Presenter
Presenter
Christopher J. Looney, Planning and Community Development Director
Contact Info
clooney@nbtexas.org
Subject Header
SUBJECT:
Title
Discuss and consider a waiver from the requirement to construct sidewalks along Safari Drive for the proposed final plat of Lots 4R and 5, Engel Road Industrial Park.
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BACKGROUND / RATIONALE:
Case #: PL-18-016
Council District: 1
Owner/Applicant: Emerson Nelson
B & E Warehouse Industries
5655 IH-35 S
New Braunfels, TX 78132
emerson@gvtc.com
(830) 625-5999
Representative: HMT Engineering & Surveying
410 N. Seguin Avenue
New Braunfels, TX 78130
plats@hmtnb.com
(830) 625-8555
Staff Contact: Holly Mullins, Sr. Planner
hmullins@nbtexas.org
(830) 221-4054
The subject property is located in the Engel Road Industrial Park, near the intersection of Engel Road and IH-35 South. The area is zoned M-1A Light Industrial District.
The applicant proposed a replat of Lot 4 of Engel Road Industrial Park Subdivision and approximately 3 acres of unplatted land that was included in the Engel Road Industrial Park master plan but never platted. Section 118-49 of the Platting Ordinance requires construction of 6-foot wide sidewalks when new commercial lots are platted.
Sidewalk waivers were granted with the plats for the original Engel Road Industrial Park Units 1 and 2 in the 1990’s. However, the majority of the subject property (3.18 acres) is unplatted and therefore not included in the approved waivers. Additionally, a replat is subject to current ordinance standards including sidewalk construction at the time of new development. Therefore, the applicant has requested a waiver from the sidewalk requirement, citing the nature of the area as an industrial park and the previous approval of sidewalk waivers (Attachment 2).
The needs of the citizens regarding accessibility and pedestrian connectivity, new development in the area, and attitudes toward sidewalks have changed in the 20 years since Engel Road Industrial Park was initially platted. Staff does not typically support waivers from sidewalk requirements due to their importance for safety, accessibility, and general public health.
City Council recently approved a waiver from the sidewalk requirements within the Mesquite Business Park subdivision on FM 1101, which consists of one-acre office/warehouse lots with no pedestrian destinations or connectivity to other developments. Engel Road Industrial Park has some similarities, with most lots being at least one acre and no present connections to pedestrian destinations. However, there is a new apartment complex on the corner of Engel Road and IH-35 which is where the nearest sidewalks are located, approximately 1,100 feet away (Attachment 4). Additionally, what was once a flea market in the 1990s is now a church on adjacent property. A nearby residential subdivision off of Doeppenschmidt Road is indicative of residential growth in this direction toward Cibolo.
The Platting Ordinance authorizes waivers to be granted when an undue hardship will result from the strict compliance with the ordinance, or where the purpose of the regulation may be served to a greater extent by an alternative proposal, so that substantial justice may be done, and the public interest secured. A waiver may not be approved unless it is found 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.
Sidewalk waivers may only be granted by City Council after a recommendation from the Planning Commission. If the waiver is approved, sidewalk construction will not be required along Safari Drive. However, at some point in the future, sidewalks may have to be constructed, or other modification to the right-of-way made, in order to be compliant with the Americans with Disabilities Act (ADA).
If the sidewalk waiver is denied, a 6-foot wide sidewalk will be required along Lot 5 at the time of development, and along Lot 4R at the time of new or re-development.
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
|
X |
No |
City Plan/Council Priority: Comprehensive Plan |
Goal 25B-6: Sidewalks should be provided for all new development, offset from street wherever possible. The Comprehensive Plan encourages sidewalk construction. |
FISCAL IMPACT:
At some point in the future, sidewalks may have to be constructed, or other modifications made to the right-of-way, to comply with the Americans with Disabilities Act, possibly at taxpayer expense.
Recommendation
COMMITTEE RECOMMENDATION:
On April 3, 2018, the Planning Commission approved the requested replat, with a recommendation for approval of a waiver from the sidewalk requirement along Safari Drive.
STAFF RECOMMENDATION:
Staff does not recommend approval of the sidewalk waiver request due to the importance of sidewalks for safety, accessibility, and general public health. While the remainder of the business/industrial park does not have sidewalks, pedestrian destinations in this area are increasing due to our rapid growth and there is presently no or limited connectivity.
Attachments:
1. Aerial Map
2. Application and Waiver Request
3. Plat
4. Exhibit of Sidewalks in the Area
5. Ordinances (Sec. 118-11 Waivers and Sec. 118-49 Sidewalks)