Presenter/Contact
Presenter
Applicant: Moeller & Associates (James Ingalls, P.E.); Owner: Sandra E. Self
Contact Info
Subject Header
SUBJECT:
Title
REP20-307 Public Hearing and consideration of the Self Subdivision, that includes a replat of Lot 1R, Schleicher Estates Subdivision, with a waiver to not extend an existing street.
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Plat Information:
Case #: REP20-307
Owner: Sandra E. Self
2919 Morningside Drive
New Braunfels, TX 78130
sandyss345@gmail.com
Applicant: James Ingalls, P.E.
Moeller & Associates
2021 SH 46W, Ste. 05
New Braunfels, TX 78132\
(830) 358-7127
jamesingalls@ma-tx.com
Case Manager: Matthew Simmont
(830) 221-4058
msimmont@nbtexas.org
Description: Replat to incorporate a portion of an existing lot into adjacent tract for conveyance and future development.
Waiver: To the required continuation of an existing street.
Background:
The subject property consists of one platted lot (5.7 acres) that is located at 2919 Morningside Drive and an additional approximately 10.7 acres of property in-between the Vista Hills and Fields of Morningside Subdivisions. The proposed 16.412-acre replat will adjust the boundary of the existing platted lot and allow for the sale, replat and development of the balance of the property.
The subject property is zoned R-1, R-1A-4 and R-1A-5.5, Single Family Zoning Districts. The replatting of property with single family zoning requires a public hearing for the replat.
Drainage:
The City’s Public Works Department reviewed project drainage with the approved letter of certification as required by Section 118-51.e of the Subdivision Platting Ordinance and in accordance with Chapter 143 Municipal Drainage Utility Systems, and the Drainage and Erosion Control and Design Manual (DECDM).
No portion of the property is located within the 1% annual chance floodplain.
Extension of Infrastructure:
Section 118-46(c) of the Platting Ordinance requires existing streets to be continued where necessary to the neighborhood pattern to allow for the progress of expected development. The plat is proposing to create one lot that does not provide for the completion of Vista Parkway. The developer is requesting a waiver to the required continuation of an existing street to allow for the desired partitioning and sale of the subject property. Once divided, the owner intends to transfer proposed Lot 2 that will be subsequently replatted and developed for small-lot residential use. Upon replatting of Lot 2, the Platting Ordinance requirements of Section 118-46(c) will be met.
Staff is not opposed to the waiver request as it is temporary and will facilitate the legal transfer of ownership and allow the subsequent single-family residential development that is consistent with the recently approved zoning change. Approval is recommended with the condition that no building permit is to be issued until such time that Lot 2 has been replatted to include the extension of public infrastructure as required by adopted City ordinances. 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.
Utilities:
Water and electric service are currently provided by New Braunfels Utilities (NBU) to Lot 1. Private onsite sanitary sewage facilities (OSSF) are also in place and servicing Lot 1. Water, wastewater and electric service will be required to be extended with the replat and development of Lot 2. All required public utilities are available to proposed lots within this subdivision. Utility easements are indicated on the plat as required by the utility provider.
Transportation:
Regional Transportation Plan:
The property has frontage along Morningside Drive which is designated as a Major Collector that requires a minimum right-of-way width of 90 feet. Additional right-of-way is being dedicated with this replat along Morningside Drive.
Hike and Bike Trail Plan:
This plat is in compliance with the City’s Hike and Bike Trails Plan and no right-of-way dedication or hike and bike trail construction is required as there are no proposed trails within or adjacent to this subdivision on the City’s Hike and Bike Trails Plan.
Sidewalks:
Sidewalks are being constructed with the Morningside Drive City Capital Improvements Project.
Roadway Impact Fees:
This subdivision is subject to Roadway Impact Fees and is hereby assessed the fees for Service Area 5 with the approval of this plat. The Impact Fees will be collected at the 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 City’s 2018 Parkland Dedication and Development Ordinance. The development will be required to pay parkland dedication and development prior to the development of Lot 2.
Notification:
Public hearing notices were sent to 2 owners of property within 200 feet of the request. The City has received no responses.
Staff Recommendation:
To meet the requirements of the City’s Subdivision Platting Ordinance and other adopted codes, the applicant’s final plat must comply with the conditions noted below. Staff recommends approval of the proposed replat with the waiver and the following Conditions of Approval:
1. No building permit is to be issued for proposed Lot 2 until it has been replatted to include the extension of public infrastructure. Revise Note 5 to reflect only one buildable lot (Lot 1) and that Lot 2 must be replatted to extend public infrastructure, including the roadway. (NBCO 118-46(c)).
2. Revise Note 6 to reflect only one buildable lot (NBCO 118-60).
3. Remove the linework showing the previous boundary of Lot 1R, Schleicher Estates from the replat (NBCO 118-21(c)).
4. Add a sidewalk note to the plat (NBCO 118-49(d)).
5. Add a purpose for replat statement (NBCO 118-34(k)).
6. Add a block number to the plat (NBCO 118-29(b)).
7. A final digital plat must be submitted when proceeding with recordation, format must be in: NBCO Sec. 118-21(c)
a. NAD 1983 State Plane Texas South Central FIPS 4204 (US Survey feet).
b. Grid scale.
c. All x-referenced files must not be in blocks.
d. Dwg format 2013 version or later.
Approval Compliance:
To obtain approval of the final plat, the applicant must submit to the City a revised final plat and a written response that satisfies each condition of approval prior to expiration of the plat (Sec. 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. Replat
3. Waiver Request
4. Notification List and Map