Presenter
Presenter
Christopher J. Looney, Planning and Community Development Director
Contact Info
clooney@nbtexas.org
Subject Header
SUBJECT:
Title
Discuss and consider a waiver to allow the escrow of funds for sidewalk construction along Zipp Road associated with The Silos, Unit 3, Subdivision.
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BACKGROUND / RATIONALE:
Case #: PL-17-152
Council District: 2
Owner/Applicant: Milestone Crest Investments, Ltd.
Chesley Swann III
543 Busby
San Antonio, Texas 78209
(210) 541-1413
Engineer/
Representative: HMT Engineering & Surveying
410 N. Seguin Avenue
New Braunfels, TX 78130
(830) 625-8555
Staff Contact: Holly Mullins, Senior Planner
(830) 221-4054
hmullins@nbtexas.org
The Silos is a single-family residential subdivision under construction between Klein Road and W. Zipp Road along a future extension of Pahmeyer Road in the southern part of New Braunfels. A Master Plan for the subdivision was approved by the Planning Commission in 2015. Units 1 and 2 have been approved and are under construction. Unit 3 was reviewed by the Planning Commission at their January 9, 2018 meeting.
Unit 3 is adjacent to Zipp Road. Four-foot wide sidewalks will be constructed by the developer as required by the adopted ordinance along all internal streets in the subdivision. The applicant is requesting a waiver to allow the required sidewalks along Zipp Road to be escrowed.
Zipp Road currently makes three 90 degree turns (see Attachment 1). It is considered an inadequate street because the existing pavement width is less than 24 feet. Existing pavement varies in width from 10 to about 20 feet. The adopted Regional Transportation Plan calls for a Minor Collector extension to straighten the east-west portion of Zipp Road adjacent to The Silos subdivision.
Sidewalks installed along Zipp Road today will likely need to be removed and re-installed when street improvements occur in the future. Therefore, the applicant’s request would allow the City of New Braunfels to use the applicant’s escrowed funds for sidewalk construction along Zipp Road with the future road improvement project.
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 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.
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
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Yes |
City Plan/Council Priority: 2006 Comprehensive Plan Pros and Cons Based on Policies Plan |
Pros: Goal 25B-11: Ensure that pedestrian traffic is addressed as part of the platting process. By escrowing funds, the applicant intends to meet his obligation to address pedestrian mobility without constructing sidewalks that may need to be removed and reconstructed with a future street project. Cons: Goal 25B-6: Sidewalks should be provided for all new development, offset from the street whenever possible. If approved, sidewalks would be constructed at an undetermined future date, leaving time without safe pedestrian access. |
FISCAL IMPACT:
If this request is approved, the amount of escrow will be approved by the Public Works Department and submitted to the City prior to plat recordation in accordance with the adopted Platting Ordinance. Construction utilizing the escrowed funds must occur within the next 10 years, or the funds are to be returned to the applicant.
Recommendation
COMMITTEE RECOMMENDATION:
On January 9, 2018, the Planning Commission recommended approval of the applicant’s request (7-1-0) with Commissioner Tubb in opposition and Commissioner Elrod absent.
STAFF RECOMMENDATION:
Staff recommends approval of the applicant’s request to allow escrow of funds for future sidewalk construction along Zipp Road.
Attachments:
1. Aerial and Regional Transportation Plan Map
2. Application and Waiver Request
3. Plat
4. Draft Minutes from the Planning Commission Meeting of January 9, 2018.
5. Photographs of Zipp Road