Consideration of a waiver to the assessment of water and wastewater impact fees as provided for in the Land Development Code, for the connection of the Nissi Building, on Lot 1R, Block 1, Covenant Christian Academy Addition, zoned PUD-C, located at 901 Cheek-Sparger Road

Staff Report & Agenda Item Details

<span style="margin-left:0in;"><strong><em>Reading and Public Hearing</em></strong></span><br><br>Covenant Christian Academy, the applicant, has submitted a request for a waiver of the provisions of Chapter 13 Impact Fees, of the Land Development Code, on Lot 1R, Block 1, Covenant Christian Academy Addition. Specifically, the request is for a waiver of water and wastewater impact fees for an existing connection to the Nissi Building.<br><p style="margin-left:0in;">Section 13-190 of the Land Development Code provides for relief procedures as follows: “<em>B. The Council may grant a variance or waiver from any requirement of this ordinance, upon written request by a developer or owner of property subject to the ordinance, following a public hearing, upon finding that a strict application of such requirement would, when regarded as a whole, result in confiscation of the property.”</em></p><p style="margin-left:0in;"><strong>Existing Conditions/Background: </strong>The subject property, 901 Cheek-Sparger Road, has had an existing unmetered, undocumented, water service connection to the Nissi Building which has existed since construction and occupancy, which occurred in 2009. This connection appears to serve the student restroom facilities of the Nissi Building. Other areas of this building are served by a metered connection. This undocumented connection was recently discovered due to Public Works Operations assisting Covenant Christian Academy to locate an onsite leak.</p><p style="margin-left:0in;">In a 2009 staff briefing, it was noted “Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the school and the applicant is requesting waivers to impact fees and any tree mitigation requirements. Staff recommends that any requests for relief from these fees be addressed separately from this PUDC request and follow the variance procedures prescribed in the Land Development Code and therefore are not included in the draft ordinance.” City staff has not located any waiver requests or City-Developer agreements for such waivers.</p><p style="margin-left:0in;"><strong>History:</strong> In August 2009, Colleyville Covenant Christian Academy requested to change the zoning from the R40-Single Family Residential zoning district and the PUDC-Planned Unit Development Commercial on 17.7 acres, located at 715, 901 and 909 Cheek-Sparger Road and 3815, 3809, 3805 Wayne Drive, in order to expand the existing private school at 715 and 901 Cheek-Sparger Road. </p><p style="margin-left:0in;">Prior to the 2009 request, approved Ordinance O-99-1139 permitted the use of a church and private elementary and secondary school on the property as well as incidental athletic and recreational uses and any uses accessory to the school and church uses. Ordinance O-06-1602 amended the site plan approved under O-99-1139 by allowing a two-story, 33,899 square foot school building con

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 7.2/10). Under the Bastiat Liberty Watchdog Index, voting YES on measures that cap or reduce ad valorem tax burdens, expand taxpayer exemptions, retire debt early, enforce competitive bidding caps, or remove regulatory/zoning barriers to private property rights earns a positive Pro-Liberty score.