PRESENTER: Presenter
Applicant: Julianna Kernahan
Owner: Michael Mazzola
Body
SUBJECT: Title
WVR25-405 Discuss and consider a waiver from Section 118-49(a) of the Subdivision Platting Ordinance to allow the Perron Business Park to not construct a sidewalk along the property's Loop 337 frontage.
DEPARTMENT: Neighborhood and Community Planning
Body
COUNCIL DISTRICTS IMPACTED: 1
BACKGROUND INFORMATION:
Case No: WVR25-405
Applicant:
Julianna Kernahan
(519) 660-9261 jkernahan@mlcoconstruction.com
Owner:
Michael Mazzola
(409) 670-6258 mmazzola@cobbfendley.com
Staff Contact:
Dana Moses
(830) 221-4054 dmoses@newbraunfels.gov
The Perron Business Park Subdivision is a single lot final plat consisting of 13.121 acres that is located on the northwest corner of Altgelt Lane and Loop 337. The property is located within the city limits and the final plat was recorded on November 18, 2016.
ISSUE:
Section 118-49(a)(1) of the Subdivision Platting Ordinance requires sidewalks to be installed on the subdivision or development side of plats along all roadways. The applicant is requesting a waiver to not construct approximately 1,000 feet of sidewalk along the property's frontage on Loop 337.
The required sidewalk installation location is within TxDOT right-of-way along Loop 337. TxDOT has provided communication to the applicant that they have no objection to the omission of sidewalk on the subject segment of the western side of Loop 337.
The western section of Loop 337 in this area was constructed prior to TxDOT including sidewalks in their projects. TxDOT is now a strong proponent of sidewalks and constructed them with the more recent expansion of the eastern section (northbound lanes) of Loop 337 in this area.
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.
COMPREHENSIVE PLAN REFERENCE:
• Action 1.3: Encourage balanced and fiscally responsible land use patterns.
• Action 1.11: Update policies and codes to achieve development patterns that implement the goals of this plan.
• Action 3.19: Improve walkability across town to attract younger generations seeking pedestrian connections.
• Action 7.3: Prioritize connecting sidewalk gaps through development requirements or public investment.
• Action 7.13: Increase the number of accessible public spaces of all sizes.
• Action 7.19: Improve connectivity for all modes of transportation including bicycles.
• Action 7.42: Develop the landscaping and green spaces, particularly those along or adjacent to highways, with walkable infrastructure to provide safe access for pedestrians and bicyclists with no back-end parking.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☒Community Well-Being ☐N/A
• Economic Mobility: Develop a cohesive framework for economic development incentives that encourage a built environment that results in enhanced walkability, mixed housing types, and the co-location of commercial and residential uses.
• Community Well-Being: Look for opportunities to connect the community by mitigating highways, waterways and other transportation facilities that create barriers to community connectivity.
FISCAL IMPACT:
If a waiver to the requirement for construction of sidewalk is granted to the applicant, installation of the sidewalk will be an expense paid for by the taxpayers with future improvements to the roadway by TxDOT.
RECOMMENDATION:
Staff does not support waiving the sidewalk requirement. Envision New Braunfels identifies several actions related to improving connectivity and prioritizing the sidewalk network.
Staff, however, acknowledges the challenges associated with the installation of sidewalk at this location including a railroad overpass bridge which was not constructed to include a sidewalk facility. Therefore, staff recommends an alternative approval of the sidewalk waiver with the condition that the applicant constructs a proportionate amount of accessible sidewalk (approximately 1,000 linear feet) where there is a need elsewhere in the city in accordance with Section 118-13 of the Code of Ordinances.
Resource Links:
• Chapter 144, Sec. 118-11 (Waivers) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH118SUPL_ARTIINGE_S118-11WA>