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File #: 21-1450    Name:
Type: Ordinance Status: Passed
File created: 1/4/2022 In control: City Council
On agenda: 1/24/2022 Final action: 1/24/2022
Title: Approval of the second and final reading of an ordinance regarding the proposed rezoning of approximately 2.3 acres out of the Henry Foster Survey No. 34, Abstract No. 154, Comal County, Texas, addressed at 948 Broadway from "M-2" Heavy Industrial District to "R-1A-6.6" Single Family District.
Attachments: 1. Aerial Map, 2. Land Use Maps (Zoning, Existing and Future Land Use), 3. M-2 District and R-1A-6.6 District Comparison Table, 4. TIA Worksheet, 5. Photographs, 6. Notification List, Map and Responses, 7. Ordinance, 8. 8554aa18-c37d-4651-b46c-d4aa6457199e

PRESENTER: Presenter

Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director

 

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SUBJECT: Title

Approval of the second and final reading of an ordinance regarding the proposed rezoning of approximately 2.3 acres out of the Henry Foster Survey No. 34, Abstract No. 154, Comal County, Texas, addressed at 948 Broadway from “M-2” Heavy Industrial District to “R-1A-6.6” Single Family District.

 

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DEPARTMENT: Planning and Development Services

 

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COUNCIL DISTRICTS IMPACTED: Council District 5

 

 

BACKGROUND INFORMATION:

Case #:                                          PZ21-0382

 

Applicant:                     HMT Engineering & Surveying (Bill Ball, P.E.)

                                          290 S. Castell Avenue, Ste. 100

                                          New Braunfels, TX 78130

                                          (830) 625-8555                     plats@hmtnb.com

 

Owner:                                          Robert Culpepper

                                          948 Broadway St.

                                          New Braunfels, TX 78130

                                          (830) 743-3058                     culpepperplumbing@satx.rr.com

 

Staff Contact:                     Matt Greene

                                          (830) 221-4053                     mgreene@nbtexas.org

 

City Council held a public hearing on January 10, 2022 and unanimously approved the first reading of the ordinance for the applicant’s requested rezoning (7-0-0).

 

The subject property is located on the south side of Broadway between Rusk Street and Flushing. The property fronts Broadway, a 60-foot wide Collector, and abuts a 115-foot wide drainage channel at the rear of the property, just north of the Union Pacific Railroad tracks. The 2.3-acre property is currently developed with a single-family home constructed in 1920, and two accessory buildings. 

 

The applicant applied for a zoning change from “M-2” Heavy Industrial District to “MU-A” Low Intensity Mixed-Use District last year. That request was denied by City Council at the second reading of the ordinance in May, 2021. The owner is presently requesting R-1A-6.6 with the intention of recording a final plat of 4 lots for single-family residential use; the plat was approved in May. The existing “R-3” Multifamily zoning district across Broadway already allows the development of single-family residences with the same development standards of the applicant’s proposed “R-1A-6.6” Single Family District, such as minimum lot width, area, setbacks, etc.

 

Surrounding Zoning and Land Use:

North - Across Broadway, R-3, Multifamily / Single-family residences and agricultural use

South - M-2, Heavy Industrial / Drainage channel and Union Pacific Railroad track

East - M-2, Heavy Industrial / Single-family residence

West - M-2, Heavy Industrial / Single-family residence

 

ISSUE:

The proposed rezoning to R-1A-6.6 is consistent with the following actions from Envision New Braunfels:

                     Action 1.3: Encourage balanced and fiscally responsible land use patterns.

                     Action 1.6: Incentivize infill development and redevelopment to take advantage of existing infrastructure.

                     Action 2.1: Sustain community livability for all ages and economic backgrounds.

                     Action 3.15: Incentivize home development that is affordable and close to schools, jobs and transportation.

The property lies within the New Braunfels Sub Area near existing Employment, Market, Civic, Outdoor Recreation and Tourist/Entertainment Centers, and near a future Employment Center.

 

FISCAL IMPACT:

N/A

Recommendation

RECOMMENDATION:

Approval. The requested R-1A-6.6 zoning is consistent with the existing residential development along Broadway, is consistent with development standards for single-family residential across the street, and is supported by Envision New Braunfels.

 

The Planning Commission held a public hearing on December 7, 2021 and recommended approval (6-1-0, with Commissioner Tubb opposed, Chair Edwards and Commissioner Mathis absent).

 

Mailed Notification pursuant to state statute:

Public hearing notices were mailed to 11 owners of property within 200 feet of the subject property.  Staff has received 2 responses in favor from numbers 1 and 7 (with additional comments) and 1 opposed from number 3.

 

Resource Links:

Section 144-3.3-12 “M-2” Heavy Industrial District, of the City’s Code of Ordinances:

<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.3ZODIREPRZOPRJU221987>

Section 144-3.4-2 “R-1A-6.6” Single-Family District, of the City’s Code of Ordinances:

<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.4ZODIREPRZOSUJU221987>