Presenter
Presenter
Christopher J. Looney, Director of Planning & Community Development
Contact Info
clooney@nbtexas.org
Subject Header
SUBJECT:
Title
Public hearing and consideration of the first reading of an ordinance regarding proposed amendments to the Code of Ordinances, Chapter 144, Zoning, Section 3.3-8, pertaining to the minimum rear setback in the “C-2” Central Business District.
Body
BACKGROUND / RATIONALE:
Case No.: CS-17-022
Council District: All
Applicant: City of New Braunfels
Staff Contact: Stacy A. M. Snell, Assistant Director
(830) 221-4051
ssnell@nbtexas.org
New Braunfels adopted a Zoning Ordinance in 1967 (Ord. 1967-012). At that time, the rear setback for properties in C-2 was “at least 15% of the depth of the lot, but such depth need not be more than 20 feet.” The rear setback changed to a standard 20 feet when the Zoning Ordinance was substantially updated in 2006 (Ord. 2006-099).
Minimum setbacks are a common requirement of modern zoning. The exact setbacks of individual zoning districts, however, are a reflection of an individual community’s values and vision for its future. The intent of minimum setbacks is typically to ensure light and air penetrate development, to provide various forms of access, and to create uniform rules for development. Central business districts are high density, mixed use commercial centers of cities that allow for higher intensity residential uses mixed with retail, service, cultural, recreational, entertainment, office, and hotel uses along with government and other similar uses intended to serve the community, downtown residents and surrounding area. The purpose of the C-2 district in New Braunfels is the same.
In the C-2 district with zero front and side setbacks, a rear setback of 20 feet appears to be a hold-over from the past and serves no purpose that is not addressed by the city’s various building codes. Therefore, staff proposes the elimination of the 20-foot rear setback for the central business districts (C-2) to allow for more creative use of the highly desirable properties. The residential setback requirement, when non-residential uses abut a single or two family use or zoning district and the non-residential property must abide by an increased setback, remains in effect.
The C-2 district covers all or portions of 459 properties over approximately 165 acres in Downtown New Braunfels, extending west along W. San Antonio Street to Live Oak Avenue and south along S. Seguin Avenue to the railroad viaduct. A section of Gruene, centered on the intersection of Gruene and Hunter Roads, is also zoned C-2 covering all or portions of 24 properties over approximately 16 acres. (Attachment 1)
Any building constructed prior to the adoption of the Zoning Ordinance and encroaching into the current rear setback of 20 feet is considered legally nonconforming (grandfathered). Additionally, city staff identified at least 13 variances to have been granted by the Zoning Board of Adjustment since 1967, for encroachment into the rear setback in the C-2 district. Two denials were found.
The proposed ordinance revision makes the following changes to Chapter 144, Zoning:
• Reduces the 20-foot rear setback in the C-2 district to 0 feet
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
|
|
Yes |
City Plan/Council Priority: 2006 Comprehensive Plan Pros and Cons Based on Policies Plan |
Pros: |
|
|
|
|
Goal 6: Refine or add zoning requirements to be compatible with the community's overall intentions and the best interests of the community as a whole. Objective A: Review existing zoning ordinance and subdivision regulations and make appropriate and timely recommendations. Goal 16: Update and streamline regulations to reduce regulatory complexity, to encourage both economic development and quality of life, and to control administrative and development costs. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Cons: |
|
|
|
|
None. |
FISCAL IMPACT:
N/A
Recommendation
COMMITTEE RECOMMENDATION:
The Planning Commission met on October 4, 2017 to conduct a public hearing and consider a recommendation to City Council.
STAFF RECOMMENDATION:
Staff recommends approval. The proposed change will facilitate development in Downtown and Gruene by eliminating unnecessary development restrictions and plan review steps.
Attachments:
1. C-2 district location map
2. Proposed Revisions to Existing Ordinance
3. Ordinance