Presenter
Presenter
Stacy Snell, Planning Manager
Contact Info
ssnell@nbtexas.org
Subject Header
SUBJECT:
Title
Discuss and consider a request for a waiver to the Subdivision Platting Ordinance to allow payment of escrow in lieu of constructing a 6-foot wide public sidewalk adjacent to the future extension of Alves Lane for the Grace Meadows Subdivision Master Plan.
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Background:
Case #: MP20-0122
Council District: 4
Owner: MSSC Investments, LP (Michael Kivlin)
2732 Morning Moon
New Braunfels, TX 789132
(830) 625-4279; msscinvestments@gmail.com
Engineer: HMT Engineering & Surveying (Tim Gorena, P.E.)
290 S. Castell Avenue
Suite 100
New Braunfels, TX 78130
(830) 625-8555; plats@hmtnb.com
Staff Contact: Matt Greene, Planner
(830) 221-4053; mgreene@nbtexas.org
The subject property is located at the north side of Barbarosa Road between the intersections of Alves Lane and Three Mile Creek on the south side of Runway 13 of the New Braunfels Regional Airport. The proposed subdivision consists of 106.6 acres with most of the property located in the ETJ in Guadalupe County; and the first 450 of depth adjacent to Barbarosa inside the city limits and zoned “R-2” Single and Two-Family District. The subdivision will consist of approximately 323 single family residential lots, 4 drainage lots and 4 park/open space lots to be developed in 4 phases.
The Subdivision Platting Ordinance authorizes waivers to be granted when:
1. An undue hardship will result from strict compliance with the ordinance, or
2. When the purpose of the regulation may be served to a greater extend by an alternative proposal, so that substantial justice may be done, and the public interest is secured.
All waivers for sidewalks where the Planning Commission has approved or approved with conditions, including the approval of the escrowing of funds for the construction of sidewalks on perimeter streets to be built at a later date, are forwarded to City Council for final consideration. Pursuant to the adopted ordinance, 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.
Regional Transportation Plan:
The subdivision includes a portion of the proposed extension of Alves Lane north from Barbarosa, which is designated as a 90-foot wide Major Collector on the City’s Regional Transportation Plan.
Sidewalks:
Six-foot wide public sidewalks are required to be constructed by the developer along this future extension of Alves Lane. The applicant is requesting a waiver to allow payment of escrow in lieu of constructing approximately 2,250 linear feet of the 6-foot wide sidewalk adjacent to the future extension of Alves Lane.
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
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City Plan/Council Priority: Envision New Braunfels Comprehensive Plan |
Action 6.4: Consider how each new development project impacts the transportation system and ensure appropriate mitigation is implemented. Action 7.3: Prioritize connecting sidewalk gaps through development requirements or public investment. Action 7.5: Continue development of sidewalks and trails to increase interconnectivity by 5 percent each year to support reduction of carbon footprint. Action 7.19: Improve connectivity for all modes of transportation including bicycles. |
FISCAL IMPACT:
Sidewalks not constructed or escrowed with development will have to be constructed later at taxpayer expense.
COMMITTEE RECOMMENDATION:
The Planning Commission held a public hearing on August 4, 2020 and recommended approval to escrow (8-0-0, with Commissioner Mathis absent).
STAFF RECOMMENDATION:
Staff recommends the applicant escrow funds for the cost of constructing the sidewalk, as plans for the street section have not yet been developed and sidewalks installed now might have to be partially removed/replaced with the future Alves Lane extension.
Pedestrian activity continues to increase in this area with development such as the proposed project. Safe pedestrian routes emerged as a high priority for the community through the robust public input for Envision New Braunfels. The escrowed funds for sidewalk installation by the proposed subdivision will offset these costs to the taxpayer and ensure the location of the sidewalk is appropriate.
Attachments:
• Aerial Map
• Waiver Request
• Excerpt of Minutes from the August 4, 2020 Planning Commission Regular Meeting
• Reduced Master Plan