Placement: Consent Agenda
Action Requested: Motion / Vote
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Approval of a Waiver for a Preliminary and Final Subdivision Plat for Southern Grove Plat No. 36 2nd Replat (P24-186).
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Submitted By: Francis Forman, Planner III
Strategic Plan Link: The City's Goal of planning for a thriving future.
Executive Summary (General Business): This agenda memo is a request for the City Council to formally approve an exception to the subdivision regulations for Southern Grove Plat No. 36 2nd Replat. Southern Grove Plat No. 36 2nd Replat was a preliminary and final subdivision plat that approved by the City Council on April 28, 2025. The plat has been recorded. The subject property is located at the southeast corner of the intersection of SW Discovery Way and Tom Mackie Boulevard. The replated created three (3) lots from a four acre tract. Two of the lots have frontage on SW Discovery Way (Lots 1 and 2). The access to the third lot, Lot 3, is via a 26 foot wide cross access easement that is depicted on the plat and dedicated to Lot 3 to provide access to Lot 3 over and across Lot 1. Section 156.094 (E) of the Subdivision Code requires all lots to be accessed via a paved public or private street. Under Section 156.023 of the Subdivision Code, the City Council does have the power to grant waivers to the subdivision regulations. When the item went before the City Council at the April 28, 2025 City Council meeting, the staff report and the agenda memo should have identified for the record that staff was recommending approval of the plat under Section 156.023 of the Subdivision Code to grant a waiver to the requirement for all lots to be accessed via a paved public or private street. This was an oversight. The Planning and Zoning Department is requesting the City Council approve the exception for Southern Grove Plat No. 36 2nd Replat so it is identified in the record of the meeting as required by Code. The subdivision plat is attached as Exhibit “A”.
Presentation Information: Staff will be available to answer any questions.
Staff Recommendation: Move that the Council approve an exception to the subdivision regulations for Southern Grove Plat No. 36 2nd Replat to allow access to Lot 3 via an easement and not a paved roadway.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve an exception to the subdivision regulations as noted above.
2. Move that the Council not approve and provide staff with direction.
Background: Southern Grove Plat No. 36 2nd Replat was approved by the City Council on April 28, 2025, and has been recorded.
Issues/Analysis: The granting of the waiver will ensure the plat is consistent with City Code.
Financial Information: N/A
Special Consideration: N/A
Location of Project: The property is generally located on the south side of SW Discovery Way, east of SW Tom Mackie Boulevard.
Business Impact Statement: N/A
Attachments:
1. Exhibit “A” Southern Grove Plat No. 36 2nd Replat
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 24326-09
Legal Sufficiency Review:
Reviewed by Carly Fabien, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.