PRESENTER: Presenter
Applicant: Joseph Reeves & Susan Reeves
Owner: Big Daisy Realty, LLC
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SUBJECT: Title
SUP23-303 Public hearing and recommendation to City Council to rezone 3.058 acres out of the A.P. Fuquay Survey No. 35, Abstract No. 155, Comal County, Texas from C-1Br37 AH (General Business District with Restrictions and Airport Overlay) to C-1Br37 AH (General Business District with Restrictions and Airport Overlay, with a Special Use Permit for an Event Center), located northwest of Hunter Road, between Old FM 306 and FM 306.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 4
BACKGROUND INFORMATION:
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Case No: |
SUP23-303 |
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Applicant: |
Joseph Reeves & Susan Reeves |
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458 Hobby Horse Road |
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Lockhart, Texas 78644 |
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(713) 823-0677 | jmichaelreeves@gmail.com |
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Authorized Representative: |
Keaton Lain |
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2111 IH-35 S, Suite 2110 |
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New Braunfels, Texas 78130 |
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(713) 632-4704 | keaton@woolseyconstruction.com |
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Owner: |
Big Daisy Realty, LLC |
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458 Hobby Horse Road |
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Lockhart, Texas 78644 |
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(713) 823-0677 | jmichaelreeves@gmail.com |
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Staff Contact: |
Mary Lovell |
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(830) 221-4051 | mlovell@newbraunfels.gov |
The applicant is requesting Type 2 Special Use Permit (SUP) for an Event Center from C-1Br37 AH (General Business District with Restrictions and Airport Overlay) to C-1Br37 AH (General Business District with Restrictions and Airport Overlay, with a Special Use Permit for an Event Center). The proposed Event Center is comprised of an outdoor stage with outdoor seating, a bar, two food trucks and two pickle ball courts.
The subject property is 3.058 acres and is part of a larger parcel that is approximately 7.02 acres. The subject property is undeveloped and unplatted. The applicant has indicated that the property will go through the platting process in the future to legally subdivide the property.
The property is bound by three roadways, FM 306 (Principal Arterial) on the east, Old FM 306 (Minor Collector) on the west, and Hunter Road (Minor Collector) on the south. The northern portion of the property is adjacent to the railroad.
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North |
R-2 |
Railroad and Comal Iron and Metals |
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South |
C-4A, C-1, R-3 |
Gruene Cottage Rentals and Convenience Store/Gas Station |
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East |
M-1 |
ROW, Open Space, Restaurant and Apartments |
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West |
R-1 and R-2 |
Single Family Residences |
ISSUE:
The applicant’s submittal indicates the purpose for the change in zoning is to allow for an Event Center, consisting of a bar, two pickle ball courts, two mobile food units, and an outdoor stage on a 3 acre portion of the property. The remainder of the property outside the SUP area, approximately 4 acres, will retain the current zoning. The current zoning was approved in 1996 allowing uses within the C-1A, Neighborhood Business District along with several additional commercial uses (Ordinance No. 1996-35).
The outdoor stage is proposed to be located approximately 107 feet from the southwestern property line and approximately 180 feet from the southern property line and over 200 feet from the nearest residence. The performance area of the outdoor stage is proposed to be enclosed on three sides with the opening pointing towards the southeastern corner of the property, away from residences.
The applicant has proposed that required parking for the Event Center share the parking for the remainder of the tract, which is not included in the SUP application. The applicant has plans to enter into an off-site parking agreement at the time of building if this Special Use Permit is approved.
Additionally, the Future Land Use Map shows a future medium-sized market center at this intersection. While the site plan submitted does indicate a retail market center for the remainder of this tract, this area is not included in the SUP, so this future use cannot be verified. Further, a market center would likely be open on weekends, and the timing of operating hours of these businesses may not support shared parking for an Event Center, which would also need parking on weekends.
At this time, there is no method to ensure that the proposed Event Center will be able to enter into an effective off-site parking agreement that would adequately serve the proposed use and have adequate parking capacity for adjacent development, as the area within the SUP is not adequate for the required parking for the proposed Event Center Use.
Future Land Use Plan: The subject property is located within the New Braunfels Sub-area, near existing employment and tourist centers, and, as previously stated is within a Future Market Center, where surrounding residents can go to get daily goods and services.
The applicant has expressed interest in developing the remaining portion of the property with retail uses that would be consistent with a Future Market Center, however, because the northern portion of the property is not part of the current Special Use Permit site plan application boundary area, the proposed uses cannot be verified as they would not be subject to staff review.
Action Items from Envision New Braunfels that support the requested use include:
• Action 1.6 Incentivize infill development and redevelopment to take advantage of existing infrastructure.
Action Items not supported by the requested use include:
• Action 3.3: Balance commercial centers with stable neighborhoods.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
The lack of adequate parking within the boundary of the SUP for the proposed use, and the lack of a shared parking agreement, compounded by the uncertainty of the development of the remainder of the site as a market center is also a concern for staff. All required parking for proposed uses within the area designated for the SUP should be shown on the site plan and included within the boundary of the SUP.
Staff is also concerned about the potential impacts on the adjacent single-family neighborhood stemming from traffic, parking, and noise.If approved, additional conditions to protect the adjacent residents should include:
1. Live outdoor music performances shall end at 11 p.m.
2. An earthen berm, no less than 10 feet above the ground elevation of the stage, is to be constructed on the property along the length of the SUP area adjacent to Old FM 306.
3. Three (3) inch caliper trees (1 tree per 40 linear feet) are to be planted along the length of the subject property that is adjacent to Old FM 306 between the earthen berm and the right of way.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 10 properties within 200 feet of the request. To date, the city has received no responses.
Resource Links:
• Chapter 144, Sec. 3.4-13 (C-1B) 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>
• Chapter 144, Sec. 3.6 (SUP) of the City’s Code of Ordinances: <<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.6SPUSPE>>