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HomeMy WebLinkAboutRes 2025-06-1789 Denying a Development Plat for Surdukan City Blk A, Lot 1CITY OF ANNA, TEXAS RESOLUTION NO. � 0 �2 5 - 06 - 17 S q A RESOLUTION OF THE CITY OF ANNA, TEXAS DENYING SURDUKAN CITY, BLOCK A, LOT 1, DEVELOPMENT PLAT (DP 25-0002) WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas has adopted Article 9.02 ("Subdivision Regulations of the Anna City Code of Ordinances; and WHEREAS, David and Karen Surdukan have submitted an application for the approval of Surdukan City, Block A, Lot 1, Development Plat; and WHEREAS, the applicant requests a waiver from Article 9.02 (Subdivision Regulations) regarding the Adequacy of Streets and Thoroughfares, Street Dedications, and Maximum and Minimum Length of Block or Street Segments; and WHEREAS, at their May 5, 2025 meeting, the Planning & Zoning Commission provided City Council a recommendation for denial based on violations of § 9.02.081 & § 9.02.087 of the Subdivision Regulations; and 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. Basis for Denial The application is denied based on the conclusion that the Applicant is not dedicating right-of- way, is not improving the existing access easement to city standards, the Property is on a street that exceeds the maximum block length, does not have frontage along a public street, and the Applicant has not provided proof of adequate wastewater service, this application does not comply with § 9.02.081 & § 9.02.087 of the Subdivision Regulations, specifically the following subsections: § 9.02.081 Streets (c) Adequacy of streets and thoroughfares (1) Responsibility for adequacy of streets and thoroughfares. The property owner shall ensure that the subdivision is served by adequate streets and thoroughfares, and shall be responsible for the costs of rights -of -way and street improvements, in accordance with the following policies and standards, and subject to the city's cost participation policies on oversized facilities. (6) Street dedications. (A) Dedication of right-of-way. The developer shall dedicate all rights -of -way required for existing or future streets, and for all required street improvements, including perimeter streets and approach streets, as shown in the comprehensive plan and as required by the design standards or by other valid development plans approved by city council. (o) Maximum and minimum length of block or street segments. The maximum length of any block or street segment, including a looped street, shall be 1,200 feet and the minimum length of any block or street segment shall be 400 feet, as measured along the street centerline and between the point(s) of intersection with other through streets. A cul-de-sac or dead-end street shall not be considered a through street. The block length is not measured along the side of a block that does not include the front of any lot. § 9.02.087 Lots (b) Minimum frontage on a public street. Each lot on a subdivision plat shall front onto a dedicated, improved public street, unless platted as an approved private street subdivision in accordance with these subdivision regulations. All lots shall have a minimum of 40 feet of frontage along the property line of a dedicated, improved street unless other provisions have been authorized under article 9.04 or an approved planned development district. Section 4. Denial of Final Plat. The City Council hereby denies the application for Surdukan City, Block A, Lot 1, Development Plat. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 24th day of June, 2025. ATTEST: City Secretary, Carrie Land *� PPR0VED: r THE CITY OF TEXAS yor, Pete Cain 4l +w Surdukan City, Block A, Lot 1'�``�' rat Development Plat (DP 25-0002)e!;'y-=' T• ; • A 11 + sr*, ` � ► � s � • . Ems• : �I.r f . • - . Yl.. • y,. .� .,,� .•• K - UM 2 46 . *4 w 4 - •` .: ♦eeeeeeeeeeeee♦ ♦eeeeeeeeeeeee♦ ♦eeeeeeeeeeee♦ t �a _. _ •�. ,,� ♦eeeeeeeeeeee♦ ' " ♦eeeeeeeeeeee♦ - '• 'L .•" �► ♦eeeeeeeeeee♦ -- - , • -,{ r %�.s ♦eeeeeeeeeeeee♦ �' -�.�:.`�'.�"" �f�►t•�►,� •� • eeeeeeeeeeeeee♦ ��.: -C :�:�:.• ''y � .� eeieoeieoeieieieieieieieieiei ` k - s �', "M . ♦Oeeeeeeeeeee♦-��•'�'• • r40 eeeeeeeeeeeee♦ •:P - ♦eeeeeeeeeeeee♦ `�` _ • ,- + eeeeeeeeeeeeee •• . �,r •.` �. iRLy#* eeeeeeeeeeeee .:. •may: „w � eeeeeeeeeeeeeeeeeeeeeeee .r r "a' • �• a s '•. 'f* ♦eeeeeeeeeee♦ *! ••s. ,,♦eeeeeeeeeee♦ ,,; : ,� �►' ••;�..^i% NOS _• n _ ,^ "'u pia �� '� Ar VA WN '�.. inset ►v�ap - " THE CITY OF N ' Subject ? City Limits 16, I, �•�a'� : Ja Property o \� `��: a� r +� : •'' _ 0 200 400 800 • ;,•A x ' Feet "- w!'l:"•�. '� April2025 � s ...• ,moo,'.. Planning & Zoning Commission and City Council City of Anna 120 W 7th Street Anna, Texas 75409 Re: Waiver Request — Surdukan City Development Plat Date: April 21, 2025 Commission and Council Members: As an applicant, I have submitted a Development Plat for consideration I Zoning Commission and City Council at upcoming hearings. I respectfull Development Plat be approved with a waiver to the following requiremer r the City Planning & request that this ;s): § 9.02,087 (b) Minimum frontage on a public street. Each lot on a subdivision plat shall front onto a dedicated, improved public street, unless platted as an approved private street subdivision in accordance with these subdivision regulations. All lots shall have a minimum of 40 feet of frontage along the property line of a dedicated, improved street unless other provisions have been authorized under article 9.04 or an approved plannrd development district. § 9.02.081 (c) Adequacy of streets and thoroughfares. (1) Responsibility for adequacy of streets and thoroughfares. The property owner shall ensure that the subdivision is served by adequate streets and thoroughfares, and shall be responsible for the costs of rights -of -way and street improvements, in accordance with the following policies and standards, and subject to the city's cost participation policies on oversized facilities. (6) Street dedications. (A) Dedication of right-of-way. The developer shall dedicate all rights-of-w ay required for existing or future streets, and for all required street improvements, including perimeter streets and approach streets, as shown in the comprehensive plan and as required by the design standards or by other valid development plans approved by city council. (o) Maximum and minimum length of block or street segments. The maximum length of any block or street segment, including a looped street, shall be 1,200 feet and the minimum length of any block or street segment shall be 400 feet, as measured along the sItreet centerline and between the point(s) of intersection with other through streets. A cul-de-sac or dead-end street shall not be considered a through street. The block length is not measured along the side of a block that does not include the front of any lot. This waiver is requested based on the following: When we purchased our original property (Outlined in blue) our access was a 60' Access and Utility Easement (Outlined in green) that connected our 20 acre parcel to County Road 480. We purchase a 30' strip on the north side of Ms. Davis tract making all of our property having direct access to CR 480. When Collin County purchased the property north, east and south of our property and they came to us for our property we worked out a deal to trade property we owned east of Willow Lake for the Surdukan City Parcel (Outlined in yellow). The Surdukan City Parcel joins and is contiguous with the remaining parcels which has frontage on County Road 480. I've included a map of the parcels owned by David and Karen Surdukan (Outlined in red). We appreciate your consideration of this waiver request and approval of theDevelopment Plat. Sincerely,, David Sufclukan Applicant and Owner APO rl --k 19 to- jg4V Piro -few, 'Y' 4;. ?top f 'n c N or A I CITY OF ANNA PLANNING & ZONING COMMISSION ACTION ON PLAT APPLICATION Date: June 19, 2025 Subject Property: "Surdukan City" DP 25-0002 Application Completeness Date: April 22, 2025 Date Presented to P&Z: May 5, 2025 Action taken by P&Z: DISAPPROVED Date of Appeal to City Council: May 27, 2025 (continued to June 24, 2025) Action taken by City Council: TBD The above -referenced application for approval of a Development Plat for land within the ETJ of the City of Anna, Texas ("application") was DISAPPROVED by majority vote of the City of Anna Planning & Zoning Commission ("P&Z"), due to the following defects: 1) The Anna City Code of Ordinances, Chapter 9, Article 9.02, Division 2, Sec. 9.02.047(e): The development plat application does not satisfy all the standards detailed therein. While the applicant has requested waivers from various requirements imposed by the Anna Code under § 9.02.010, the City Council had not approved any such waivers on or before the date of the P&Z's decision reflected herein.' 2) Anna Code, Chapter 9, Article 9.02, Division 3, Sec. 9.02.081(c)(1): The streets and thoroughfares provided in the application are not adequate. This implicates public safety concerns as the application fails to demonstrate that sufficient fire apparatus access roads would be provided and maintained in the development, or that more than one ingress/egress way would be provided for the area. 3) Anna Code, Chapter 9, Article 9.02, Division 3, Sec. 9.02.081(c)(6): The application does not dedicate required rights -of -way for existing or future streets, street improvements, perimeter streets, and approach streets as shown in the City's comprehensive plan and as required by the City's design standards. This implicates public safety concerns as the application fails to demonstrate that sufficient fire apparatus access roads would be provided and maintained in the development, or that more than one ingress/egress way would be provided for the area. The P&Z also recommended denial of the waivers sought by the applicant at its meeting on May 5, 2025, but could not presume that any would be granted by City Council when evaluating the application presented. P&Z would potentially reconsider its reasons for denial of the application stated herein should City Council take subsequent action to grant one or more waivers, and the item returns to that body for further consideration. CITY OF ANNA — P&Z ACTION ON PLAT APPLICATION - Page 1 of 2 4) Anna Code, Chaptei 9, Article 9.02, Division 3, Sec. 9.02.081(o). Lengths of blocks and/or street segments in the application do not meet the maximum and minimum length requirements 5) Anna Code, Chapter 9, Article 9.02, Division 3, Sec. 9.02.087(b): All lots within the application do not meet the minimum public street frontage requirements established by this section, and no exception is applicable. Under the Anna Code, each of the numbered items above constitutes an independently sufficient reason for denial of the application. If applicant cannot demonstrate that all of the issues described above are satisfied by the current filed application (without consideration of any potential waivers), it is recommended that the City Council deny any appeal of P&Z's disapproval of application. Should City Council determine that a waiver, suspension, or amendment of the subdivision regulations should be granted, and makes all findings required by Anna Code 9.02.010, it would be appropriate for City Council to either (a) deny the appeal of the P&Z's denial of the application, in its entirety, but without prejudice as to submission of a new application which conforms to the granted waiver(s)-, or (b) grant the appeal from P&Z denial "with conditions", such that the application would be later approved by P&Z following a determination that all aspects of the application conform to or have been revised to conform to, the City's subdivisions regulations after consideration of any approved waivers, suspensions, or amendments. If no response to City Council's conditional grant of the appeal is received prior to the deemed expiration of the underlying application, the item shall be deemed disapproved and resubmission would be necessary. Signed this the day of - -`-----------_ 2025. Stephanie Scott -Sims Director of Development Services P&Z Liaison APPROVED FOR LEGAL FORM. David Overcash, Assistant City Attorney CITY OF ANNA — P&Z ACTION ON PLAT APPLICATION - Page 2 of 2