Presenter
Presenter
Christopher J. Looney, Director of Planning and Community Development
Contact Info
clooney@nbtexas.org
Subject Header
SUBJECT:
Title
Discuss and consider a waiver from the requirement to construct sidewalks along FM 1101 and internal to the proposed Mesquite Business Park Subdivision.
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BACKGROUND / RATIONALE:
Plat Information:
Case No.: PL-17-066
Council District: Outside the City Limits
Owner/Applicant: Mesquite Business Park, LLC (Roger Tuttle)
1661 S. Seguin Avenue
New Braunfels, TX 78130
(830) 606-4419
Surveyor: D A Mawyer Land Surveying (Drew Mawyer)
5151 W. SH 46
New Braunfels, TX 78132
(210) 325-0858
Staff Contact: Matt Greene Planner
(830) 221-4053
mgreene@nbtexas.org
Section 118-49 of New Braunfels’ Platting Ordinance requires the construction of a 6-foot wide sidewalk at the time of individual non-residential lot improvement, and at the time of subdivision construction adjacent to non-buildable lots. This is a requirement both inside the city limits and within the Extraterritorial Jurisdiction (ETJ).
The subject property is located in the ETJ approximately 1,000 feet north of Watson Lane on FM 1101. The proposed subdivision consists of 31.461 acres to be subdivided into 22 commercial/industrial lots and 2 drainage lots. All buildable lots are approximately 1 acre in size.
The applicant is requesting a waiver from the requirement to construct 6-foot wide public sidewalks along FM 1101 and along the internal streets. Sidewalks and sidewalk connectivity are important for mobility and community health. However, the Platting Ordinance authorizes waiver requests 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, and at the time of subdivision construction adjacent to non-buildable lots. City Council may also approve an escrow payment for the cost of sidewalk construction so that they may be installed at a future date.
The applicant maintains sidewalks are not necessary since this project is located in the ETJ with the intent to develop one acre office/warehouse lots where there will be no connectivity to any other development. He also points out that the nearest sidewalk is 3 miles away in the Quail Valley Subdivision located on the west side of IH 35 south of Conrads Road (see 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 and sidewalks are desired in the future, the cost may have to be paid by another entity or the taxpayer. If escrow is approved, the cost of construction would be covered by the escrow collected from the applicant.
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 Final Plat of the Mesquite Business Park Subdivision with Staff’s technical recommendations and applicant corrections,
• Approved a waiver request to not have to provide street projections to adjacent undeveloped properties,
• Recommended escrowing the required sidewalk adjacent to FM 1101, and
• Recommended approval of a waiver from the sidewalks required on the internal subdivision streets
The vote was unanimous (9-0).
STAFF RECOMMENDATION:
The subject property is presently within the ETJ without land use control and the ultimate land use of the area is unknown. The developer is also platting the adjacent southern portion of the parent tract into acreage lots for mobile homes. This is the first tract to develop within this predominantly rural area, but sidewalk connectivity between developments will become important as this area continues to develop. Therefore, staff recommends the applicant escrow the cost of construction of the required sidewalk adjacent to FM 1101; improvements will be made to FM 1101 in the near future and these escrowed dollars can pay for sidewalks as part of those improvements.
Staff recommends approval of the requested waiver from the requirement to construct internal sidewalks given there are no pedestrian destinations within the proposed development, nor will there be any street projections to adjacent development. Sidewalks within large industrial/warehouse developments on acreage lots are not common in many cities because, as indicated above, there are typically no pedestrian destinations within such developments and industrial/warehouse development attracts large commercial trucks presenting dangers to pedestrians.
If City Council denies the applicant’s requests, the applicant must construct the sidewalks at the time of development on each lot and at the time of subdivision construction adjacent to non-buildable lots. 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 and Floodplain Map
2. Application and Waiver Request
3. Reduced Plat
4. Sidewalk Exhibit
5. Photographs of Subject Property
6. Excerpt of the Planning Commission Meeting Minutes of July 5, 2016
7. Sec. 118-11 Waiver
8. Sec. 118-49 Sidewalks
9. Sec. 118-52 Escrow Policies and Procedures