| PLANNING AND ZONING COMMISSION MEETING: 09/13/2023 Agenda Item 6 A |
| TO: | Planning and Zoning Commission |
| PREPARED BY: | Daisy Marquez, Senior Planner |
| CASE: | PLFP20230209 Waiver |
| SUBJECT: | PLFP20230209 WAIVER- Consider and act upon a request for a waiver to the Unified Development Code Section 21.14.1. Streets subsection K Half Streets and Adjacent Streets, in order to not construct the 2,800 feet of the adjacent David Lack Boulevard in accordance with the Master Thoroughfare Plan for the IDV Schertz Subdivision, approximately 119 acres of land, known as 22867 IH 35, Schertz, Comal County, Texas, also known as Comal County Parcel ID 75290. |
GENERAL INFORMATION:
Owner: IDV-BP Schertz, LLC.
Applicant: Tyler Kozma/ Pape-Dawson Engineers, Inc.
Applicant: Tyler Kozma/ Pape-Dawson Engineers, Inc.
ITEM SUMMARY:
The applicant is proposing to final plat approximately 119 acres of land in order to establish one (1) buildable lot for industrial use. The applicant is seeking approval of a waiver to the requirements in Unified Development Code Section 21.14.1.K: Half Streets or Adjacent Streets.
GENERAL LOCATION AND SITE DESCRIPTION:
The property is currently undeveloped and is located approximately 2,150 feet northwest of the intersection of IH 35 and Hubertus Road. The subject property is more specifically known as 22867 IH 35, Schertz, Comal County, Texas, also known as Comal County Parcel ID 75290.
PUBLIC IMPROVEMENTS:
The applicant is seeking approval of the waiver to Unified Development Code Section 21.14.1K, which would require the proposed subdivision to build one-half of any planned street from the Master Thoroughfare Plan abutting the subject property. The subdivision plat demonstrates dedications of right-of-way for the planned Commercial Collector (David Lack Boulevard extension), which requires a total planned 70-feet of right-of-way.
Unified Development Code Section 21.14.1.K states that right-of-way dedication for any additional right-of-way shall meet the street width required where a proposed subdivision abuts an existing street. Additionally, the minimum dedication and construction cost shall be equal to one-half of the proposed street.
Therefore, in this proposed subdivision, IDV-BP would be required to construct one-half of the approximately 2,800 feet of the proposed Commercial Connector, also known as the East and West Connector, and more specifically known as the David Lack Boulevard extension of the Master Thoroughfare Plan.
Based on the requirements of the Unified Development Code, not conforming to Section 21.14.1. K, a waiver is required to be granted by the Planning and Zoning Commission as detailed in the Unified Development Code Section 21.12.5: Waivers.
Unified Development Code Section 21.14.1.K states that right-of-way dedication for any additional right-of-way shall meet the street width required where a proposed subdivision abuts an existing street. Additionally, the minimum dedication and construction cost shall be equal to one-half of the proposed street.
Therefore, in this proposed subdivision, IDV-BP would be required to construct one-half of the approximately 2,800 feet of the proposed Commercial Connector, also known as the East and West Connector, and more specifically known as the David Lack Boulevard extension of the Master Thoroughfare Plan.
Based on the requirements of the Unified Development Code, not conforming to Section 21.14.1. K, a waiver is required to be granted by the Planning and Zoning Commission as detailed in the Unified Development Code Section 21.12.5: Waivers.
STAFF ANALYSIS AND RECOMMENDATION:
Staff cannot administratively waive the construction requirements of street improvements stated in Unified Development Code Section 21.14.1.K.
Unified Development Code Article 14: Transportation, Section 21.14.1.K Streets, Half Streets & Adjacent Streets requires new subdivisions to build one-half of the proposed Master Thoroughfare Plan streets and Comprehensive Plan streets. The current Master Thoroughfare Plan identifies an East & West Connector, also known as the future extension of David Lack Boulevard, along the northern portion of the proposed IDV Subdivision Final Plat.
During the recent legislative session, Texas House Bill 3699 Section 12, amended Section 212.010, Local Government Code to not allow municipal authorities responsible for approving plats, to require dedication of land within a subdivision for a future street or alley that is not intended by the owner of tract or not included, funded, or approved in a Capital Improvement Plan. This legislative changes went into effect September 1, 2023, thus making Unified Development Code Section 21.14.1.K not compliant with the new Local Government Code changes. While Staff works on amending the Unified Development Code for state compliance, a waiver is still required for UDC Section 21.14.1.K for approval of the proposed IDV Subdivision Final Plat before UDC amendments can be made.
Although the applicant is no longer building or committing the construction costs for the future construction of David Lack Boulevard, the applicant is still granting the city the right-of-way for the proposed David Lack Boulevard Extension.
If approved, the applicant will not be required to build their required one-half of street adjacent to the proposed subdivision from the Master Thoroughfare Plan, nor commit the construction costs in the form of escrow as required by Unified Development Code Section 21.14.1 K.
Due to legislative changes, and the dedication of right-of-way, Staff recommends approval of this waiver request.
* While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC.
Unified Development Code Article 14: Transportation, Section 21.14.1.K Streets, Half Streets & Adjacent Streets requires new subdivisions to build one-half of the proposed Master Thoroughfare Plan streets and Comprehensive Plan streets. The current Master Thoroughfare Plan identifies an East & West Connector, also known as the future extension of David Lack Boulevard, along the northern portion of the proposed IDV Subdivision Final Plat.
During the recent legislative session, Texas House Bill 3699 Section 12, amended Section 212.010, Local Government Code to not allow municipal authorities responsible for approving plats, to require dedication of land within a subdivision for a future street or alley that is not intended by the owner of tract or not included, funded, or approved in a Capital Improvement Plan. This legislative changes went into effect September 1, 2023, thus making Unified Development Code Section 21.14.1.K not compliant with the new Local Government Code changes. While Staff works on amending the Unified Development Code for state compliance, a waiver is still required for UDC Section 21.14.1.K for approval of the proposed IDV Subdivision Final Plat before UDC amendments can be made.
Although the applicant is no longer building or committing the construction costs for the future construction of David Lack Boulevard, the applicant is still granting the city the right-of-way for the proposed David Lack Boulevard Extension.
If approved, the applicant will not be required to build their required one-half of street adjacent to the proposed subdivision from the Master Thoroughfare Plan, nor commit the construction costs in the form of escrow as required by Unified Development Code Section 21.14.1 K.
Due to legislative changes, and the dedication of right-of-way, Staff recommends approval of this waiver request.
| Planning Department Recommendation | |
| X | Approve as submitted |
| Approve with conditions* | |
| Denial |
COMMISSIONERS CRITERIA FOR CONSIDERATION:
Section 21.12.15.- Waivers
A. General. The Planning and Zoning Commission may authorize waivers from the provisions of the Article when, in its opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the Planning and Zoning Commission shall prescribe only conditions that it deems necessary or desirable to the public interest. In making their findings, the Planning and Zoning Commission shall take into account the nature of the proposed use of land involved and existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such waivers upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. Waivers shall not be granted unless the Planning and Zoning Commission finds:
C. Such findings together with the specific facts on which such findings are based shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such exception is granted.
D. Planning and Zoning Commission shall not authorize a waiver that would constitute a violation of a valid law, ordinance, code or regulation of the City.
E. Any decision of the Planning and Zoning Commission regarding waivers to the provisions of this Article may be appealed to the City Council. When considering an appeal, the City Council shall consider the same standards as the Planning and Zoning Commission as outline above.
A. General. The Planning and Zoning Commission may authorize waivers from the provisions of the Article when, in its opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the Planning and Zoning Commission shall prescribe only conditions that it deems necessary or desirable to the public interest. In making their findings, the Planning and Zoning Commission shall take into account the nature of the proposed use of land involved and existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such waivers upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. Waivers shall not be granted unless the Planning and Zoning Commission finds:
- That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to the other property in the area; and
- That the granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this UDC. Such findings of the Planning and Zoning Commission, together with the specified facts upon which such findings are based, shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such waiver is granted. Waivers may be granted only when in harmony with the general purpose and intent of this UDC so that the public health, safety, and welfare may be secured and justice done.
C. Such findings together with the specific facts on which such findings are based shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such exception is granted.
D. Planning and Zoning Commission shall not authorize a waiver that would constitute a violation of a valid law, ordinance, code or regulation of the City.
E. Any decision of the Planning and Zoning Commission regarding waivers to the provisions of this Article may be appealed to the City Council. When considering an appeal, the City Council shall consider the same standards as the Planning and Zoning Commission as outline above.