PRESENTER: Presenter
Christopher J. Looney, AICP, Planning and Development Services Director
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SUBJECT: Title
Discuss and consider the approval of the second and final reading of an ordinance regarding the proposed rezoning of 0.13 acres in the Juan Martin de Veramendi Survey, Abstract No. 2, from R-2 (Single-Family and Two-Family District) to C-O (Commercial Office District), currently addressed as 175 Comal Avenue.
DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
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Case No: |
PZ23-0214 |
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Applicant/Owner: |
Casita on Comal, LLC Gina Motz 267 West Mill Street New Braunfels, Texas, 78130 (210) 275-9594 | chargin2018@gmail.com |
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Staff Contact: |
Caitlin Garrigus (830) 221-4087 | CGarrigus@Newbraunfels.gov |
On Monday, August 14, 2023, prior to City Council consideration of the rezoning request, the applicant amended the request from the initially proposed C-1A (Neighborhood Business District) to C-O (Commercial Office District), a less intense district within the pre-defined range of R-2 to C-1A. The City Council held a public hearing on Monday, August 14, 2023, and approved the first reading of the applicant’s requested rezoning ordinance (6-1-0).
The subject property is 0.13 of an acre on the northeast side of Comal Avenue, approximately 70 feet east of the intersection of Tolle Street and Comal Avenue, and 75 feet from Market Plaza Park. The applicant is requesting a change in zoning from R-2 (Single-Family and Two-Family District) to C-O (Commercial Office District).
Surrounding Zoning and Land Use:
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North |
R-2 |
Residential |
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South |
C-2 |
Commercial |
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East |
R-2 |
Residential |
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West |
R-2 & C-2 |
Residential & Commercial |
ISSUE:
The applicant’s submittal indicates the purpose for the change in zoning is to allow for a law office on the premises. The applicant has indicated the proposed office would be occupied Monday through Friday by five staff members and open only for appointments.
C-O at this location would be consistent with the following actions from Envision New Braunfels:
• Action 1.3 Encourage balanced and fiscally responsible land use patterns.
• Action 3.1 Plan for healthy jobs/ housing balance.
• Action 3.3 Balance commercial centers with stable neighborhoods.
• Action 3.17 Enact policies that disincentivize incompatible commercial encroachment into neighborhoods that whittle away at the edges, while still allowing for neighborhood-scale commercial within walking distance of homes.
Future Land Use Plan: The subject property is located within the New Braunfels Sub-Area and near existing education, employment, outdoor, and tourist centers.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
The subject property is surrounded by residential zoning on 3 sides, with commercial zoning to the front across the street. Residential buffer and parking requirements might be difficult for the property owner to meet due to the size and configuration of the lot within the block, depending on what is developed on the lot, its size and how it is designed. C-O allows other commercial uses besides office, so long term it could lead to a “creep” in commercial use within the neighborhood and residential block. On the other hand, other commercial uses can be presently seen in the vicinity, and there is intense commercial zoning (C-2) across the street. The small size of the lot will also limit the intensity of commercial that could ultimately be built, which can help maintain the integrity of the edge of this inner-city neighborhood.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 18 properties within 200 feet of the request. To date, the city has responses representing 21% in opposition.
Opposition represents more than 20% of the notification area. Pursuant to state statute, a ¾ majority of City Council (6 votes) will be required to approve the applicant’s request unless that opposition changes.
Resource Links:
• Chapter 144, Sec. 3.3-2 (“R-2” Single-Family and Two-Family District) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.3ZODIREPRZOPRJU221987>
• Chapter 144, Sec. 3.4-17 (“C-O” Commercial Office 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>