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Commission approves Enchanted Ridge replat amendment, vacates apparent setback ambiguity and grants temporary sidewalk waiver

3802588 · February 28, 2025
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Summary

The Planning and Zoning Commission approved a plat amendment for Enchanted Ridge Subdivision Unit 4 to resolve conflicting recorded setbacks and granted a temporary waiver to delay sidewalk construction until additional lots are developed.

Eagle Pass, Texas — The Planning and Zoning Commission voted Feb. 27 to approve a plat amendment and sidewalk waiver for Lot 1, Block 1 of Enchanted Ridge Subdivision Unit 4 after city staff and an attorney for the property owners described a recorded‑plat omission that left older 20‑foot setbacks technically in effect.

What the commission acted on: The replat and plat amendment correct a recorded inconsistency: the original Enchanted Ridge plat recorded 20‑foot setbacks; a subsequent replat in the records shows 10‑foot setbacks but — the applicants’ attorney told the commission — failed to state that the previous 20‑foot setbacks were vacated. The applicant’s representative, Ken Dirksen of Dirksen Engineering, said the intent of the replat was to reduce the setback to 10 feet and that buildings were constructed under that replat. An attorney for the property owners described the omission as a "Scrivener’s error" and asked the commission to ratify the replat so that the current 10‑foot setbacks are the effective restriction.

The commission also considered a sidewalk waiver request for three vacant lots fronting Veterans Boulevard. Staff recommended denying a permanent waiver and instead recommended requiring sidewalks when lots are developed; the applicant asked to delay the remaining sidewalks until the undeveloped parcels are built. Commissioners approved a conditional plat amendment (to clarify and ratify the replat) and granted a waiver to defer construction of sidewalks on the undeveloped lots until those lots are built.

Key details: The parcel discussed is about 6.642 acres and zoned B-1. The site is on North Veterans Boulevard between Cenizo Trail and Mariela Prefulco Street; the applicant/owner group was identified as KO Storage in meeting materials. Staff told the commission that some sidewalks already exist adjacent to the currently developed buildings, while three lots on the block do not have sidewalks and the developer proposes to build those when the additional storage buildings are constructed.

Why it matters: The amendment clarifies which recorded setbacks apply to existing buildings and future construction; resolving the recorded ambiguity removes a potential legal obstacle for the property owners and nearby developers. The sidewalk decision balances the city’s interest in completing sidewalks with the developer’s request to build sidewalks at the time of additional lot development.

Votes and conditions: The commission approved the plat amendment conditioned on staff verifying that the replat language effectively vacated the prior 20‑foot setbacks (staff review to confirm the intent recorded in the replat). The commission granted the sidewalk waiver to defer sidewalks until the vacant lots are developed. Vote recorded by voice as unanimous among commissioners present.

Next steps: Staff will review recorded replat language and advise whether further ministerial filings or clerical corrections are required before final recording.