The agent James Ingalls 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 on site waste water utilities. In the case of this request, both subdivisions will not meet the minimum width and acreage requirements for private utilities, and will not meet the standard 60-foot ROW required by the City of Kyle.
Working with the State of Texas (TCEQ), Hays County, and the City of Kyle, the developer has proven that their project is a viable subdivision, even if it doesn’t meet the minimum standards that the City has in place. The developer has received approval from TCEQ allowing for a private waste water plant within the Windy Hill Utility District (MUD). The required minimum lot size of 1 acre and 130 feet at the street width is in place to comply with older generation septic systems. With the private plant, the planned lots can be smaller than the minimum requirements, if approved by City Council.
Secondly, the minimum planned right-of-way is 50 feet, not the required minimum of 60 feet. The reason the City of Kyle requires 60 feet, is to allow space for wet utilities in the outer edge of the ROW and not buried under the street. Most municipalities in the area allow 50 feet of ROW, because the wet utilities are buried under the streets and not in yard areas. Water services will be provided by Goforth Special Utility District and waste water from the recently created Windy Hill Utility District. These districts are not part of the City of Kyle and do not have the 60-foot requirement. Additionally, the developer wants the right-of-way to match the existing Shadow Creek right-of-way, that will be tied together.
Last, emergency service’s life safety code requires more than 30 homes in a subdivision to have at least 2 entrances for evacuation purposes. The project will have an emergency services access route connecting both sections of the subdivision, ensuring compliance.
To ensure that the development is a legally conforming project, the proposed subdivision has been submitted for your review. Staff asks that the Mayor & Council approve a waiver allowing the subdivision as proposed. |