RESO 2002-37 - P&Z Variance ProcedureRESOLUTION NO. 2002-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, REQUESTING THAT THE PLANNING AND ZONING COMMISSION
REVIEW THE VARIANCE PROCEDURE FOR GRANTING VARIANCES FOR
WATER AND SEWER SERVICE WITH REGARD TO SUBDIVISIONS AND
FORWARD RECOMMENDATIONS FOR AMENDING THE DEVELOPMENT
CODE WITH REGARD TO THE SAME TO THE CITY COUNCIL; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City has extended its subdivision regulations to the subdivision
of land that occurs within the extraterritorial jurisdiction ("ETJ") of the City; and
WHEREAS, one of the purposes for extending subdivision regulations to the ETJ
is t o r equire land o wners and d evelopers t o d evelop p roperty i n a ccordance w ith C ity
codes so that the infrastructure improvements in such subdivisions are the same as those
within the City; and
WHEREAS, subdivisions within the ETJ of the City are likely to be annexed into
the City at some time in the future and the City desires to avoid upgrading and
reconstructing the infrastructure improvements in such subdivisions, particularly water
and wastewater improvements, when they are annexed into the City; and
WHEREAS, the current Development Code allows the Planning and Zoning
Commission to consider variances for water service and wastewater service within
subdivisions at the time that it considers the subdivision plat; and
WHEREAS, the City Council is of the opinion that all developers and land
owners, whether their property is within the City or within the City's ETJ, should be
required to construct water improvements and wastewater improvements in accordance
with the City's code regulations and that variances should not be granted for such
improvements; and
WHEREAS, the City Council also recognizes that there may be certain situations
where variances may be appropriate; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, that:
SECTION 1: The Planning and Zoning Commission is hereby directed to review
the Development Code and specifically the subject of granting variances for constructing
and providing water and wastewater service to a subdivision at time of platting and
forward its recommendations for amending said variance provisions to the City Council
no later than March 1, 2003. City staff is also directed to provide Planning and Zoning
with such support as required in order for the Planning and Zoning Commission to meet
this directive.
SECTION 2: This Resolution shall become effective from and after its date of
passage and the City Secretary is hereby instructed to send a copy of same to the
members of the Planning and Zoning Commission.
PASSED AND APPROVED THIS 17TH DAY OF DECEMBER 2002.
CITY OF USVILLE, TEXAS
William B. reen, Mayor
ATT ST:
Danna Welter, City Secretary
RRQ3LED AS TO FORM:
Paul C. Isham, City Attorney