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Agenda Packet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rophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2015-0648-T Version:1 Name: Type:Resolution Status:Draft File created:9/24/2015 In control:Planning & Zoning Commission On agenda:9/28/2015 Final action: Title:Consider and take appropriate action regarding a Final Plat of Trophy Club Municipal Utility District Wastewater Treatment Facility, Trophy Club, Texas, including consideration and action on related waivers to the TownÓs Subdivision Regulations as requested by the applicant. Attachments:Exhibit “A” – Final Plat Exhibit Exhibit “B” – 9/4/2015 Letter from MUD Exhibit “C” – Roadway Curvature/As-Built Exhibit Exhibit “D” – Location Map Staff Report DateVer.Action ByActionResult Consider and take appropriate action regarding a Final Plat of Trophy Club Municipal Utility District Wastewater Treatment Facility, Trophy Club, Texas, including consideration and action on related waivers to the TownÓs Subdivision Regulations as requested by the applicant. To: Mayor and Town Council, Planning and Zoning Commission From: Ron Ruthven, Town Planner CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Case #FP-15-063 Planning and Zoning Commission Meeting and Special Town Council Meeting Monday, September 28, 2015 Agenda Item: Consider and take appropriate action regarding a Final Plat of Trophy Club Municipal Utility District Wastewater Treatment Facility, Trophy Club, Texas, including consideration and action on related waivers to the Town’s Subdivision Regulations as requested by the applicant. REQUEST: The Trophy Club Municipal Utility District (MUD) is requesting a final plat of 10.58 acres owned by the MUD in order to expand the existing wastewater treatment plant located off of Junction Way west of Indian Creek Drive. The plant was constructed approximately 40 years ago and was expanded ten years later, all of which was completed prior to the incorporation of the Town in 1985. CURRENT CONDITIONS AND ZONING: The subject property contains 10.58 acres and is not platted. In terms of zoning, the southern 6.589 acres is zoned GU-Government Use district and the northern 3.991 acres is zoned CR- Commercial Recreation district. Utility facilities, such as a wastewater treatment plant, are only permitted within the GU district with the approval of a CUP, which was approved by the Town Council on August 11, 2015. The final plat includes all property (10.58 acres) owned by the MUD PRELIMINARY PLAT Approval of a preliminary and final plat is required for the subject property given that it is not platted. According to Chapter 12-Subdivision Rules and Regulations in the Code of Ordinances, preliminary plats and final plats must be considered separately. The preliminary plat was approved by the Town Council on August 11, 2015 subject to the following conditions: Page 1 of 3 1.The MUD shall dedicate the ROW as required by the subdivision regulations; 2.Any existing and future buildings, fences and concrete flatwork are allowed to encroach in said ROW; 3.Public roadway construction within said ROW shall be deferred to a future date to be determined by the Town Council. When said roadway is built, existing ROW encroachments must be removed and/or relocated; 4.Payment of a perimeter street fee is deferred to a future date to be determined by the Town Council. A revised preliminary plat reflecting the Council’s conditions above was never submitted after the preliminary plat was approved as the MUD requested a waiver to the Council’s decision on the preliminary plat per the attached letter. Section 3.05(A) of the subdivision regulations states: “AThe Town shall approve a plat if it conforms to: . 1. The general plan, rules and Codes of the Town and its current and future streets, alleys, parks, playgrounds, and public utility facilities; 2. The general plan, rules and Codes for the extension of the Town and its roads, streets, and public highways within the Town and in its extraterritorial jurisdiction, taking into account access to the extension of sewer and water mains and the instrumentalities of public utilities; 3. All requirements of the Town's Subdivision Regulations and all rules adopted pursuant to those Regulations or the Town's Zoning Ordinance. 4. An approved preliminary plat. “ The final plat differs from the approved preliminary plat in that it shows the proposed road ROW curving to the south so as to avoid a building ROW encroachment by the existing westernmost building on the property. Although not completely consistent with the approved preliminary plat, the final plat nonetheless reflects the direction of the Council at the September 22, 2015 meeting for the final plat to reflect the ROW deviation to the south. The 350 foot radius shown for the road curvature meets the requirements of, and has been approved by, the Town Engineer. Additionally, the front setback has been removed from the final plat to reflect the variance request before the Zoning Board of Adjustment on September 28, 2015. Page 2 of 3 STAFF REVIEW AND RECOMMENDATION: The final plat is not completely consistent with the approved preliminary plat. However, given Council’s direction at the September 22, 2015 meeting for the final plat, the potential action of the Zoning Board of Adjustment given the front setback variance, and the significance to the health, safety and welfare of the community insofar as the expansion of the plant will allow additional needed capacity, staff agrees that approval of the final plat is consistent with Section 1.03 of the subdivision regulations, which states: “A. In order to achieve orderly, efficient and environmentally sound subdivision of land, the Town of Trophy Club must be provided with appropriate guidelines and development management mechanisms. These Subdivision Regulations, in conjunction with any other land use control tool as now or hereafter may be adopted by the Town, provide those guidelines and mechanisms. With this in mind, it is the nature, intent, and stated purpose of these Subdivision Regulations to: 1. Protect and provide for the public health, safety, and general welfare of the Community and the safe, orderly and healthful development of the municipality. 2. Guide the future growth and development of the community, in accordance with the Comprehensive Land Use Plan and adopted development policies. 3. Guide public and private development in order to ensure orderly layout and use of land, and to ensure adequate transportation, utilities, parks and other public requirements and facilities. 4. Provide for open spaces, and prevent overcrowding of land, undue congestion of populations and congestions of streets. 5. Establish reasonable standards of design and procedures for the subdivision of land in order to further the orderly layout and use of land. 6. Ensure that public improvements are available and have sufficient capacity to serve the proposed subdivision. 7. Preserve the natural beauty and topography of the Town and to ensure appropriate development with regard to trees and other natural features. 8. Provide for open spaces through the most efficient design and layout of land. 9. Protect and preserve the character and value of land throughout the Town and the value of buildings and improvements upon the land.” The plat meets all other requirements of the Code of Ordinances. Therefore staff recommends approval of the final plat. Attachments: Exhibit “A” – Final Plat Exhibit Exhibit “B” – 9/4/2015 Letter from MUD Exhibit “C” – Roadway Curvature/As-Built Exhibit Exhibit “D” – Location Map Page 3 of 3 Exhibit B Exhibit B shown on Final Modified ROW 350’ Radius Plat Roadway Curvature/As-Built Exhibit C Exhibit Building to Existing Remain 25’ Front Building Line Removed from Final variance request Plat given ZBA Subject Property Location Map D Exhibit