PRESENTER: Presenter
Applicant: Matthew Eckmann
Owners: Fred & Colleen Willard, Jay & Karen Dudley, Charles & Marcia Baertl
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SUBJECT: Title
REP24-341 Public hearing and consideration of a replat of Block No. 7 of the Forest Park Addition, with conditions.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: District 3
BACKGROUND INFORMATION:
Case #: REP24-341
Owners: Fred B. and Colleen P. Willard
610 Laurel Ln
New Braunfels, Texas 78130
(830) 743-7269 fbwillard@gmail.com
Jay D. Dudley and Karen B. Dudley
648 Laurel Ln
New Braunfels, Texas 78130
Charles E. Baertl and Marcia J. Baertl
630 Laurel Ln
New Braunfels, Texas 78130
Engineer: Edward A. Prince, P.E.
Baseline DCCM
190 S Seguin Ave
New Braunfels, TX 78130
(830) 606-3913 eprince@baselinesurveyors.net
Case Manager: Dana Moses
(830) 221-4054 dmoses@newbraunfels.gov
Description: Consideration of a replat of Lots 21A, 22A, 23A, 24 and an approximately 10.5-acre tract establishing proposed Lots 1-5 of the Forest Park Addition, Block 7.
The Forest Park Subdivision is a residential development located on the south side of State Highway 46, and on the northwest side of the city. The subdivision is located entirely within the city and is zoned R-2, Single-Family and Two-Family District. The original plat for the Forest Park Addition (approximately 105 acres) was approved in July of 1947, consisting of 135 single-family home lots.
ISSUE:
This replat of a portion of the Forest Park Addition is approximately 13.7 acres in area and proposes the reconfiguration of 4 existing single-family lots, and the platting of approximately 9.7 acres as a park lot. Proposed Lot 3 is intended to be conveyed to the city as parkland and the internal boundaries of existing residential Lots 21A, 22A, 23A, and 24 will be revised with the proposed replat.
Drainage:
The Public Works Department reviewed project drainage with the Letter of Certification process as required by Section 118-51(e)r of the Platting Ordinance and in accordance with the requirements of Chapter 143 Municipal Drainage Utility Systems and the Drainage and Erosion Control Design Manual. Drainage improvements are not required to be constructed with this subdivision.
Utilities:
Water and wastewater facilities will be provided by NBU - 20-foot wide public utility easements must be dedicated along all street frontages and no improvements to the existing infrastructure are required.
Transportation Plan:
The proposed replat is in compliance with the City’s Regional Transportation Plan. The project is not proposing streets within the subdivision.
Hike and Bike:
The plat is in compliance with the City’s Hike and Bike Trails Plan. There are no bike lanes or off-street paths indicated on the plan along the subject property.
Sidewalks
Four (4) foot wide sidewalks will be required to be constructed by the developer or homeowner per city standards at the time of lot development or redevelopment per city standards along Laurel Lane, Forest Drive, and Beverly Lane.
Roadway Impact Fees:
The subdivision is in Roadway Impact Fee Service Area 2. The Impact Fees will be collected at the time of building permit as indicated in the then current fee schedule for the intended use.
Parkland Dedication and Development:
This subdivision is subject to the City’s 2018 Parkland Dedication and Development Ordinance. The owner of any residential lot is required to pay parkland dedication and development fees for any lot that exceeds one dwelling unit.
Notification:
Pubic notices were sent to owners of 36 properties within 200 feet of the subject property. The city has received two responses in objection to the request.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
To meet the requirements of the Subdivision Platting Ordinance and other adopted codes, the applicant’s proposed final plat must comply with the conditions noted below. Staff recommends approval of the applicant’s proposed final plat with the following Conditions of Approval:
1. Revise the plat title block as follows:
a. The name of the plat should be revised from ‘Revised Plat of Block No. 7 Forest Park Addition to ‘Final Plat of Block No. 7 Forest Park Addition’ (NBCO 118-34(g)).
b. Add ‘Replat of a’ between ‘A’ and ’13.732’ in the first sentence of the subtitle (NBCO 118-34(g)).
2. Add the legal description for Lots 21a-23a that are included in the replat to the Area To Be Replatted description on Sheet 1 (NBCO 118-34(d)).
3. Update the language of all owner acknowledgment statements to be consistent with the corrected name of the plat ‘Final Plat of Block No. 7, Forest Park Addition’ (NBCO 118-34(d)).
4. Revise proposed lot numbers to be 25 - 30, Block 7 due to lots 1 - 5 already existing on the original Forest Park Plat (NBCO 118-34(d)).
5. Remove note #7 - zoning controls land use (NBCO 144-1.1).
6. Correct the street name from ‘Forest Lane’ to ‘Forest Drive’ on the plat drawing and adjust the street name label location to be approximately halfway between the intersections of Laurel Lane and Beverly Lane (NBCO 118-29(b)(2)).
7. Add a sidewalk plat note that states: “Four-foot-wide public sidewalks will be constructed by the developer or homeowner per city standards at the time of lot development along Laurel Lane, Forest Drive, and Beverly Lane” (NBCO 118-30(h)).
8. Correct sidewalk plat note #9 to state that the sidewalk is existing along State Hwy 46. It appears to be at least 10’ in width, please confirm (NBCO 118-30(h)).
9. Replace the County Clerk signature block with the notary certificates of approval for owners signature statements “State of Texas County of ____ This instrument was acknowledged before me on this ____ day of _________, 20__, by____. ____Notary Public State of ____” (NBCO 118-30(c))(1).
10. Correct the County Clerk signature certificate that is incorrectly used in place of the notary certification for owners signatures (NBCO 118-30(2))(e).
11. Complete plat note #12 to indicate this plat is approved for one dwelling unit per lot for the 4 proposed residential lots (NBCO 118-60(c)).
12. A 20’ wide utility easement is required on Lots 1, 2, 4 and 5 fronting Laurel Lane/Forest Drive (NBCO 118-48).
13. A 20’ wide utility easement is required on Lot 2, Block 7 to contain existing single-phase primary electric line serving Lot 2, Block 7 (NBCO 118-48).
14. An existing sewer line easement from 1960 needs to be included on the plat where crossing Lot 3; it should be depicted as a 20’ wide sewer easement following field-located sewer lines not covered by subsequent easement dedications (NBCO 118-48).
• Note: 2021 utility easement was dedicated for a separate water line project, so the 1960 sewer easement must parallel.
15. Remove the NBU temporary construction easements; the term has expired (NBCO 118-48).
16. An additional plat note is required indicating that Lot 3 is a non-buildable (park) lot (NBCO 118-48).
Approval Compliance:
To obtain approval of the final plat the applicant must submit to the City a written response that satisfies each condition of approval prior to expiration of the final plat (Section 118-32(b)). In accordance with Chapter 212, Texas Local Government Code, the City will determine the final plat approved if the response adequately addresses each Condition of Approval.