HomeMy WebLinkAboutRes 2020-01-671 Morales Estates Blk A Lt 1 Development Plat DENIALCITY OF ANNA, TEXAS
RESOLUTION NO. �O�p - p % �• fa�lj
A RESOLUTION OF THE CITY OF ANNA, TEXAS DENYING THE MORALES
ESTATES, BLOCK A, LOT 1, DEVELOPMENT PLAT
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 (the "City
Council") has adopted Article 9.02 of the Anna City Code of Ordinances ("Subdivision
Regulations"); and
WHEREAS, Iris Morales has submitted an application for approval of the Morales
Estates, Block A, Lot 1, development plat (the "Development Plat Application");
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. Denial of Development Plat.
The City Council hereby denies the Morales Estates, Block A, Lot 1, development plat
attached hereto as Exhibit 1 due to the Development Plat not being in compliance with
the following sections of Article 9.02 (Subdivision Regulations) in Chapter 9 (Planning
and Development Regulations) of the Anna City Code of Ordinances:
• Section 9.02.004(a) (Adequate service for areas proposed for development,
generally) -Application missing submission material from each of the
applicable utility service providers verifying their ability to provide an adequate
level of service for the proposed development.
• Section 9.02.041(e) (Submission procedures and city review process for all
types of plats) -Applicant failed to re -submit corrected copies of the plat and
other application materials back to the city in time for adequate review.
• Section 9.02.041(f) (Proof of landownership) -Applicant failed to provide proof
of land ownership.
• Section 9.02.045(h) (Submittal requirements) - A certificate or some other form
of verification from the Collin County Appraisal District showing that all taxes
CITY OF ANNA, TEXAS RESOLUTION NO.�(�p•- CrI -Cry? I PAGE 1
have been paid on the subject property and that no delinquent taxes exist
against the property.
• Section 9.02.041kc) (Submission requirements for all types of plat applications)
Development Plat was missing information contained on the City's
Development Plat checklist.
The Development Plat Application is hereby DENIED by Y Council of the City of
Anna, Texas on this 14th day of January 2020.
ATTEST: ADOPTED: ")
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City Secretary, Carrie L. Land
Mayor, Nate Pike
CITY OF ANNA, TEXAS RESOLUTION NO.,;�D.��-Dl•- lr��f f PAGE 2
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CITY OF ANNA
PLANNING & ZONING COMMISSION
January 6, 2020
Agenda Item No. 4
Applicant: Iris Morales
DESCRIPTION:
Mobile home on one lot on 7.0± acres located on the north side of Grasshopper Lane,
650± feet east of County Road 426. Zoned Extraterritorial Jurisdiction (ETJ).
�=X11-=: •
The applicant has submitted a development plat for a residential property, as seen in
Exhibit A. Staff did not received a corrected plat for review prior to this Planning & Zoning
Commission meeting.
ISSUES:
State Law Requirements
Chapter 212 of the State of Texas Local Government Code outlines the requirements of
cities to process plats within a timely manner. Under this law, staff must bring forward to
the Planning & Zoning Commission any plat that was submitted regardless of
completeness. In accordance with the law, the Planning and Zoning Commission will
make one of the following recommendations to City Council: approval as submitted,
approval with conditions, or denial with explanation directly related to the requirements
under the municipal ordinances.
Section 212.009 (Approval Procedure: Initial Approval) of the Local Government Code
allows an applicant to request a 30 -day extension in writing. Staff did not receive a 30 -
day extension request.
Out of Compliance with the Subdivision Ordinance
The applicant did not provide proof of ownership as required in the Subdivision Ordinance
in Subsection f (Proof of landownership) of Section 9.02.041 (General requirements for
plats) and Subsection h (Submittal requirements) of Section 9.02.045 (Development
)lats).
The applicant has failed to prove access to water and wastewater facilities as is required
in Subsection a (Adequate service for areas proposed for development, generally) of
Section 9.02.004 (Adequate public facilities policy).
The applicant failed to resubmit a corrected copy of the plat in accordance with the
Subdivision Ordinance. Subsection e (Submission procedures and city review process
for all types of plats) of Section 9.02.041 (general requirements for plats), reads as
follows:
(5) Re -submission and scheduling.
(A) Failure to re -submit corrected copies of the plat and other application
materials (including engineering plans, if applicable) back to the city in time
for adequate review prior to the planning and zoning commission [meeting]
shall be cause for the planning department to forward the plat application to
the commission as it was originally submitted rather than the corrected
version of the plat unless the applicant agrees in writing that the date of
filing of the plat application shall be deemed to have occurred not more than
29 days prior to the next regular meeting of the planning and zoning
commission that follows a determination by the planning director that the
application is complete.
(8) If, upon re -submission of the corrected plat to the city, the planning
director determines that the application does not comply with the technical
requirements of the subdivision regulations, the plat application may be
subject to expiration or denial in accordance with these subdivision
regulations.
(C) After the plat has been scheduled on an agenda (or at any time prior),
the applicant may request, in writing, to withdraw official ng of the platin
order to allow the applicant more time to correct deficiencies, address
concerns, or otherwise improve the plat pursuant to these subdivision
regulations. After receipt of the request, the city may delay action on the
final plat until 30 days after the applicant officially re -files the plat.
Collin County Plat Filing Requirements
Additionally, the plat as submitted does not have the required information for filing with
the Collin County Clerk's Office. Their list of requirements is attached in Exhibit B.
SUMMARY:
The applicant failed to resubmit changes to the development plat to be in compliance with
the subdivision regulations nor submit a 30 -day extension request. Staff has reached out
to the applicant several times to fix these issues. Due to state law for reviewing plats, the
AGENDA ITEM NO. 4 (01/06/20)
PAGE 2 OF 3
Planning & Zoning Commission is required
and for the City Council to act on this plat.
RECOMMENDATION:
to make a recommendation to City Council
Recommended for denial due t0 the above references to the Subdivision Ordinance.
AGENDA ITEM N0.4 (01/06/20)
PAGE 3 OF 3
COUNTY
Stacey Kemp
County Clerk
2300 Bloomdale Road
Ste. 2106
McKinney, Texas 75071
972-548-4185
972-547-5731 Fax
www.col lincountytx.gov
Requirements For Filing A Plat In Collin County
SPECIFICATIONS FOR FILING PLATS:
NO FILINGS OF PLATS WILL BE ACCEPTED AFTER 3:30 pm
1. The size of the plat shall be NO LARGER OR SMALLER than 24" x 36"
2. The County Clerk's Office requires one black line copy with all ORIGINAL seals and
signatures; NO EXCEPTIONS.
3. The plat must show the following:
A) Certification and Dedication by owner (addition name in dedication and title block must
be the same).
B) Certification by a Registered Professional Land Surveyor.
C) Certification and approval by the city (if within the city's ETJ).
D) Approval by Commissioners' Court (if needed).
E) Complete Legal Description; a replat must reference the original plat information.
4. Signatures must be original and names must be printed under each signature. If the owner is
a company that company name must be above the signature.
5. Signatures must be acknowledged. Notary's name must be printed under each signature.
Notary's seal must be affixed and legible, and the notary expiration date must be shown.
6. Seals must be affixed by whoever approves the plat, whether it is the city or the county, as
well as the surveyor and notary.
7. Tax Certificates from each taxing entity (signed, and sealed fr
om County Tax Office). School
and City Taxes not collected through the County may not have a seal, but must have original
signatures.
8. All stamps and seals MUST be legible.
EXTRATERRITORIAL JURISDICTION (ETJ)-Area outside a City's limits so designated to fall in
the City's "sphere of influence"
SUBDIVISION WITHIN
EXTRATERRITORIAL JURISDICTION: If the location of the
subdivision is within the extraterritorial jurisdiction of any city or town within Collin County, Texas the
pI at shall be approved by the governing body of that jurisdiction and so indicated on the face of the plat.
Revised 11!26/2012