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HomeMy WebLinkAboutRes 2018-12-520 Waiver/Suspension of Subdivision RegulationsRESOLUTION NO. 409-1,Q- 5Q0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING A WAIVER/SUSPENSION OF CERTAIN SUBDIVISIONS REGULATIONS UNDER PART III -A, ART. I, SECTION 10 OF THE ANNA CITY CODE OF ORDINANCES WHEREAS, on December 3, 2018, the City of Anna, Texas Planning & Zoning Commission (the "Commission") considered a certain Petition for Waiver/Suspension of Anna Subdivision Regulations Article 3, Section 10.02, Connections for Wastewater, and Article 1, Section 10.02, Waiver/Suspensions — Procedures (the "Petition"), said Petition being attached hereto as Exhibit A, and WHEREAS, the Petition is dated November 29, 2018 and was submitted to the City Manager of the City of Anna, Texas on November 30, 2018 by Lou Gigliotti (the "Petitioner"), an individual; and WHEREAS, the City of Anna City Council approved Resolution No. 2017-10-370 on October 10, 2017, approving a development plat for certain property owned by the Petitioner said property being referenced as the LG Motorsports Park Addition Phase 2 (the "Motorsports Park"); WHEREAS, the Petitioner currently has pending before the City Council of the City of Anna ("City Council") a proposed minor plat (the "Plat") for the subdivision of a certain 5.079 acre tract located within the Motorsports Park into two tracts of 2.637 acres and 2.442 acres, respectively (the "Proposed Lots"); and WHEREAS, the Proposed Lots each have constructed on them a commercial building with wastewater being served by recently constructed onsite aerobic septic systems permitted by Collin County; and WHEREAS, the City of Anna (the "City") operates a wastewater system that does not currently provide wastewater service to the property comprising the Proposed Lots; and WHEREAS, the City has no imminent plans to extend its wastewater system to provide wastewater service to the property comprising the Proposed Lots; and WHEREAS, the Petition seeks a waiver of certain procedural requirements related to the submittal of the Petition and a waiver/suspension of subdivision regulations restricting the use of aerobic septic systems; and WHEREAS, the Petitioner seeks these waivers/suspensions to allow for approval of the Plat in order to allow for conveyance of one or both of the Proposed Lots; WHEREAS, the Commission has recommended that the Petition be approved by the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Recitals Incorporated. The above recitals are incorporated into this resolution for all purposes. Section 2. Findin)Zs. In addition to the findings set forth in the above -referenced recitals, the City Council makes the following findings: CITY OF ANNA, TEXAS RESOLUTION NO. _� 49 PAGE ] a. Granting the waivers/suspensions requested in the Petition under the conditions set forth in Section 3 of this resolution will not result in a detriment 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; b. The conditions upon which the request for a waiver/suspension is based are unique to the property for which the waiver/suspension is sought, and are not applicable generally to other property; c. Because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular undue hardship to the Petitioner would result, as distinguished from a mere inconvenience or increased expense, if the strict letter of these regulations is carried out; d. 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 e. The proposed alternate design will generally achieve the same result or intent as the standards and regulations prescribed in the Anna City Code ("Code"), Part III -A, Art. 3, Section 10.02. Section 3. Approval with Conditions. The City Council hereby approves the waivers/suspensions sought in the Petition to waive the procedural requirements related to the filing of the Petition and to waive/suspend the application of Part III -A, Art. 3, Section 10.02. of the Code as relates to the Proposed Lots to allow for the continued use and operation of the respective onsite septic systems currently serving the Proposed Lots conditioned on the Plat containing the following requirements: a. As to each Proposed Lot, the Proposed Lot must be connected to the City's wastewater system: 1) once the City has extended an operational wastewater line to the Proposed Lot; and A. the septic system serving the proposed lot is not operational and cannot be made operational without expending an amount for repair of the septic system that exceeds 50% of the cost to replace the septic system; or B. the septic system serving the proposed lot at the time that the waiver/suspension was granted is more than 10 years old; and b. The septic system on or serving any Proposed Lot shall be operated in such a manner or under such conditions so as not to create any foul or noxious odor; and c. The septic system on or serving any Proposed Lot shall be duly permitted by an authority with proper jurisdiction and shall be used, operated and inspected in accordance with applicable state and federal law and in accordance with any applicable rules, orders, or regulations promulgated by Collin County, Texas. Section 4. Severance. If any section, article, paragraph, sentence, clause, phrase or word in this resolution or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 this resolution; and the City Council hereby declares it would have passed such remaining portions of the resolution despite such invalidity, which remaining portions shall remain in full force and effect. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS 111h DAY OF DECEMBER 2018. Carrie L. Smith, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO. Q0 PAGE 3 Lou Gigliotti 9077 Lakeridge Dive Princeton, Texas 75407 November 29, 2018 Mayor and Members of the Anna City Council and Planning and Zoning Commission c/o City Manager James J. Proce City of Anna P.O. Box 776 Anna, TX 75409-0776 Re: Petition for Waiver/Suspension of Anna Subdivision Regulations Article 3, Section 10.02, Connections for Wastewater, and Article 1, Section 10.02, Waivers/Suspensions - Procedures Dear Mayor and Members of the Anna City Council and Planning and Zoning Commission, This Petition for Waiver/Suspension of Anna Subdivision Regulations Article 3, Section 10.02, Connections for Wastewater, and Article 1, Section 10.02, Waivers/Suspensions - Procedures (collectively, this "Waiver Request") is submitted by Lou Gigliotti ("Owner"). In connection with the LG Motorsports Park Addition minor plat, Owner seeks approval of the following two subdivision regulation waivers for the reasons stated below: 1. Article 3, Section 10.02, Connections for Wastewater, require all new subdivisions to be served by a wastewater collection and treatment system authorized and permitted by the TCEQ, but limits on-site sewage facilities such as septic or aerobic systems to subdivisions where each lot is five acres or more in area. Article 3, Section 10.02(c) provides authority to the Planning and Zoning Commission and the City Council to grant exceptions to the five acre minimum lot size regulation but only for residential (not commercial) subdivisions. Waiver Justification: This is an existing development. City of Anna Resolution No. 2017-10-370 dated October 10, 2017, approved the LG Motorsports Park Addition Phase 2 development plat. Based on that approval, Owner constructed two commercial buildings. Each building has its own address — 704 and 708 East Houston Street. Each building has its own Collin County approved aerobic septic system and its own water meter. Each building is fully equipped with fire sprinklers, No public infrastructure is needed to serve these buildings and none is proposed. On November 6, 2018, Owner submitted an administratively complete minor plat development application for the purpose of subdividing 5.079 acres into two lots such that each commercial building would be on its own platted lot. The use of the property C4018-- l,q -59-0 1697.010\77333.3 has not changed and no new improvements are being constructed. The minor plat is intended to facilitate the sale of the commercial buildings. The pending minor plat request merely reconfigures lot lines to meet the demands of prospective purchasers. It is physically impossible to provide the wastewater improvements required by Article 3, Section 10.02 because such wastewater improvements would require the construction of miles of off-site improvements across property not owned by Owner. Given the site constraints, it is not feasible to provide a wastewater connection to the City's utilities. As consideration for the grant of this Waiver Request, Owner proposes to add a note to the minor plat stating: When Anna provides wastewater infrastructure to the property line of either platted lot, Owner will connect to Anna's wastewater system. 2. Article 1, Section 10.02, imposes a requirement that a petition for a waiver/suspension shall be submitted "before the Plat is officially filed and submitted for the consideration by the Planning & Zoning Commission." Waiver Justification: Owner requests waiver of this procedural requirement to allow the minor plat and this Waiver Request to be considered together by the Planning and Zoning Commission on December 3, 2018, and by City Council on December 11, 2018. The proposed minor plat allows modifications to the existing lot lines, but does not constitute a new development that would warrant bringing all platted lots up to current codes. To require the entire existing development to comply with all current codes creates a hardship. We hope that you will recommend approval of this Waiver Request and Owner's minor plat after making the following findings: (1) Granting this Waiver Request 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 this Waiver Request will not prevent the orderly Subdivision of other property in the vicinity; (2) The conditions upon which this Waiver Request is based are unique to the property for which the waiver is sought, and are not applicable generally to other property (i.e., there are no other commercial buildings constructed that are similarly situated); (3) Because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular undue hardship to Owner would result, as distinguished from a mere inconvenience or increased expense, if the strict letter of these regulations is carried out (i.e., the lack of proximity to existing City infrastructure and the particular physical surroundings, shape and/or topographical conditions required to extend such infrastructure create an undue hardship to Owner); 1697.010\77338.3 (4) This Waiver Request 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 (5) Allowing the existing buildings to remain on septic until city utilities are at the property line (i,e., an alternate design) will generally achieve the same result or intent as the standards and regulations prescribed by Anna's subdivision regulations. Sincerely, Lo igliotti, Owner and titioner CJOI, 'r- /9 —50q 0 1697.010\77338.3 RESOLUTION NO. a ® 46 00 / CITY OF ANNA, TEXAS PLANNING & ZONING COMMISSION RECOMMENDATION TO THE CITY OF ANNA, TEXAS CITY COUNCIL TO APPROVE A WAIVER/SUSPENSION OF CERTAIN SUBDIVISIONS REGULATIONS UNDER PART III -A, ART. I, SECTION 10 OF THE ANNA CITY CODE OF ORDINANCES WHEREAS, The City of Anna, Texas Planning & Zoning Commission (the "Commission") has received a certain Petition for Waiver/Suspension of Anna Subdivision Regulations Article 3, Section 10.02, Connections for Wastewater, and Article 1, Section 10.02, Waiver/Suspensions — Procedures (the "Petition"), said Petition being attached hereto as Exhibit A; and WHEREAS, the Petition is dated November 29, 2018 and was submitted to the City Manager of the City of Anna, Texas on November 30, 2018 by Lou Gigliotti (the "Petitioner"), an individual; and WHEREAS, the City of Anna City Council approved Resolution No. 2017-10-370 on October 10, 2017, approving a development plat for certain property owned by the Petitioner said property being referenced as the LG Motorsports Park Addition Phase 2 (the "Motorsports Park"); WHEREAS, the Petitioner currently has pending before the Commission a proposed minor plat (the "Plat") for the subdivision of a certain 5.079 acre tract located within the Motorsports Park into two tracts of 2.637 acres and 2.442 acres, respectively (the "Proposed Lots"); and WHEREAS, the Proposed Lots each have constructed on them a commercial building with wastewater being served by recently constructed onsite aerobic septic systems permitted by Collin County; and WHEREAS, the City of Anna (the "City") operates a wastewater system that does not currently provide wastewater service to the property comprising the Proposed Lots; and WHEREAS, the City has no imminent plans to extend its wastewater system to provide wastewater service to the property comprising the Proposed Lots; and WHEREAS, the Petition seeks a waiver of certain procedural requirements related to the submittal of the Petition and a waiver/suspension of subdivision regulations restricting the use of aerobic septic systems; and WHEREAS, the Petitioner seeks these waivers/suspensions to allow for approval of the Plat in order to allow for conveyance of one or both of the Proposed Lots; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA, TEXAS PLANNING & ZONING COMMISSION: Section 1. Recitals Incorporated. The above recitals are incorporated into this resolution for all purposes. Section 2. Findings. In addition to the findings set forth in the above -referenced recitals, the Planning & Zoning Commission makes the following findings: a. Granting the waivers/suspensions requested in the Petition under the conditions set forth in Section 3 of this resolution will not result in a detriment 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; b. The conditions upon which the request for a waiver/suspension is based are unique to the property for which the waiver/suspension is sought, and are not applicable generally to other Property; c. Because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular undue hardship to the Petitioner would result, as distinguished from a mere inconvenience or increased expense, if the strict letter of these regulations is carried out; d. 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 e. The proposed alternate design will generally achieve the same result or intent as the standards' and regulations prescribed in the Anna City Code ("Code"), Pana III -A, Art. 3, Section 10.02. Section 3. Recommendations with Conditions. The Commission hereby recommends that the City Council of the City of Anna, Texas approve the waivers/suspensions sought in the Petition to waive the procedural requirements related to the filing of the Petition and to waive/suspend the application of Part III -A, Art. 3, Section 10.02. of the Code as relates to the Proposed Lots to allow for the continued use and operation of the respective onsite septic systems currently serving the Proposed Lots conditioned on the Plat containing the following requirements: a. As to each Proposed Lot, the Proposed Lot must be connected to the City's wastewater system: 1) once the City has extended an operational wastewater line to the Proposed Lot; and A. the septic system serving the proposed lot is not operational and cannot be made operational without expending an amount for repair of the septic system that exceeds 50% of the cost to replace the septic system; or B. the septic system serving the proposed lot at the time that the waiver/suspension was granted is more than 10 years old; and b. The septic system on or serving any Proposed Lot shall be operated in such a manner or under such conditions so as not to create any foul or noxious odor; and c. The septic system on or serving any Proposed Lot shall be duly permitted by an authority with proper jurisdiction and shall be used, operated and inspected in accordance with applicable state and federal law and in accordance with any applicable rules, orders, or regulations promulgated by Collin County, Texas, Section 4. Severance. If any section, article, paragraph, sentence, clause, phrase or word in this resolution or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution; and the Commission hereby declares it would have passed such remaining portions of the resolution despite such invalidity, which remaining portions shall remain in full force and effect. PASSED AND APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ANNA, TEXAS, THIS 3d DAY OF DECEMBER 2018. ATTEST: Secretary Chairperson C40/ t_ a - 6-26