Manvel planning commission tables HJR Veil Center variance request amid right-of-way and drainage-easement questions

The Manvel Planning, Development & Zoning Commission on Sept. 8 voted to table a recommendation to City Council on a subdivision variance request from the developers of the HJR Veil Center, citing unresolved questions about a 1994 drainage easement and how required right-of-way dedication would affect the site.

Staff told commissioners it does not recommend waiving the required right-of-way dedication along the south boundary but would support allowing the developer to escrow funds for future street and sidewalk construction, subject to four conditions including an escrow amount set by the city engineer and a two-year expiration of the escrow if construction does not start.

Applicant Richard Rayner and representatives told the commission the site is constrained by an existing drainage easement recorded in 1994, the presence of a low‑use TxDOT access permit and extensive on-site detention needs that reduce usable land. Rayner said the development already has purchase agreements and letters of intent from commercial tenants and that without the variance “this development’s dead.” He offered an escrow for right‑of‑way work (the applicant described an amount in the packet and discussed $154,000 during the meeting) and said the project would produce significant new property-tax revenue.

Commissioners and staff pressed for documentation of the 1994 easement, clarity on exactly how much right-of-way the applicant already dedicated on the west side, and whether drainage conveyance could be accommodated inside a future public right-of-way. Staff said existing survey records are old and the location of the center line and remaining right-of-way varies across the site; staff also noted the possibility that adjoining property owners could face the same dedication requirement if the historic right-of-way remains in place.

Staff recommended against granting a full waiver of the right-of-way dedication but recommended approval of an escrow (scribe) fund for future construction with conditions: (1) escrow amount approved by the city engineer before plat approval; (2) a plat note specifying the right-of-way dedication and escrow arrangement; (3) a minimum building setback of 40 feet from the centerline of the gravel road along the southern side; and (4) automatic refund of escrow if construction does not begin within two years.

The applicant described site constraints in detail: roughly 3.66 acres, about 28.5% of the site used for stormwater detention, a triangular 1994 drainage easement near the southern boundary, and prior adjustments of a concrete/aggregate access road that ran on and off the applicant’s land in 2022–2024. Rayner said the detention pond work alone cost about $500,000 and projected post‑development property taxes in the city between about $130,000 and $170,000 annually (he called the $130,000 estimate “very, very conservative”).

After discussion, commissioners voted to table the item so staff and the applicant could provide further documentation and options. Staff said it will research the 1994 drainage-easement language, the TxDOT permit classification cited by the applicant, the feasibility of accommodating drainage within a public right-of-way, and whether the parcel south of Highway 6 is developable given drainage and existing railroad and utility easements. The item will return to the next PDNC meeting when staff and the applicant provide the requested materials.

"My name is Richard Rayner and this is Jake Baker," the applicant said during his presentation. He later warned, "If it's a no, this development's dead," arguing the project would not proceed without the variance.

Next steps: staff will gather easement documents, clarify survey center-line locations and right-of-way widths, confirm exactly what the TxDOT permit allows, and refine the proposed escrow amount and conditions for the commission's review at a future meeting.