PRESENTER: Presenter
Applicant: CEC (Joe Nix)
Owner: Southstar at Mayfair, LLC (Thad Rutherford)
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SUBJECT: Title
WVR21-288 Discuss and consider a waiver request from Section 118-46(y) to allow intersection level of service to fall below level of service C within the impact area of the proposed Gatehouse Subdivision.
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DEPARTMENT: Planning and Development Services and Public Works
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COUNCIL DISTRICTS IMPACTED: Outside City Limits
BACKGROUND INFORMATION:
Applicant: CEC (Joe Nix)
11550 IH 10W, Suite 395
San Antonio, TX, 78230
(210) 641-9999 jnix@cectexas.com
Owner: Southstar at Mayfair, LLC (Thad Rutherford)
1110 Vintage Way
New Braunfels, TX 78132
(512) 923-9160 thad@southstarcommunities.com
Staff Contact: Garry Ford, Jr.
(830) 221-4020 gford@nbtexas.org
The subject property consists of approximately 73 acres located approximately 0.3 miles northeast of the intersection of Hunter Road and Conrads Lane. The applicant is intending to subdivide the property into 256 residential lots.
The scoping meeting for the traffic impact analysis (TIA) report for the proposed development was held virtually on Monday, February 8, 2021, with representatives from the City of New Braunfels, TxDOT, and CEC present. The trip generation method, background traffic growth rate, proposed peak periods, scenarios and years for analysis, and intersections for analysis within the development impact area were all discussed and agreed upon during this meeting. The minimum impact area of the proposed development defined by code is the site and area within one-quarter mile from the boundary of the site.
The TIA report was distributed to city staff for review on July 1, 2021, with mitigation measures listed as right and left turn lanes on FM 1102 at the new north and south public streets.
The TIA report stated that the intersections of FM 1102 and Conrads Lane and Hoffman Lane will operate at LOS F with development traffic with no mitigation measures and at LOS C with development traffic with traffic signals. The report also stated that the Hoffman Lane and Conrads Lane intersections would warrant a traffic signal based on 2021 traffic and projected 2023 traffic, respectively, without the development and the responsibility of signalizing the two intersections would be with the City of New Braunfels or TxDOT. Please note, the intersections are outside the city limits and the City of New Braunfels is not responsible for signalization.
The TIA report did not meet the city code requirements and the first set of comments were sent to the applicant on July 15, 2021 including the following:
Revise TIA Report to show that the proposed development includes mitigation measures to keep the level of service at C or above, or to keep the level of service at or above the pre-development condition if the level of service is below C without the proposed development. Reduction in development density will be necessary to achieve an acceptable level of service if mitigation isn’t feasible. Otherwise a waiver from Planning Commission will be required for the failing level of service (Sec. 118-46(y)(5)).
The second and latest version of the TIA report was received on July 26, 2021, with no changes to the proposed mitigation measures or analysis of additional mitigation measures to address level of service. The second set of comments were sent to the applicant on August 4, 2021. This set of comments included the previous comment regarding level of service with additional clarification that notable intersection approaches included WB Conrads Lane, EB Hoffmann Lane, WB South Street, and WB North Street.
Traffic Impact Analysis Mitigation:
The applicant is requesting a waiver from the intersection level of service requirements within the impact area of the proposed subdivision.
Intersection level of service (LOS) is a measure of capacity and operating conditions that is directly related to vehicle delay. LOS is given as a letter designation ranging from A to F, with LOS A representing very short delays and LOS F representing very long delays. LOS at stop-controlled intersections is calculated and reported individually by each approach, not by the LOS of the intersection as a whole. Section 118-46(y)(5) of the City of New Braunfels Code of Ordinances addresses LOS and mitigation measures for a TIA and states:
If the TIA's determination for roadways and intersections indicates that the proposed development would cause a reduction in the level of service for any roadway or intersection within the impact area that would cause the roadway to fall below the level of service C, the proposed development will be denied unless the developer agrees to one of the following conditions:
a. The deferral of building permits until the improvements necessary to upgrade the substandard facilities are constructed;
b. A reduction in the density or intensity of development;
c. The dedication or construction of facilities needed to achieve the level of service required herein; or
d. Escrow with the city an amount equivalent to the cost of the improvements necessary to mitigate the adverse traffic impact.
e. Execute a development agreement with the city in accordance with this chapter.
f. Any combination of techniques identified herein that would ensure that development will not occur unless the levels of service for all roadways and intersections within the traffic impact analysis study are adequate to accommodate the impacts of such development.
In addition to level of service, the installation of a traffic signal should be based on warrants that include vehicular and pedestrian volumes, crash experience, and other factors.
The proposed development exceeds the LOS requirements in the buildout (2026) conditions for the weekday evening peak period with the mitigation measures listed in the TIA report assumed to be implemented at multiple approaches within the impact area. The tables below summarize the delay at each approach that does not meet the LOS requirements both with and without the proposed development.
FM 1102 and North Street at WB North Street
|
Traffic with development and Mitigation |
|
Year |
Delay (sec/veh) |
Delay (min/veh) |
LOS |
|
2023 |
26.1 |
0.4 |
D |
|
2026 |
37.3 |
0.6 |
E |
FM 1102 and South Street at WB South Street
|
Traffic with development and Mitigation |
|
Year |
Delay (sec/veh) |
Delay (min/veh) |
LOS |
|
2025 |
25.5 |
0.4 |
D |
|
2026 |
31.3 |
0.5 |
D |
FM 1102 and Conrads Lane at WB Conrads Lane
|
Traffic without development |
Traffic with development and No Mitigation |
|
Year |
Delay (sec/veh) |
Delay (min/veh) |
LOS |
Delay (sec/veh) |
Delay (min/veh) |
LOS |
Delay % Increase |
|
2021 |
23.7 |
0.4 |
C |
-- |
-- |
-- |
-- |
|
2023 |
29.6 |
0.5 |
D |
34.4 |
0.6 |
D |
55% |
|
2026 |
47.3 |
0.8 |
E |
116.4 |
1.9 |
F |
146% |
FM 1102 and Hoffmann Lane at EB Hoffmann Lane
|
Traffic without development |
Traffic with development and No Mitigation |
|
Year |
Delay (sec/veh) |
Delay (min/veh) |
LOS |
Delay (sec/veh) |
Delay (min/veh) |
LOS |
Delay % Increase |
|
2021 |
39.4 |
0.7 |
E |
-- |
-- |
-- |
-- |
|
2023 |
59.5 |
1.0 |
F |
75.6 |
1.3 |
F |
27% |
|
2026 |
125.9 |
2.1 |
F |
268.7 |
4.5 |
F |
113% |
The applicant states that the traffic on FM 1102 is the cause for exceeding the LOS at the North and South street intersection approaches at the development; however, the traffic signal warrant analyses conducted as a part of the TIA report did not meet. The analysis of a traffic signal or other mitigation measures, such as roadway widening, were not evaluated to achieve LOS C at the new streets.
The applicant states that it is “not uncommon” for urban intersections to experience LOS D during peak traffic times. City code requires LOS C.
The applicant “surmises” that the high traffic on FM 1102 is due to the IH 35 construction and that it “may” significantly decrease. In general, traffic volumes in the region have increased due to significant growth and the return of normal traffic patterns. There may be a case for the IH 35 traffic but adjacent development alone was projected to increase volumes in FM 1102 by an additional 4,000 vehicles per day. Additional data and traffic counts are required to justify the claim. Additionally, the changes in traffic may impact the signal warrant analysis at Conrads Lane and Hoffman Lane.
The applicant states that the developer is willing to contribute a proportional share of the cost of the two future signals on FM 1102 at Conrads Lane and at Hoffmann Lane. Both of these intersections are outside of the New Braunfels city limits, so this cost sharing would need to be coordinated between and approved by TxDOT. Comal County does not cost participate in development projects and expects the developer to mitigate per city code. The applicant shall follow the procedures established in Section 118-13 to determine the costs that are roughly proportionate to the proposed development.
ISSUE:
The level of service for adjacent intersections the proposed Gatehouse Subdivision (Hunter Road 96 Acres) fall below level of service C or pre-development level of service/delay within the impact area of the proposed subdivision. Waiver criteria are provided below in Commission Findings.
Commission Findings:
The adopted Subdivision Platting Ordinance indicates the Planning Commission shall not approve/recommend approval of a waiver unless it makes findings based upon the evidence presented to it 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.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Staff recommends denial of the waiver and that the developer dedicate or construct the facilities needed to achieve the level of service or approval by TxDOT and Comal County. The applicant shall follow the procedures established in Section 118-13 to determine the costs that are roughly proportionate to the proposed development.