Presenter/Contact
Presenter
Applicant: D. A. Mawyer Land Surveying, Inc.; Owner: Landmark Property Holdings
Contact Info
(830) 730-4449 - drewm@dam-tx.com
Subject Header
SUBJECT:
Title
REP20-178 Public hearing and consideration of the replat of Lot 2A-2, Block 1, Oakrun Commercial Reserve 2, Establishing Lots 2A2-1R, 2A2-2R and 2A2-3R, Block 1, Oakrun Commercial Reserve 2, with a waiver to allow lot without street frontage.
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Plat Information:
Case No.: REP20-178
Applicant: D. A. Mawyer Land Surveying, Inc.
Drew Mawyer
5151 SH 46 W
New Braunfels, TX 78132
(830) 730-4449 drewm@dam-tx.com
Owner: Landmark Property Holdings, LLC
Darren Bueche
451 Fallen Oak
New Braunfels, TX 78132
(830) 237-9648 darren@landmarksales.com
Staff Contact: Matt Greene
(830) 221-4053
mgreene@nbtexas.org
Description: Replatting a 4.496-acre commercial lot into 3 commercial lots
Waiver Request: To allow Lot 2A2-3R to have access via an Access Easement rather than have frontage on a public street
The subject property is comprised of 4.496 acres located on the north side of State Highway 46 West between FM 1863 and Oak Run Parkway across from Hunter’s Village and is zoned C-1B for the front 250 feet adjacent to SH 46 and C-1A on the remainder of the property. The applicant is proposing to replat the subject property, Lot 2A2, into 3 commercial lots.
Drainage:
The Public Works Department reviewed preliminary drainage with the Letter of Certification process as required by Section 118-51e of the Subdivision Platting Ordinance and in accordance with Chapter 143 Municipal Drainage Utility Systems and the Drainage and Erosion Control and Design Manual. Final project drainage will be reviewed with the building permits.
No portion of the subject property is within the 1% annual chance flood zone.
Utilities:
Water, sewer and electric services will be provided by New Braunfels Utilities (NBU). Utility easements are provided as required by NBU.
Transportation:
Regional Transportation Plan
The plat is in compliance with the City’s Regional Transportation Plan. State Highway 46 is designated as a Principal Arterial and the existing right-of-way width of 140 feet has been determined as adequate by City Council. No additional right-of-way will be dedicated with this final plat.
Access:
The applicant is requesting a waiver to Section 118-45b of the Platting Ordinance to allow Lot 2A2-3R to have access via the proposed Access Easement rather than have frontage on a public street as required.
Access to the property is limited to the one existing driveway approach per TXDOT’s Access Management Manual. All 3 lots are proposed to have access via the existing driveway approach and will share a 30-foot wide Access Easement. The access easement will provide Lot 2A2-3R access to a public street.
Staff is not opposed to the waiver request as there is no compelling need for lots in a commercial center with shared drives to have street frontage when there is an access easement to ensure perpetual access for maintenance and service of the properties. The waiver criteria are provided below in Commission Findings.
Commission Findings:
The Planning Commission can approve a waiver if it makes findings based upon the evidence presented to it by the applicant in each specific case 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.
Sidewalks:
There are existing 5-foot wide public sidewalks adjacent to State Highway 46 that were installed with the most recent State Highway 46 improvements.
Roadway Impact Fees:
The property is hereby assessed Roadway Impact Fees for Service Area 1 with the approval of this plat. Fees will be collected at the time of building permit as indicated in the then current fee schedule based on proposed use.
Parkland Dedication and Development:
Commercial development is exempt from parkland dedication and development fees. However, should residential units be constructed in the future, the owner must comply with the parkland dedication and development requirements at the time of building permit as stated in plat note number 14.
Staff Recommendation:
To meet the requirements of the Subdivision Platting Ordinance and other adopted codes, the applicant’s proposed final plat must comply with the conditions noted below. Staff recommends approval of the applicant’s proposed final plat and the waiver to allow Lot 2A2-3R to have access via the proposed Access Easement rather than have frontage on a public street as required, and with the following Conditions of Approval:
1. Revise the plat title by removing “…a vacate and..” (NBCO 118-34g.)
2. Revise plat note number 12 to indicate the purpose of the replat and read as follows: “The purpose of this replat is to establish 3 commercial lots”. (NBCO 118-34d.)
3. Add a “Block 1” label to the interior of the replat boundary. (NBCO 118-29(b)(6))
4. Revise the Planning Commission certificate of approval and acceptance block to conform with Section 118-30(d). (NBCO 118-30d.)
5. Remove the word “Proposed” from the Utility and Access Easements. (NBCO 118-29(b)(3))
6. Add note identifying the beneficiaries of the Access Easement (A.E.) and prohibition of obstructions within said easement. (NBCO 118-45(g)(2))
Approval Compliance:
Pursuant to state law, if the Planning Commission approves with conditions, to obtain approval of the final plat, the applicant must submit to the City a written response that satisfies each condition of approval prior to expiration of the final plat (Section 118-32(k)). In accordance with Chapter 212, Texas Local Government Code, the City will determine the final plat approved if the response adequately addresses each Condition of Approval.
Attachments:
1. Aerial Map
2. Waiver Request
3. Plat