Department of Development Agenda Items Ellis County Commissioners Court Tuesday, January 2, :00AM

Similar documents
Department of Development Agenda Items Ellis County Commissioners Court - Tuesday, March 26, 2:00 PM

DEPARTMENT OF DEVELOPMENT : Ellis County : : co.ellis.tx.us/dod SHORT TITLE: Simplified Plat Brooks Addition, Lot 1. P

TOWN OF JACKSON TOWN COUNCIL AGENDA DOCUMENTATION

Article 1. GENERAL PROVISIONS

TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO P&Z

1.3 Invocation and Pledge of Allegiance Commissioner Heath Sims, Pct. 3

CITY OF SOUTHLAKE, TEXAS ORDINANCE NO

AN ORDINANCE OF THE CITY OF PUYALLUP, WASHINGTON,

ORDINANCE NO. O

CHAPTER 1 ADMINISTRATION AND ENFORCEMENT

ORDINANCE NO NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT; SECTION 1.

ORDINANCE NO The City Council of the City of Moreno Valley does hereby ordain as follows:

ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF McKINNEY,

ARTICLE 9. DEVELOPMENT REVIEW

ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AMENDING CHAPTER 18

WHEREAS, Part 10, Chapter 2, Section requires that a Special Use Permit be obtained to operate a school, private or special; and

The Planning and Zoning Commission met in a regular meeting with the following members present:

ORDINANCE NO

TOWN OF JACKSON TOWN COUNCIL AGENDA DOCUMENTATION

ORDINANCE NO IT IS HEREBY ORDAINED BY THE CITY OF DEBARY AS FOLLOWS:

ORDINANCE NO. 735 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEDWIG

JAN O S lolfhis ~f~ent PREPARED BY

PLANNING AND ZONING COMMISSION NOTICE OF MEETING

TOWN OF SEWALL S POINT

limits by Ordinance No on October 7, 1997, and as amended by Ordinance No , Ordinance No , Ordinance No.

BOUNDARY AGREEMENT VILLAGE OF WINDSOR TOWN OF VIENNA RECITALS

CC/Cash/Check No.: Amount Recd. $ Receipt No.: Case No.: Submittal date office use only

RESOLUTION NO /0001/62863v1

ORDINANCE NO. WHEREAS

BOROUGH OF FLORHAM PARK ORDINANCE # 15-21

INTERLOCAL BOUNDARY AND ETJ AGREEMENT

acknowledged by each person or entity having an interest in the territory proposed for

Master sign plan/o#- belterra commercial

Ordinance No. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS:

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COMMERCE, TEXAS:

Staff Report to the North Ogden City Planning Commission

CITY OF DEERFIELD BEACH Request for City Commission Agenda

AN ORDINANCE CREATING A MUNICIPAL SERVICE r" TAXING UNIT TO BE KNOWN AS THE "HILL 'N DALE g'::~

Public Hearing Published 11/16/2017 First Reading 12/07/2017 Public Hearing 12/07/2017 Adopted 12/21/2017 ORDINANCE NO.

Right-of-Way Vacation Policy and Procedures Prepared by Kevin Cowper, Assistant City Manager May 13, 2008 Updated May 21, 2014

CITY OF BASTROP, TX EMERGENCY ORDINANCE NO

Vacation of a Subdivision Plat September 2, 2014

AGENDA MEMORANDUM. Executive Summary

ORDINANCE F. WHEREAS, the petition bears the signature of all applicable parties; and

ORDINANCE NO. C-14-38

CITY OF TYLER CITY COUNCIL COMMUNICATION

TOWN OF NAPLES NAPLES MINIMUM LOT SIZE ORDINANCE. Naples Lot Size Ordinance for the Town of Naples, Maine Attested by Town Clerk

Chapter 1 General Provisions

CITY OF OCEAN SHORES ORDINANCE NO. 972

SPECIAL BILLBOARD PERMITS (Sec. 1268)

Henderson County, Texas

Variance Application Village of Channahon Development Department

Chapter 1 GENERAL PROVISIONS

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS:

RESOLUTION NO. WHEREAS, both cities have an ETJ which extends three and one-half (3-1/2) miles beyond the corporate limits; and

ORDINANCE NO BE IT ORDAINED by the Board of County Commissioners of. known as the Alcoholic Beverages Ordinance is to regulate the

CITY OF WARRENVILLE DU PAGE COUNTY, ILLINOIS ORDINANCE NO ORDINANCE APPROVING PRE-ANNEXATION AGREEMENT (JUSTIN MASON 29W602 BUTTERFIELD ROAD)

LAKE COUNTY PLANNING AND ZONING DIVISION REZONING STAFF REPORT

The above recitals are all true and correct.

ORDINANCE NUMBER 1312

Council Agenda Report

CITY OF ROCKWALL ORDINANCE NO SPECIFIC USE PERMIT NO. S -138 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ORDINANCE NO

Ordinance No. 544 Public Hearing to Renew the Moratorium on Single Family Residential Subdivisions That Do Not Meet Minimum Lot Sizes

DOUGLAS COUNTY SUBDIVISION RESOLUTION Article 7C Subdivision Plat Vacation 8/25/99

ORDINANCE NO SECTION 2. IMPLEMENTING ACTIONS.

MINOR SUBDIVISION DEVELOPMENT IN JOHNSON COUNTY:

Application For Rezoning

ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROANOKE,

SPECIAL CITY COUNCIL MEETING SEPTEMBER 6, 2018

ORDINANCE NO

Ordinance No. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS:

ORDINANCE NO. 553 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF

TOWN OF DORCHESTER. A. The entire Town of Dorchester is determined to be a Rural District.

FIRST AMENDMENT TO CITY PLACE DEVELOPMENT AGREEMENT

CITY OF GILLETTE PLANNING COMMISSION Tuesday, January 23, :00 PM Council Chambers 201 E. 5th Street, Gillette, Wyoming (307)

CITY OF FREEPORT STEPHENSON COUNTY, ILLINOIS ORDINANCE NO

ORDINANCE. D. The Planning Commission shall be vested with the authority to approve or disapprove Lot Add-on plans.

RESOLUTION NO SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFETIVE DATE. Referendum ( the " Petition") labeled Exhibit. on August 24, 2017 ; and

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF TILLAMOOK COUNTY, OREGON ) ) ) ) )

PURPOSE & APPLICABILITY

City of Denton Special Election PROPOSITION REGARDING THE PROHIBITION OF HYDRAULIC FRACTURING

AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS

CITY OF DELAND FLORIDA REQUEST FOR COMMISSION ACTION MAY Attachments for Acres X Ordinance. Approved by.

PETITION FOR VOLUNTARY ANNEXATION NON-CONTIGUOUS LAND

City of. Lake Lillian

~EV~~RLY AGENDA REPORT. Jonathan Lait, AICP, Assistant Director of Community Development

ORDINANCE NO

SUB-ANALYSIS. Title CONSTRUCTION LICENSING, PERMITS AND REGULATION

CITY OF SANIBEL ORDINANCE

ORDINANCE NO. WHEREAS, such modification is in the interest of public safety;

Oregon Theodore R, Kulongoski, Governor

Upon motion by, seconded by, the following. Ordinance was duly enacted, voting in favor of enactment, voting against enactment.

MARANA PLANNING COMMISSION

ARTICLE 2. ADMINISTRATION CHAPTER 20 AUTHORITY OF REVIEWING/DECISION MAKING BODIES AND OFFICIALS Sections: 20.1 Board of County Commissioners.

ARTICLE 1 BASIC PROVISIONS SECTION BASIC PROVISIONS REGULATIONS

CITY OF SNOHOMISH Snohomish, Washington ORDINANCE 2325

ORDINANCE NO R

ORDINANCE NO WHEREAS, the Village of Pinecrest (the Village ) has adopted certain tree cutting

VARIANCE APPLICATION FROM THE UNIFIED DEVELOPMENT ORDINANCE

Transcription:

CONSENT AGENDA Department of Development Agenda Items Ellis County Commissioners Court Tuesday, January 2, 2018 10:00AM REGULAR AGENDA Agenda Item No. 1.1 Consider & act upon a request to grant a one-time variance from Section VIII (A) (Residential Lots) of the County of Ellis Rules, Regulations and Specifications for Subdivisions and Manufactured Homes to allow one (1) of two (2) lots do not meet the minimum road frontage requirement. The property contains ± 3.130 acres of land, commonly known as 2231 Patrick Road and located on the west side of Patrick Road ± 1,020 feet south of Mulkey Road, in the extraterritorial jurisdiction (ETJ) of the City of Waxahachie, Road & Bridge Precinct No. 4. Agenda Item No. 1.2 Consider & act upon a replat of Tract 5, Allen Family Estates, into Tract 5A and Tract 5B. The property contains ± 3.130 acres of land and located on the west side of Patrick Road ± 1,020 feet south of Mulkey Road, in the extraterritorial jurisdiction (ETJ) of the City of Waxahachie, Road & Bridge Precinct No. 4. Agenda Item No. 1.3 Consider & act upon a request to grant a one-time variance from Section VIII (A) (Residential Lots) of the County of Ellis Rules, Regulations and Specifications for Subdivisions and Manufactured Homes to allow one (1) singlefamily residence without meeting the minimum road frontage requirement. The property contains ± 2.00 acres of land in the T.J. Chambers Survey, Abstract No. 30, commonly known as 146 Hoot Lane, Ennis, Road & Bridge Precinct No. 2. 109 South Jackson Street @EllisCountyDOD Waxahachie, TX 75165 co.ellis.tx.us 972-825-5200

AGENDA ITEM 1.1 Ellis County Commissioners Court January 2, 2018 SHORT TITLE: Road frontage variance for Allen Family Estates, Tract 5. LEGAL CAPTION: Consider & act upon a request to grant a one-time variance from Section VIII (A) (Residential Lots) of the County of Ellis Rules, Regulations and Specifications for Subdivisions and Manufactured Homes to allow one (1) of two (2) lots do not meet the minimum road frontage requirement. The property contains ± 3.130 acres of land, commonly known as 2231 Patrick Road and located on the west side of Patrick Road ± 1,020 feet south of Mulkey Road, in the extraterritorial jurisdiction (ETJ) of the City of Waxahachie, Road & Bridge Precinct No. 4. APPLICANT(S): John & Trisha Douglas PURPOSE: The applicant wishes to subdivide this property into two (2) lots. The proposed width of one (1) lot is ± 149.44 feet, just failing to meet the required minimum of 150 feet by 6.75 inches, thus necessitating the need for the variance request. HISTORY: The plat for Allen Family Estates was approved by the County Commissioners Court on September 30, 1981. Although no previous history is associated with this property, a replat is also scheduled for action at this meeting. If this variance request is not approved, the replat will not be heard. OTHER RELEVANT INFORMATION: Section VIII (A) requires a minimum of one hundred fifty (150) feet of County of State road frontage Section XI (B) outlines the criteria below for granting relief from the rules and regulations. 1. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Order would deprive the applicant of the reasonable use of his land; and, Page 1 of 7

2. That the relief is necessary for the preservation and enjoyment of a substantial property right of the applicant; and, 3. That the granting of the relief will not be detrimental to the public finances, health, safety or welfare, or injurious to other property in the area; and, 4. That the granting of the relief will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of the Order. ANALYSIS: The original plat met with the regulations in place when it was adopted in 1981, and the property owner cannot acquire additional property to make up the minimal difference. RECOMMENDATION: Staff recommends approval of this variance to Section VIII (A) to grant a variance, as presented in the Draft Order (Attachment No. 2) ATTACHMENTS: 1. Applicant s Request 2. Draft Order PREPARED AND SUBMITTED BY: Lisa Yates Subdivision Coordinator APPROVED AND PRESENTED BY: Alberto Mares, AICP, DR Director of Planning & Development Ellis County Page 2 of 7

ATTACHMENT NO. 1 Page 3 of 7

COMMISSIONERS COURT OF ELLIS COUNTY ORDER NO. On this the 2 nd day of January 2018, the Commissioners Court of Ellis County, Texas, convened in a regular session of said court on the 2nd Floor of the Ellis County Historic Courthouse located at 101 West Main Street, Waxahachie, Texas, with the following members present, to wit: COUNTY JUDGE: Judge Carol Bush ATTACHMENT NO. 2 COMMISSIONERS: Randy Stinson, Commissioner, Pct. 1 Paul Perry, Commissioner, Pct. 3 Lane Grayson, Commissioner, Pct. 2 Kyle Butler, Commissioner, Pct. 4 AND AMONG OTHER PROCEEDINGS, THE FOLLOWING ORDER WAS PASSED AS FOLLOWS: AN ORDER OF THE COMMISSIONERS COURT OF ELLIS COUNTY, TEXAS GRANTING A ONE-TIME VARIANCE FROM SECTION VIII (A) (RESIDENTIAL LOTS) OF THE COUNTY OF ELLIS RULES, REGULATIONS AND SPECIFICATIONS FOR SUBDIVISIONS AND MANUFACTURED HOMES TO ALLOW ONE (1) OF TWO (2) LOTS TO NOT MEET THE MINIMUM ROAD FRONTAGE REQUIREMENT. THE PROPERTY CONTAINS ± 3.130 ACRES OF LAND, COMMONLY KNOWN AS 2231 PATRICK ROAD AND LOCATED ON THE WEST SIDE OF PATRICK ROAD ± 1,020 FEET SOUTH OF MULKEY ROAD, IN THE EXTRATERRITORIAL JURISDICTION (ETJ) OF THE CITY OF WAXAHACHIE, ROAD & BRIDGE PRECINCT NO. 4, WITH PROPERTY MORE FULLY DESCRIBED IN EXHIBIT A, PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Commissioners Court of Ellis County, Texas, in compliance with the laws of the State of Texas and the orders of Ellis County, Texas, have given the requisite notices and otherwise, and after holding and affording a full and fair hearing to all interested persons, and in the exercise of its legislative discretion, have concluded that this proposal should be approved; NOW, THEREFORE BE IT ORDAINED BY THE COMMISSIONERS COURT OF ELLIS COUNTY TEXAS, THAT: SECTION 1. GRANTING OF A VARIANCE. The Commissioners Court finds that the variance criteria outlined in Section XI (B) of the County of Ellis Rules, Regulations, and Specifications for Subdivisions and Manufactured Homes apply and are set Page 4 of 7

forth above are incorporated into the body of this order as if fully set forth herein, and the granting of relief in the form of a lesser standard will not impact adversely on public health, safety, general welfare, traffic conditions, and not alter the nature, character, and quality of the subdivision. SECTION 2. CONDITIONS OF APPROVAL. The variance for the above-described property is hereby granted a one-time variance from the Ellis County Rules for relief on the 150 feet of road frontage requirement, subject to the following condition: 1) A replat plat meeting all other requirements shall be submitted for review. SECTION 3. CONFLICTS. To the extent of any irreconcilable conflict with the provisions of this Order and other orders of Ellis County governing the use and development of the Property and which are not expressly amended by this Order, the provisions of this Order shall be controlling. SECTION 4. SEVERABILITY CLAUSE If any section, paragraph, sentence, phrase, or word in this order is held invalid or unconstitutional, such holding shall not affect the validity of the remaining portions of this order; and the Commissioners Court hereby declares it would have passed such remaining portions of the Order despite such invalidity, which remaining portions shall remain in force and effect SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED, APPROVED, AND ADOPTED IN OPEN COURT BY THE COMMISSIONERS COURT OF ELLIS COUNTY, TEXAS ON THIS THE 2ND DAY OF JANUARY 2018. Carol Bush, County Judge Commissioner Randy Stinson, Precinct No. 1 Commissioner Lane Grayson, Precinct No. 2 Commissioner Paul Perry, Precinct No. 3 Commissioner Kyle Butler, Precinct No. 4 ATTEST: Cindy Polley, County Clerk Page 5 of 7

EXHIBIT A Location Map & Survey Subject Property Page 6 of 7

Page 7 of 7

SHORT TITLE: Replat of Allen Family Estates, Tract 5. AGENDA ITEM 1.2 Ellis County Commissioners Court January 2, 2018 LEGAL CAPTION: Consider & act upon a replat of Tract 5, Allen Family Estates, into Tract 5A and Tract 5B. The property contains ± 3.130 acres of land and located on the west side of Patrick Road ± 1,020 feet south of Mulkey Road, in the extraterritorial jurisdiction (ETJ) of the City of Waxahachie, Road & Bridge Precinct No. 4. APPLICANT(S): John & Trisha Douglas PURPOSE: The applicant wishes to subdivide this property into two (2) residential lots. HISTORY: The plat for Allen Family Estates was approved by the County Commissioners Court on September 30, 1981. Although no previous history is associated with this property, a variance request for road frontage is also scheduled for action at this meeting. If that variance request is not approved, the replat will not be heard. OTHER RELEVANT INFORMATION: Thoroughfare Plan: The Thoroughfare Plan shows Old Buena Vista Road as an existing minor arterial, requiring a total right-of-way dedication of 80-100 feet. This plat shows a total right-of-way dedication of 40 feet from the centerline of Old Buena Vista, complying with the Thoroughfare Plan by dedicating one-half of the necessary right-of-way dedication. Utilities: Rockett Special Utility Water District currently provides water service in this area. Page 1 of 4

Advertisement: As required by State Law in Chapter 232.009 (c) of the Texas Local Government Code, this replat was advertised on the County s website on November 30, 2017, and the Waxahachie Daily Light on December 10, December 20, and December 24, 2017. A total of three (3) property owner notifications were sent, with two (2) certified signed receipts returned. To date, the Department staff has not received any inquiries regarding this request. ANALYSIS: Outside of the variance request, this replat meets all the requirement of the current Rules and Regulations. RECOMMENDATION: Staff recommends approval of this replat, as presented. ATTACHMENTS: 1. Replat PREPARED AND SUBMITTED BY: Lisa Yates Subdivision Coordinator APPROVED AND PRESENTED BY: Alberto Mares, AICP, DR Director of Planning & Development Ellis County Page 2 of 4

ATTACHMENT NO. 1 Subject Property Page 3 of 4

ATTACHMENT NO. 2 Page 4 of 4

SHORT TITLE: Road frontage variance for 146 Hoot Lane. AGENDA ITEM 1.3 Ellis County Commissioners Court January 2, 2018 LEGAL CAPTION: Consider & act upon a request to grant a one-time variance from Section VIII (A) (Residential Lots) of the County of Ellis Rules, Regulations and Specifications for Subdivisions and Manufactured Homes to allow one (1) single-family residence without meeting the minimum road frontage requirement. The property contains ± 2.00 acres of land in the T.J. Chambers Survey, Abstract No. 30, commonly known as 146 Hoot Lane, Ennis, Road & Bridge Precinct No. 2. APPLICANT(S): Florentina Lopez PURPOSE: The applicant requesting a variance to Section VIII (A) of the Rules and Regulations to allow one (1) mobile home residence on a property with no county road frontage. The property fronts onto two (2) privately-maintained roads, Hoot Road and Hollar Road. HISTORY: This property was placed into an unrecorded subdivision and labeled as Lot 21 in the Bonham Subdivision in approximately 2005. A previous mobile home was in place (and grandfathered) when the current property owner bought the property in 2008, but that mobile home was later removed. She wishes to place a new mobile home on this property, but the current regulations prevent her from accomplishing this without a variance. OTHER RELEVANT INFORMATION: Section VIII (A) requires a minimum of one hundred fifty (150) feet of County of State road frontage Page 1 of 8

Section XI (B) outlines the criteria below for granting relief from the rules and regulations. 1. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Order would deprive the applicant of the reasonable use of his land; and, 2. That the relief is necessary for the preservation and enjoyment of a substantial property right of the applicant; and, 3. That the granting of the relief will not be detrimental to the public finances, health, safety or welfare, or injurious to other property in the area; and, 4. That the granting of the relief will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of the Order. ANALYSIS: The property has existing utility services on this property. As there was a previous mobile home on this property in the past, there should be a very minimal impact, if any, on this requested variance. Also, this request meets the criteria for granting relief from the current regulations. RECOMMENDATION: Staff recommends approval of this variance to Section VIII (A) to grant a variance, as presented, subject to the following conditions: 1) A simplified plat shall be submitted for review to the Department of Development to create a legal lot of record officially and before submittal of any development or onsite sewage facility permit. 2) A permit shall be submitted for review to the Department of Development to permit this habitable structure and a Hook-To for the existing on-site sewage facility. 3) There shall only be one (1) single family residence located on these two (2) acres. ATTACHMENTS: 1. Applicant s Request 2. Draft Order Page 2 of 8

PREPARED AND SUBMITTED BY: Lisa Yates Subdivision Coordinator APPROVED AND PRESENTED BY: Alberto Mares, AICP, DR Director of Planning & Development Ellis County Page 3 of 8

ATTACHMENT NO. 1 Page 4 of 8

COMMISSIONERS COURT OF ELLIS COUNTY ORDER NO. On this the 2 nd day of January 2018, the Commissioners Court of Ellis County, Texas, convened in a regular session of said court on the 2nd Floor of the Ellis County Historic Courthouse located at 101 West Main Street, Waxahachie, Texas, with the following members present, to wit: COUNTY JUDGE: Judge Carol Bush ATTACHMENT NO. 2 COMMISSIONERS: Randy Stinson, Commissioner, Pct. 1 Paul Perry, Commissioner, Pct. 3 Lane Grayson, Commissioner, Pct. 2 Kyle Butler, Commissioner, Pct. 4 AND AMONG OTHER PROCEEDINGS, THE FOLLOWING ORDER WAS PASSED AS FOLLOWS: AN ORDER OF THE COMMISSIONERS COURT OF ELLIS COUNTY, TEXAS GRANTING A ONE-TIME VARIANCE FROM SECTION VIII (A) (RESIDENTIAL LOTS) OF THE COUNTY OF ELLIS RULES, REGULATIONS AND SPECIFICATIONS FOR SUBDIVISIONS AND MANUFACTURED HOMES TO ALLOW ONE (1) SINGLE FAMILY RESIDENCE WITHOUT MEETING THE MINIMUM ROAD FRONTAGE REQUIREMENT. THE PROPERTY CONTAINS ± 2.00 ACRES OF LAND IN THE T.J. CHAMBERS SURVEY, ABSTRACT NO. 30, COMMONLY KNOWN AS 146 HOOT LANE, ENNIS, ROAD & BRIDGE PRECINCT NO. 2, WITH PROPERTY MORE FULLY DESCRIBED IN EXHIBIT A, PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Commissioners Court of Ellis County, Texas, in compliance with the laws of the State of Texas and the orders of Ellis County, Texas, have given the requisite notices and otherwise, and after holding and affording a full and fair hearing to all interested persons, and in the exercise of its legislative discretion, have concluded that this proposal should be approved; NOW, THEREFORE BE IT ORDAINED BY THE COMMISSIONERS COURT OF ELLIS COUNTY TEXAS, THAT: SECTION 1. GRANTING OF A VARIANCE. The Commissioners Court finds that the variance criteria outlined in Section XI (B) of the County of Ellis Rules, Regulations, and Specifications for Subdivisions and Manufactured Homes apply and are set Page 5 of 8

forth above are incorporated into the body of this order as if fully set forth herein, and the granting of relief in the form of a lesser standard will not impact adversely on public health, safety, general welfare, traffic conditions, and not alter the nature, character, and quality of the subdivision. SECTION 2. CONDITIONS OF APPROVAL. The variance for the above-described property is hereby granted a one-time variance from the Ellis County Rules for relief on the 150 feet of road frontage requirement, subject to the following condition: 1) A simplified plat shall be submitted for review to the Department of Development to create a legal lot of record officially and before submittal of any development or on-site sewage facility permit. 2) A permit shall be submitted for review to the Department of Development to permit this habitable structure and a Hook-To for the existing on-site sewage facility. 3) There shall only be one (1) single family residence located on these two (2) acres. SECTION 3. CONFLICTS. To the extent of any irreconcilable conflict with the provisions of this Order and other orders of Ellis County governing the use and development of the Property and which are not expressly amended by this Order, the provisions of this Order shall be controlling. SECTION 4. SEVERABILITY CLAUSE If any section, paragraph, sentence, phrase, or word in this order is held invalid or unconstitutional, such holding shall not affect the validity of the remaining portions of this order; and the Commissioners Court hereby declares it would have passed such remaining portions of the Order despite such invalidity, which remaining portions shall remain in force and effect SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. Page 6 of 8

PASSED, APPROVED, AND ADOPTED IN OPEN COURT BY THE COMMISSIONERS COURT OF ELLIS COUNTY, TEXAS ON THIS THE 2ND DAY OF JANUARY 2018. Carol Bush, County Judge Commissioner Randy Stinson, Precinct No. 1 Commissioner Lane Grayson, Precinct No. 2 Commissioner Paul Perry, Precinct No. 3 Commissioner Kyle Butler, Precinct No. 4 ATTEST: Cindy Polley, County Clerk Page 7 of 8

EXHIBIT A Location Map & Survey Subject Property Page 8 of 8