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 not require sidewalk construction along State Highway 123 for the Navarro Subdivision, Unit 1A.
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Background:
Case No. WRV20-126
Owner/
Applicant: Lennar Homes of Texas Land and Construction LTD
Richard Mott, P.E.
1922 Dry Creek Way, Suite 101
San Antonio, TX 78259
(210) 403-6200
richard.mott@lennar.com
Engineer: KFW Engineers & Surveying
Nicole Alatorre
3421 Paesanos Parkway, Suite 200
San Antonio, TX 78231
(201) 979-8444
nalatorre@kfwengineers.com
Staff Contact: Matthew Simmont
(830) 221-4058
msimmont@nbtexas.org
The subject property is located outside the city limits and on the eastern edge of the City’s ETJ. A 324-acre master plan for the Navarro development was approved in July 2019 for a project that includes 1,448 single-family residential lots, 2 commercial lots and 81 acres of park/open/drainage areas. The proposed primary entrance of the Navarro development will be located on State Highway 123 approximately 700 feet north of its intersection with Harborth Road. The boundary of the 324-acre master plan is also the boundary of the Lone Oak Farm MUD authorized by the City in May 2019.
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 extent 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:
State Highway 123 is classified as a Major Arterial roadway within the Seguin ETJ and is under the control of TxDOT. No additional right of way dedication is proposed along State Highway 123.
Sidewalks:
Six-foot wide sidewalks are required to be constructed by the developer along State Highway 123. The applicant is requesting a waiver to not construct approximately 750 linear feet of the required six-foot wide sidewalk along State Highway 123.
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
|
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
On August 4, 2020 the Planning Commission recommended the applicant escrow the cost of constructing the required sidewalk along SH 123.
STAFF RECOMMENDATION:
Staff recommends the applicant escrow funds for the cost of constructing the sidewalk. Escrowed funds designated for sidewalk installation with future improvements to this roadway will offset these costs to the taxpayer.
It is evident that pedestrian activity will increase along State Highway 123 with the progress of development along this transportation corridor that is substantially aided by the extension of wastewater services to the area. Safe pedestrian routes emerged as a high priority for the community through the robust public input for Envision New Braunfels.
Attachments:
• Aerial Map
• Waiver Request
• Photograph
• Final Plat Exhibit