Presenter
Presenter
Christopher J. Looney, Planning and Community Development Director
Contact Info
clooney@nbtexas.org
Subject Header
SUBJECT:
Title
Discuss and consider a sidewalk waiver to allow an alternate pedestrian access plan for the residential collector street for the proposed Chapel Creek Subdivision.
Body
BACKGROUND / RATIONALE:
Case No.: PL-17-103
Council District: Outside the City Limits
Owners/
Developers: 306 Properties LP Regal Land Development
David Burch Clint Jones
900 N. River Hills Road 6936 Bee Caves Road, Suite 330
Austin, TX 78733 Austin, TX 78746
Applicant/
Representative: Moeller & Associates
2021 SH 46 W, Ste 105
New Braunfels, TX 78132
(830) 358-7127
Staff Contact: Matthew Simmont, Planner
(830) 221-4058
msimmont@nbtexas.org
Section 118-49 of New Braunfels’ Platting Ordinance requires the construction of 4-foot wide sidewalks on both sides of all streets at the time of individual residential lot improvement, and at the time of subdivision construction adjacent to non-buildable lots. This is a requirement both inside the city limits as well as in the Extraterritorial Jurisdiction (ETJ). When the roadway is a Collector as classified on the Regional Thoroughfare Plan, those sidewalks are required by Chapter 118 to be separated from the back of the curb by 4 feet.
The subject property is located in the ETJ west of the intersection of FM 306 and Hoffman Lane. The proposed subdivision consists of 497.8 acres to be subdivided into 195 lots that will allow for up to 881 dwelling units.
Pursuant to Chapter 118 Section 49(i), the applicant is requesting approval of an alternative pedestrian plan for the residential collector street that provides primary access to the subdivision and intersects with FM 306. In lieu of the required 4-foot wide sidewalks on both sides of the entry collector, the applicant is proposing a 10-foot wide meandering shared-use path on one side of this roadway. This shared use path as proposed would alternate along both sides of the roadway with accessible crossings at street intersections and ultimately connect with the proposed internal greenbelt trail.
Sidewalks and sidewalk connectivity are important for mobility as well as for community health. The Platting Ordinance (Chapter 118) authorizes waivers to be approved when an undue hardship will result from strict compliance with a provision of 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 is 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 can only be granted by City Council after a recommendation from the Planning Commission. If the waiver is approved, construction of the 10-foot wide shared use path will be constructed with the collector street in lieu of two 4-foot wide sidewalks along both sides of the collector street. If the waiver is denied, then sidewalk construction will be required by the owner/developer/builder at the time of new development on each lot, such as the construction of a new residential dwelling, a multifamily development or at time of street construction when adjacent to open space.
The applicant has noted that a 10-foot wide shared use path on one side of the roadway would provide a more user-friendly amenity within the subdivision and would establish a strong sense of connection into New Braunfels and Gruene with the recent reconstruction of FM 306.
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
|
X |
Yes |
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 and the recommended design would separate the pathway from the curb by at least four feet. |
FISCAL IMPACT:
None.
Recommendation
COMMITTEE RECOMMENDATION:
In considering this waiver request, the Planning Commission had two options:
1. To deny the waiver and require sidewalks; or
2. To recommend approval of the requested alternative.
On September 12, 2017, the Planning Commission:
• Approved the Master Plan of the Chapel Creek Subdivision with Staff’s technical recommendations and applicant corrections;
• Approved a waiver request to the block length requirement;
• Approved a waiver request to the dimensional standards for the private street section design; and,
• Recommended approval of the waiver request for an alternative pedestrian plan for the residential collector within the subdivision, with additional midblock trails as depicted on the applicant's proposed Master Plan.
The vote was unanimous (7-0).
STAFF RECOMMENDATION:
Staff recommends approval of the applicant's requested alternative pedestrian plan, also with the proposed midblock trails illustrated on the Master Plan. A 10-foot wide shared use path will meet the intent of regulations to provide accessible pedestrian access and, as proposed, would likely provide a more attractive streetscape. It is recommended the shared use path be separated from the back of the curb by at least four feet, consistent with the required collector street section.
ATTACHMENTS:
1. Aerial & Regional Transportation Plan
2. Application and Waiver Requests
3. Reduced Master Plan
4. Photograph of Subject Property
5. Draft Planning Commission Meeting Minutes
6. Sec. 118-11 Waiver
7. Sec. 118-49 Sidewalks