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Title:
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Consider/Discuss/Act on the Request by Sparr Surveys, on Behalf of Michelle Bowen Barr, for Approval of a Preliminary-Final Plat for Lots 1 and 2, of the Cross Creek Reserve Addition, Being Fewer than 18 Acres, Located on the East Side of County Road 165 (Future Ridge Road) and Approximately 2,000 Feet North of County Road 1461
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Consider/Discuss/Act on the Request by Sparr Surveys, on Behalf of Michelle Bowen Barr, for Approval of a Preliminary-Final Plat for Lots 1 and 2, of the Cross Creek Reserve Addition, Being Fewer than 18 Acres, Located on the East Side of County Road 165 (Future Ridge Road) and Approximately 2,000 Feet North of County Road 1461
Summary
MEETING DATE: September 3, 2013
DEPARTMENT: Planning
CONTACT: Michael Quint, Director of Planning
Brandon Opiela, Planning Manager
Samantha Gleinser, Planner I
RECOMMENDED CITY COUNCIL ACTION:
* Staff recommends denial of the proposed preliminary-final plat (and associated variances) due to a lack of conformance with the Subdivision Ordinance and International Fire Code.
* The following variances have been requested by the applicant:
1. The applicant receive approval of a variance to Section 142-105 (Improvements) of the Subdivision Ordinance waiving the requirement to construct public streets including the associated street lighting and sidewalks adjacent to the property.
2. Approval of a variance to Section 142-105 of the Subdivision Ordinance waiving the requirement to construct sanitary sewer and water lines to the subject property and extend them to the adjacent property upstream.
3. Approval of a variance to Section 142-105 of the Subdivision Ordinance allowing the use of individual septic systems.
4. Approval of a variance to the Storm Water Management Ordinance waiving the requirement to collect drainage in an underground storm water system.
5. Approval of a variance to the 2006 Edition of the International Fire Code, including local amendments, waiving the requirement that fire hydrants and minimum fire flows be provided.
However, if the proposed preliminary-final plat is approved with the variances requested by the applicant, the following conditions of approval should also apply:
1. The applicant satisfy the conditions as shown on the Standard Conditions for Preliminary-Final Plat Approval Checklist, attached.
Prior to filing the plat for record:
2. The applicant revise the plat to remove "Existing 23' Asphalt Paving" and label instead as "Prescriptive Right-Of-Way".
ITEM SUMMARY:
* The applicant is proposing to subdivide approximately 17.90 acres of land, located on the east side of County Road 165 (Future Ridge Road) and approximately 2,000 feet north of County Road 1461 within the City of McKinney's Extraterritorial Jurisdiction (ETJ). Because the subject property in located within McKinney's ETJ, the regulations of the Zoning Ordinance do not apply to the subject property but the regulations of the Subdivision Ordinance do apply.
* Under State Law, before a property can be subdivided in the City of McKinney ETJ, it must be platted and filed for record with the Collin County Clerk, in accordance with the City of McKinney's subdivision regulations. Typically, preliminary-final plats are considered by the Planning and Zoning Commission. This preliminary-final plat has bypassed the Planning and Zoning Commission and is being considered by the City Council instead because the applicant has requested several variances to requirements of the Subdivision Ordinance and International Fire Code. Per the Subdivision Ordinance, only the City Council can grant a variance.
* The subject property currently has a single-family residence on the southwestern portion of the property (Proposed Lot 1). This structure currently utilizes a septic system and substandard water to address utility needs, and storm water drainage and/or detention is not being addressed on the property. The applicant has requested to subdivide the property into two lots (both for single-family residential use), with proposed Lot 1 being approximately 2.84 acres and proposed Lot 2 being approximately 14.96 acres. Each of the proposed lots has access to County Road 165 via frontage or an access and public utility easement. It should be noted that although the applicant has requested the requirements to construct said infrastructure be waived, the applicant has agreed to provide the easements for any utility lines extended in the future. The applicant has also requested variances to waive certain drainage and fire flow requirements as well as a variance to permit a septic system on the lot. Staff is recommending denial of the requested variances due to lack of conformance with the Subdivision Ordinance and International Fire Code.
BACKGROUND INFORMATION:
* Please see attached Staff Report.
FINANCIAL SUMMARY:
* N/A
BOARD OR COMMISSION RECOMMENDATION:
* N/A