Land Use Question
Land Use Question
(OP)
I've come across an interesting land use question here in Texas, regarding TxDOT.
An existing commercial site is situated along a 2 lane state highway, design speed of 45 mph. It has an existing driveway onto the highway.
Adjacent to this commercial property is an undeveloped tract of land, which also has frontage along the same highway.
TxDOT requires that driveways be spaced a minimum of 300+ feet along a highway with this design speed. However, the entire frontage of the second property is within that 300' from the existing drive.
Should this rule preclude the second property from ever having a driveway? This would affectively land lock the owner of the second property.
The reason this issue comes up is because the first property wants to lease the land from the second property, and re-adjust the driveway location about 50' (putting it even closer to the second property).
The second property owner wants to lease the land to the first, however, does not want to do anything that might hurt him in the future for his own development.
An existing commercial site is situated along a 2 lane state highway, design speed of 45 mph. It has an existing driveway onto the highway.
Adjacent to this commercial property is an undeveloped tract of land, which also has frontage along the same highway.
TxDOT requires that driveways be spaced a minimum of 300+ feet along a highway with this design speed. However, the entire frontage of the second property is within that 300' from the existing drive.
Should this rule preclude the second property from ever having a driveway? This would affectively land lock the owner of the second property.
The reason this issue comes up is because the first property wants to lease the land from the second property, and re-adjust the driveway location about 50' (putting it even closer to the second property).
The second property owner wants to lease the land to the first, however, does not want to do anything that might hurt him in the future for his own development.





RE: Land Use Question
RE: Land Use Question
Geopave's advice (as always) is good advice--but I think you may want to avoid creating any additional easements/joint access/etc, if possible. Owners don't prefer such an arrangement.
G'luck
H.
RE: Land Use Question
RE: Land Use Question
RE: Land Use Question
Hope this helps. Dealing with DOTs is always interesting!