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File #: 19-723    Name:
Type: Plat Status: Individual Item Ready
File created: 9/13/2019 In control: Planning Commission
On agenda: 10/2/2019 Final action:
Title: Discuss and consider the preliminary plat for Cloud Country Subdivision, Unit 6, with a waiver request. PP19-0262 Waiver request: To not construct sidewalks along Conrads Lane
Attachments: 1. Aerial Map, 2. Cloud Country Unit 6 Plat, 3. Waiver Request, 4. Photos
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Presenter/Contact

Presenter

Applicant: HMT Engineering & Surveying; Owner: Milestone Conrads Development

Contact Info

 (830) 625-8555 - plats@hmtnb.com

 

Subject Header

SUBJECT:

Title

Discuss and consider the preliminary plat for Cloud Country Subdivision, Unit 6, with a waiver request. PP19-0262

                     Waiver request: To not construct sidewalks along Conrads Lane

 

Body

Plat Information:

Owners:                                          Milestone Conrads Development (Chesley Swann III)

                                                               P.O. Box 6862

                                                               San Antonio, TX 78209

                                                               (210) 771-9072

cis@me.com

 

Engineer:                                          HMT Engineering & Surveying (Chris Van Heerde, P.E.)

                                                               290 S. Castell Ave. Ste. 100

                                                               New Braunfels, TX 78130

                                                               (830) 625-8555

plats@hmtnb.com

 

Case Manager:                     Holly Mullins

                                                               (830) 221-4054

                                                               hmullins@nbtexas.org

 

Description:                                          64 residential lots on 17.70 acres

 

Waiver:                                          To not construct sidewalks along Conrads Lane

 

Background:

The subject property is located on Conrads Lane, between FM 1102 (Hunter Road) and Goodwin Lane, and is zoned R-1A6.6 Single-family District. A subdivision master plan was approved in 2006 and revised in 2013. Several units have been constructed.

 

The preliminary plat for Unit 6 indicates 64 buildable residential lots and three drainage lots to be owned and maintained by the homeowners association. This plat proposes some revisions to street and lot layout from the approved master plan. The applicant will submit a revised master plan for review and approval prior to final plat submission.

 

Drainage:

The Public Works Department reviewed the preliminary drainage report as required by Section 118-51e of the Platting Ordinance in accordance with the requirements of Chapter 143 Municipal Drainage Utility Systems, and the Drainage and Erosion Control and Design Manual. Detailed drainage review will occur with construction plans prior to final plat submission. No portion of the subject property is within the 100-year floodplain.

 

Utilities:

Electric, water and wastewater services will be provided by New Braunfels Utilities. Utility Easements have been provided as requested. Utility service is existing for the subdivision and no main line extension is required.

 

Transportation:

Regional Transportation Plan:

The plat is in compliance with the Regional Transportation Plan. The existing right-of-way width on Conrads Lane varies and is approximately 47 feet at this location. An additional  ten feet of right-of-way is indicated on the preliminary plat. Right-of-way for Conrads Lane will be dedicated with the final plat.

 

Hike and Bike:

The applicant is not proposing any trails and there are no trails identified on the City’s Hike and Bike Trails Plan within or adjacent to the subject site. Therefore, the proposed plat is in compliance with the Plan.

 

Sidewalks:

Four-foot wide sidewalks will be constructed by the developer or home builder along all internal streets within the subdivision. The applicant is requesting a waiver from the requirement to construct a sidewalk along Conrads Lane stating there are no curbs or sidewalks along Conrads Lane, and sidewalk construction was not required with previous units of Cloud Country.

 

Staff researched previous master plan and plat approvals for Cloud Country and found no evidence of sidewalk waivers or other approvals for no sidewalks along Conrads Lane. At the time the master plan was approved in 2006, Conrads Lane was the location for part of the proposed outer loop which was removed from the Transportation Plan.

 

Sidewalk connectivity is important for mobility as well as for community health. It is a widely desired public infrastructure need noted by our citizenry during the Envision New Braunfels public engagement process. Where not built by developers as part of new development, the pedestrian network is limited and future sidewalk installation tends to be at taxpayer expense.

 

In cases where City street improvement projects are anticipated within the next ten years, an escrow of funds for sidewalk construction by the developer is an option. However, there are no plans or funding for public improvements to this portion of Conrads Lane within the next 10 years.

 

Roadway Impact Fees:

The subject property will be assessed Roadway Impact Fees for Service Area 3 with approval of the final plat. The Impact Fees will be collected at time of building permit as indicated in the then current fee schedule for the intended use.

 

Parkland Dedication and Development:

This subdivision is subject to the 2006 Parkland Dedication and Development Ordinance. Dedication and development requirements have been met for 546 residential lots approved with the master plan. If the total number of residential lots ultimately exceeds 546, the developer will comply with the ordinance for each additional dwelling unit by payment of in-lieu fees.

 

Commission Findings:

The Platting Ordinance authorizes waivers to be granted when an undue hardship will result from strict compliance with 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.

 

Staff Recommendation:

Staff recommends approval of the applicant’s proposed preliminary plat, without a waiver from the sidewalk requirement along Conrads Lane, and with the following conditions to meet the City’s Platting Ordinance and other adopted codes.

1.                     If sidewalk waiver is not approved, revise Note 12 to state sidewalk will be constructed along Conrads Lane by the developer at time of subdivision construction. If waiver is approved, revise Note to reference waiver approval date and remove escrow.

2.                     Add Twin Dish Way to Note 11A and remove Nimbus Path.

3.                     Add the following to Note 10: Both sides of Nimbus Path.

4.                     Submit a revised master plan incorporating the proposed street and lot layout for approval prior to submitting a final plat for Unit 6.

 

Attachments:

1.                     Aerial Map

2.                     Reduced Plat (full size plat provided in packet)

3.                     Waiver Request

4.                     Photographs