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The applicant Guillermo Rodriguez is requesting a waiver from the minimum standards provided by Sec. 41-82 Rural Subdivision Standards. The standards in place allow development to occur within the City of Kyle’s ETJ and at the same time preserve the rural character typical outside of the city limits. These standards provide for uniformity that eases transition upon annexation into the City of Kyle and allows appropriate zoning to placed on said property. The minimum requirements of 130 feet of frontage and minimum lot size of 1 acre creates an allowance for most of the zoning districts codified in the City of Kyle Code of Ordinance, upon annexation.
Additionally, when property is platted inside the ETJ but outside our area to provide utilities (CCN), the above minimum requirements are required to be in place, to provide appropriate minimum acreage related to private water and waste water utilities. In the case of Re-subdivision of Lot 22-C of Sunrise Acres, both lots will meet the minimum width and acreage requirements for private utilities, but will not meet the minimum street frontage requirements (46.12’ vs 130’). This is due to existing adjacent properties utilizing the street frontage that would normally be used for a legally conforming lot.
When Lot 22-C was developed (March 2011), the City of Kyle’s ETJ already extended to the area it does currently. The City’s requirement regarding access, is at least one access point per lot. However, at that time two residences were on site, one prior to March of 2011 and one placed within that time frame. The general intent of Sec. 41-82 is to develop lots with single family residential criteria in mind, meaning one residence per lot. However, within Sec. 41-82, there is no actual requirement for only one residence per lot.
A shared access easement will also be in place to ensure access to Lot 22-C2 through Lot 22-C1. The shared access easement will not be a public road, due to the existing access not having the minimum 60 feet required for right-of-way. On a side note, also due to existing adjacent lots along Bebee Road, the spacing between existing driveways does not meet the requirement of 200 feet under Sec. 41-82(e)(3).
To help ensure existing development on the parcel is closer to compliance than it already is, the proposed subdivision has been submitted for your review. Staff asks that the Mayor & Council approve a waiver allowing the subdivision as proposed. |