Print Back to Calendar Return
  5.C.       
Planning & Zoning Commission
Meeting Date: 12/14/2022  
Submitted By: Sam Haas, Planner

GENERAL INFORMATION:
Owner: Boeck Farm Co. LTD
Applicant: Paulino Paredes, Kimley-Horn and Associates, Inc.
ITEM SUMMARY:
The applicant is proposing to preliminary plat the subject property into 5 lots. The property is currently agricultural, and is proposed to be developed into an industrial-warehouse site. The applicant has requested a waiver to UDC Section 21.14.1.K and 21.14.1.P, for the requirement to improve substandard roadways adjacent to proposed subdivision plats.
GENERAL LOCATION AND SITE DESCRIPTION:
The subject property is generally located at the northwest corner of the intersection of Scenic Lake Drive and IH-10, approximately 200 feet to the east of 1604, and approximately 1,000 feet to the southeast of the Binz-Engleman and 1604 intersection located in San Antonio, Texas. Listed in Bexar County as Parcel ID: 619013, 619006, 619017. 
PUBLIC IMPROVEMENTS:
The applicant is seeking approval of a waiver regarding the requirement to improve the substandard roadways adjacent to the proposed subdivision plat. The Core5 development is located between Loop 1604 and Scenic Lake drive near IH-10. The subdivision plat shows dedications of right-of-way for a Proposed Secondary Arterial (a Binz-Engleman extension) and an extension Scenic Lake Drive which is a Commercial Collector.
  • UDC Section 21.14.1.K states that right-of-way dedication for any additional ROW shall meet the street width required where a proposed subdivision abuts and existing street. Further, the minimum dedication and construction cost shall be equal to one-half of the proposed street.
  • UDC Section 21.14.1.P states that for both Secondary Rural Arterials and Commercial Collectors, construction of 5 feet of sidewalk for one side and 10 feet of hike and bike trail on the other side of the street is required. 
Therefore, in this proposed subdivision, Core5 would be required to construct half-street improvements totaling 1,240 feet for the Proposed Secondary Rural Arterial, and half-street improvements for 1,630 feet for the Commercial Collector. 

The waiver request is to construct full street improvements for 675 feet for the Proposed Secondary Rural Arterial with a 1000 feet extension to the Binz-Engleman and 1604 intersection in the jurisdiction of San Antonio, TX, and full street improvements of the Commercial Collector that will be the Scenic Lake Drive extension for a total of 720 feet which will be a driveway entrance to Core5. 
STAFF ANALYSIS AND RECOMMENDATION:
Staff can not administratively waive the construction requirements of street improvements stated in UDC Section 21.14.1.K and UDC Section 21.14.1.P.

Based on the completeness of the proposed roadway section from the intersection of Loop 1604 and the Proposed Secondary Rural Arterial (including portions outside the Schertz city limits), staff has determined that the request to not construct a portion of roadways and sidewalks is reasonable and consistent with the complete streets goal on the proposed road. The full street section would provide greater transportation benefit than the required half.

Also, based on the completeness of the proposed roadway section at the intersection of IH-10 and Scenic Lake Drive staff has determined that the request to not construct a portion of roadways and sidewalks is reasonable and consistent with the complete streets goal on the proposed road. The full street section would provide greater transportation benefit than the required half.

Therefore, staff supports the applicant's request to not comply at the time of platting with the UDC requirements to construct a portion of roadways and sidewalks to the proposed subdivision. If the waiver was approved the Core5 subdivision will construct full street improvements for 675 feet for the Proposed Secondary Rural Arterial with a 1000 feet extension to the Binz-Engleman and 1604 intersection in the jurisdiction of San Antonio, TX, and full street improvements of the Commercial Collector that will be the Scenic Lake Drive extension for a total of 720 feet. 
Planning Department Recommendation  
X Approve as submitted
  Approve with conditions*
  Denial
* While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC.
COMMISSIONERS CRITERIA FOR CONSIDERATION:
Sec. 21.12.15. - Waivers

A. General. The Planning and Zoning Commission may authorize waivers from the provisions of this 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 the 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:
  1. That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area; and
  2. 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.
B. The Planning and Zoning Commission may establish a time period for execution of each granted waiver.

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 outlined above.
Attachments
Aerial Exhibit
Waiver Request
Engineering Memo
Plat Exhibit

AgendaQuick©2005 - 2024 Destiny Software Inc., All Rights Reserved