PRESENTER: Presenter
James Ingalls, P.E.
Owner: Cory Elrod
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SUBJECT: Title
WVR26-121 Discuss and consider a waiver from Section 118-45(b) of the Subdivision Platting Ordinance to allow a proposed residential lot that does not include the minimum required street frontage with the replat of Landa Park Highlands, Lots 33A, 33B and 33C.
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DEPARTMENT: Neighborhood and Community Planning
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COUNCIL DISTRICTS IMPACTED: 3
BACKGROUND INFORMATION:
WVR26-121
Applicant:
James Ingalls, P.E.
(830) 358-7127 jamesingalls@ink-civil.com
Owner:
Cory Elrod cory@legacycommercialre.com
Staff Contact:
Dana Moses
(830) 221-4054 dmoses@newbraunfels.gov
A subdivision titled Landa Park Highlands Lots 33A, 33B and 33C was recorded in December of 2010 and consists of three residential lots situated on approximately 3.4 acres on the north side of Lakeview Boulevard and west of Lakeview Circle. Two of the lots were created without frontage along a public street. A platted shared access easement is included on the plat to guarantee access to Lots 33B and 33C.
ISSUE:
The applicant is proposing a replat of the subdivision to create a fourth residential lot (Lot 33D) with no street frontage. Section 118-45(b) of the Subdivision Platting Ordinance requires that all lots front onto a dedicated public street.
As an alternative to the requirement for street frontage, the applicant is proposing a realignment of the platted access easement that will guarantee owners access to their property.
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 1.6: Incentivize infill development and redevelopment to take advantage of existing infrastructure
• Action 3.16: Review and revise regulations that inadvertently inhibit creative housing options
• Action 3.19: Improve walkability and connectivity
• Action 7.3: Prioritize connecting infrastructure gaps.
• Action 7.7: Ensure development codes include safety and congestion relief as an intent
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☐Enhanced Connectivity ☒Community Identity
☐Organizational Excellence ☐Community Well-Being ☐N/A
• Community Identity: Adopt the new Land Development Ordinance that implements goals of our residents identified in Envision New Braunfels, including but not limited to protecting historic structures, preserving and increasing green space and tree canopy, protecting natural resources, and safeguarding the character, integrity, and stability of neighborhoods.
• Economic Mobility: Continue to develop a series of policies and programs to encourage
the construction of different housing types, such as accessory dwelling units, to increase the diversity of the housing supply, especially in areas of the community that are undergoing changes to current development patterns and where demand is outpacing supply.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Staff recommends approval of the requested waiver as the shared access easement is consistent with prior approvals and would not negatively impact surrounding properties or infrastructure.
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