Presenter
Presenter
Christopher J. Looney, Planning and Community Development Director
Contact Info
clooney@nbtexas.org
Subject Header
SUBJECT:
Title
Discuss and consider a waiver from the requirement to construct sidewalks along Herbelin Road for the replat of Lots 1A and 1B, Herbelin Ranch Subdivision
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BACKGROUND / RATIONALE:
Case No.: PL-17-051
Council District: Outside the City Limits
Owner: Kenneth & Victoria Laubach
633 Herbelin Road
New Braunfels, TX 78132
Engineer/
Applicant: 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 a 4-foot wide sidewalk at the time of individual residential lot improvement both inside the city limits as well as in the Extraterritorial Jurisdiction (ETJ).
The subject property consists of two platted lots, totaling approximately 25 acres within the ETJ. The property has approximately 84 feet of street frontage along Herbelin Road. The proposed plat creates three lots intended for residential use. Each of the proposed Lots 1AR and 1B1 is occupied by an existing home and associated accessory structures; proposed Lot 1B2 is currently undeveloped. The applicant has indicated no plans for the development of proposed Lot 1B2 at this time.
The applicant is requesting a waiver from the requirement to construct a 4-foot wide sidewalk along Herbelin Road. Sidewalks and sidewalk connectivity are important for mobility as well as for community health. However, the Platting Ordinance 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 will not be required. 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 or a change in use from residential to commercial.
The applicant states that sidewalks should not be required due to the rural residential nature of the area, the absence of sidewalks in the community, and the lack of roadside “trails” in the grass which is often indicative of people walking along the road. The nearest sidewalks are approximately 3.3 miles away at the intersection of Highway 46 and FM 2722 (Attachment 4).
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
|
X |
No |
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. |
FISCAL IMPACT:
If the waiver request is approved, sidewalk construction would not likely occur unless and until the area is re-subdivided into smaller suburban lots. Replatting the property will again trigger the sidewalk requirement.
Recommendation
COMMITTEE RECOMMENDATION:
In considering this waiver request, the Planning Commission had three options:
1. To deny the waiver and require sidewalk construction at the time of new development on the property;
2. To recommend the applicant escrow the estimated amount of a sidewalk for construction by the City at a later date; or
3. To recommend waiving the sidewalk requirement.
On July 5, 2017, the Planning Commission:
• Approved the Replat of Lots 1A and 1B of the Herbelin Ranch Subdivision with Staff’s technical recommendations and applicant corrections,
• Approved a waiver to allow a lot with no street frontage,
• Approved a waiver to allow the plat scale at 1 inch = 200 feet,
• Approved a waiver to not require a water availability certification, and
• Recommended approval of the waiver request to not have to build the 4-foot wide sidewalk along Herbelin Road.
The vote was unanimous (9-0).
STAFF RECOMMENDATION:
Staff has studied the applicant’s rationale and recommends approval of the requested sidewalk waiver. Requiring sidewalks at this subject location, near the very edge of the ETJ, would not meet the intent of the regulations as the character of the subject and surrounding property is rural, and it is located along a county road where lots and front setbacks are very large.
If City Council denies the waiver, the applicant must construct the sidewalk at the time of development on each lot. Alternatively, City Council may approve placing funds in escrow for future sidewalk construction. If escrow is approved, the applicant must meet the following City Code requirement:
Per Section 118-52 of the Platting Ordinance, the amount to be escrowed is to be an amount of the costs of “turnkey” design, construction, permits, reviews and approvals, inspection and any additional land acquisition, and an appropriate inflation factor to be determined by the City Engineer to ensure that the actual “future dollar” costs will be covered when actual bid pricing and construction occur in the future. Such amount shall be reviewed by the City Engineer, and shall be paid prior to the release of the construction plans by the City Engineer, or if there are no construction plans, prior to recording the plat.
ATTACHMENTS:
1. Aerial & Regional Transportation Plan
2. Application and Waiver Requests
3. Reduced Plat
4. Sidewalk Exhibit
5. Photograph of Subject Property
6. Draft Planning Commission Meeting Minutes
7. Sec. 118-11 Waiver
8. Sec. 118-49 Sidewalks