PRESENTER: Presenter
Applicant: HMT Engineering & Surveying; Chris Van Heerde, P.E.
Owner: Rheinlander Properties, LLP; Jayne Jochec
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SUBJECT: Title
WVR23-470 Discuss and consider a waiver to Section Sec118-21(d)(1), requiring the developer to secure a letter of certification (LOC) from Springs Hill WCS for verification of water service prior to an application for a subdivision master plan.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: ETJ
BACKGROUND INFORMATION:
Case #: WVR23-470
Owner: Rheinlander Properties, LLP
Jayne Jochec
457 Landa St., Suite H
New Braunfels, TX 78130
Engineer: Chris Van Heerde, P.E.
HMT Engineering & Surveying
290 S. Castell Ave., Suite 100
New Braunfels, TX 78130
830-625-8555 ׀ chrisv@hmtnb.com
Case Manager: Laure Middleton, Planner
(830) 221-4054 ׀ LMiddleton@newbraunfels.gov
Description: A 48.69-acre master plan establishing 2 units.
The subject property is bounded to the southwest by SH-46 and to the southeast by Ewald Road. The applicant intends to plat and develop the subject property in 2 units, one proposed for multifamily housing and commercial tracts, and one proposed as “Residential Low Density.”
ISSUE:
Letter of Certification:
The Subdivision Platting Ordinance requires the developer to secure a letter of certification (LOC) from the Water Utility provider prior to an application for subdivision plat or master plan. The applicant is requesting a waiver to allow for an application for subdivision master plan to be submitted for review prior to water utility provider LOC review and issuance.
The applicant states that Springs Hill WCS has refused to review and provide an LOC for any future projects until they figure out their water supply issues, allocate supply to each project, and enter into Non-Standard Service Agreements (NSSA) to supply the subdivisions. The applicant wishes to proceed with the Master Plan process since it does not enable the division of land, merely sets phasing and design of infrastructure layout, while Springs Hill WCS retains the ability to deny LOCs for plats until such time that their plans have been finalized for supply. The applicant also states that they assume the risk of advancing the Master Plan without water supply assurance and the responsibility for securing an NSSA prior to construction plans review. However, allowing a development to proceed without a basic requirement for development sets an irresponsible precedent on behalf of the City.
Waiver criteria are provided below in Commission Findings.
Commission Findings:
The adopted Subdivision Platting Ordinance indicates the Planning Commission shall not approve/recommend approval of a waiver unless it makes findings based upon the evidence presented to it in each specific case that:
1. Granting the waiver will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the waiver will not prevent the orderly subdivision of other property in the vicinity.
2. Because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular hardship to the property owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; or an alternate design will generally achieve the same result or intent as the standards and regulations prescribed herein; and
3. The waiver will not in any manner vary the provisions of the Zoning Ordinance or other ordinance(s) of the City.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Denial. This waiver application does not provide evidence of an undue hardship or where the purpose of the City’s subdivision regulations may be served to a greater extent by an alternate proposal. A waiver to the requirement of an LOC prior to an application for a subdivision master plan contradicts the criteria necessary to make supporting findings for approval.
The developer has not demonstrated that a particular hardship to the property owner would result, because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out. Additionally, granting the waiver may create a negative precedent for allowing a development to proceed without the basic assurances required with the master plan.
Approval of this waiver without an undue hardship would set a negative precedent for the standard series in the subdivision plat procedure and the provisions of City ordinance. Staff recommends denial.