PRESENTER: Presenter
Applicant: Cude Engineers; Andrew Macias
Owner: Lennar Homes of Texas
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SUBJECT: Title
WVR23-255 Discuss and consider waivers from Section 118-44(b) of the Subdivision Platting Ordinance to allow blocks 13 and 37 to exceed the block length maximum of 1,200 feet by approximately 175 feet and 195 feet.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: ETJ
BACKGROUND INFORMATION:
Case #: WVR23-255
Owner: TriOak Development, LLC
4634 94th Street
Lubbock, TX 79424
(205) 504-4877
Engineer/
Applicant: A. Lowry
Cude Engineers
4122 Pond Hill Rd
San Antonio, TX 78213
(210) 681-2951 alowry@cudeengineers.com
Staff Contact: Laure Middleton
(830) 221-4054 Lmiddleton@newbraunfels.gov
The Flying W Subdivision consists of approximately 362 acres and is located outside city limits on the north side of 1102 near the terminus of Watson Lane along the edge of the City’s ETJ. The master plan was conditionally approved on April 4, 2023, but has been redesigned and must be resubmitted for review.
ISSUE:
Section 118-44(b) of the Subdivision Platting Ordinance requires block lengths to be a maximum of 1,200 feet, except along arterial streets. Section 118-2 defines a block as a unit of land bounded by streets or other transportation or utility rights-of-way, parks, streams, waterways, or any other barrier to the continuity of development.
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 of waivers to block length. 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. The applicant has not provided evidence that the design of the subdivision has not created self-imposed non-compliance with the creation of blocks measuring approximately 1,375 feet and 1,395 feet in length. Mixed-Use trails shown on the block length exhibit provided by the applicant do not appear to be adequate block breaks, although they do provide more pedestrian connectivity.
The City Engineer does not support these waivers. All way stop control shall not be installed unwarranted. Comal County will own and maintain the proposed ROW and traffic calming measures. Per the County Engineer’s Office, they would not recommend County road acceptance of any roads with speed humps or other physical traffic calming constructs. If such roadway features existed, the County Engineer’s Office would recommend to the Commissioners Court that they be removed prior to any roadway acceptance by the County. Stop signs are not for speed control per the Texas Manual of Uniform Traffic Control Devices (TMUTCD).
The city’s adopted platting standards set the minimum requirements for subdivision
layout and design. They are to ensure the health, safety, and welfare of citizens while providing appropriate access and traffic facilities.
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 waivers may be detrimental to the public safety, health, or welfare, by addressing traffic impacts of the proposed development with inadequate mitigation measures.
The applicant states that justification for the waiver request is that there are no existing streams, waterways, or parks and the developer does not propose any parks within the 362-acre tract. Staff does not support a waiver to platting ordinance requirements that facilitates the avoidance of standard safety requirements.
Approval of these requested waivers without a finding of the presence of an undue hardship would set a precedent for the standard series in the subdivision plat procedure and the provisions of the adopted City ordinance. Staff recommends denial.
Resource Links:
Chapter 118-46 Streets, of the City’s Code of Ordinances:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH118SUPL_ARTIVDEST_S118-46ST>