As we have discussed with the City at length,the looping of the road is an l
extraordinary financial challenge for the development. However, it is caused by the geographic and E
development constraints due to DART. As previously stated,the DART Rail is a"physical
surrounding" which causes an "undue hardship"given the fact it cannot be moved,crossed, nor f
circumvented due to either lawful restrictions by its owner(DART) and/or an extremely high cost
burden to the developer.
4. The waiver/suspension will not in any manner vary the provisions of the Zoning Ordinance,
Comprehensive Plan(as amended), or any other adopted plan(s)or ordinance(s) of the City;
and
Response:The flex-base road will not vary the provisions of the Zoning Ordinance,
Comprehensive Plan (as amended),or any other adopted plan(s)or ordinance(s)of the City to other
property of the owners of other property, because Palladium Anna and the flex base road
installation will set the future road alignment for Finley Boulevard to intersect Leonard Boulevard.
This segment of road will remain within the boundary of ATS and will not affect any neighboring
properties zoning and will follow the general alignment laid out by the City's Future Land Use Plan.
5. An alternate design will generally achieve the same result or intent as the standards and
regulations prescribed in City's regulations.
August 31,2015
Page 4 of 4
Mr. Philip Sanders
Response: The alternate design will achieve the same result as the city's standards and
regulations. The flex-base road will allow two points of access in the case of an emergency and it
will be built along the prescribed alignment of the Future Finley Boulevard as to not affect the
planning of any other parcel of land. The flex-base road will allow the developer to follow the City's
requirement of building the road contiguous to the property being developed. Therefore,the same
results are achieved by building a new road up to the entrance of Palladium and constructing a flex-
base emergency access within the future Finley Boulevard ROW to Leonard Boulevard.
Our proposed request offers a mutually beneficial solution to provide the access needed to continue
to gain critical mass in the master plan,while maintaining the health,safety, and welfare of ATS and the
City's citizens, and relieve ATS of this undue hardship. Anna Crossing AMC, Ltd. is not requesting that it j
be relieved of its obligation to construct Finley Boulevard and Leonard Boulevard.We are requesting to
fulfill our obligation as property contiguous to the flex-base road is developed.
i
Thank you for your consideration,
John D. Arnold
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TBU Firm No.813
WHERE IT ALL BEGINS
June 17,2014
BH Please 1H SF,Ltd.
8214 Westchester, Suite 710
Dallas,Texas 75225
Attention:Mr.John Arnold,
Re: Addendum to Geotechnical Exploration
Breezy Hill-Phase 111/1V
Off Breezy Hill Road
Rockwall,Texas
ALPHA Report No.G140083A-rev
a
This report serves as an Addendum to ALPHA's Geotechnical Exploration (ALPHA Report No.
G140083 dated April 25,2014) and should not be considered separately 8`om that report,
We understand the Client will construct a temporary fire access road between Phases III and IV
in the Breezy Hill subdivision. We also understand the fire lane will be composed of 8 inches of
compacted crushed concrete base material over a subgrade consisting of inches of recompacted
onsite clay soils. For this analysis, we have assumed the temporary fire lane will be in service
for less than 2 years and will not experience any significant traffic except for emergency fire
tuck and medical vehicle access(typical 75,000 lb vehicles)..
Based on the information discussed above, it is our opinion the temporary fire lane consisting of
8 inches of compacted crushed concrete base material over a 6 inch recompacted clay subgrade
is suitable for support of emergency fire Mick traffic and medical vehicle access for about 3
years. Periodic maintenance, filling of potholes, ruts, erosion, etc., should be anticipated. After
a period of 3 years or at completion of constiuetion activities, the fire lane should be visually re-
evaluated for ruts,erosion and potholes if it will still be in service. Potholes,ruts and insufficient
flexible base thicknesses should be filled with additional imported crushed concrete inaterial
rather than from re-graded adjacent materials,
Prior to placement of the crushed concrete, the existing subgrade soils should be proof-rolled,
scarified and re-compacted per the recommendations in the original report. Crushed concrete
material should meet the requirements of TxDOT Item 247, Grade 1 or 2 and be placed in loose
lifts not exceeding 10 inches and compacted to 98 percent of the maximum dry density as
determined by the Standard proctor (ASTM D 698) at a workable moisture content near
optimum.
x
ALHA Report No. Gl 40083A-rev
All other recommendations in the referenced geotechnical report remain unchanged. We
appreciate the opportunity to be of service. Please contact us with any questions or comments.
Sincerely,
ALPHA TESTING,INC. e—iS of
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t• MARK L McKAY d -`
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Mark L, Mel{:ay t9 v,{•°C>C 5��'��'`e'�� rian o�v
Senior Geotechnical Enginee$t�is/ Bl f President
MLMBAP
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BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
11910 Greenville Ave.,Suite 600 Dallas,Texas 75243 Fax(214)461-8390 Phone(214)361-7900
JOIN W BIRKHOFF,RE,
GARY C.HENDRICKS,RE.
JOE R CARTER,P.F,.
MATT HICKEY,P.E,
ANDREW MATA,JR,P,E
JOSEPH T GRAJEWSKI,111,P E.
DEREK B,CHANEY,P E, October 2O 2015
CRAIG M,KERKHOFF,P E.
Mr.Joseph Johnson,CPM
Director of Public Works
City of Anna
3223 North Powell Parkway
Anna,Texas 75049
Re: Palladium development—Site Access
Dear Mr.Johnson:
As you requested,we have evaluated the site access for the proposed Palladium Development Based on the
information provided to us by the City,the proposed development has requested that the second point of
emergency access be constructed of a material that does not meet City standards,and that this roadway would
be for emergency access only.
All traffic for the proposed development would access the site through the proposed 2-lane concrete roadway.
See enclosed exhibit for emergency access and site access locations.
The capacity for a 2-lane roadway operating at a Level of Service(LOS)C is approximately 9,000 vehicles per
day. With the Palladium development generating an average of 1,260 week day trips,the proposed 2-lane
roadway would have adequate access to support the Palladium development.
Sincerely,
Craig M. i�erkhoff,P.E.
Enclosures
cc: Mr. Philip Sanders
TBPE Firm 526 ACEC Wellness Firm Better Decisions-Better Designs TBPLS Firm 100318-00
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BINDER AGGREGATE
8" FLEX BASE
e<.
SUBGRADE SOIL SHALL BE---_,,
COMPACTED AS PER
GEOTECH REPORT
NOTES:
1. PAVEMENT SECTION IS TO BE USED FOR EMERGENCE ACCESS ONLY.
SECTION HAS NOT BE DESIGNED FOR USE AS A PUBLIC ROADWAY.
2. MATERIAL AND INSTALL SHALL CONFORM TO TXDOT STANDARDS.
Temporary Pavement Section
N.T.S.