PRESENTER: Presenter
Jean Drew, AICP, CNU-A, Planning & Development Services Assistant Director
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SUBJECT: Title
Discuss and consider the second and final reading of an ordinance regarding a proposed rezoning of approximately 8.4 acres out of the William Pate Survey, Abstract 259, from “APD” Agricultural/Pre-Development District to “ZH-A” Zero Lot Line Home District, currently addressed at 254 E. County Line Road.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 2
BACKGROUND INFORMATION:
Case #: PZ22-0554
Owner/Applicant: Pace Homes of Texas
Tyler Epstein
2719 Bay Laurel Ln.
Conroe, TX 77304
(936) 355-9655 | epstein.tyler@gmail.com
Staff Contact: Matthew Simmont
(830) 221-4058 | msimmont@newbraunfels.gov
City Council held a public hearing on February 27, 2023 and approved the first reading of the applicant’s requested rezoning ordinance (6-1).
The subject property is located on the south side of E. County Line Road approximately 1,100 feet east of SH 725 and surrounded on three sides by the Pecan Crossing Subdivision, a single-family neighborhood with small lot and zero lot line homes. The property is currently developed with one single-family residence with a large, detached garage and large, detached carport.
The applicant is requesting a zoning change from “APD” Agricultural / Predevelopment District to “ZH-A” Zero Lot Line Home District. A district comparison chart (attached) shows the proposed zoning will allow for the development of a residential subdivision.
Surrounding Zoning and Land Use:
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North |
Across E. County Line Rd., M-2 |
undeveloped |
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South |
Across Pecan Bluff, ZH-Ar79 & R-1A-6.6r79 |
single-family residences |
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East |
APD & R-1A-6.6r79 |
single-family residences |
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West |
R-1A-6.6r79 |
single-family residences |
ISSUE:
The current APD zoning district is intended for newly annexed areas, agricultural, farm and ranch uses, and for areas where development is premature because a lack of utilities, capacity, or service, or where ultimate use has not been determined.
The proposed ZH-A district is intended for development of detached single-family residences on minimum 4,000 square-foot lots. Homes in ZH-A can have minimum 5-foot side setbacks on both sides of each lot or may be zero-lot line (a.k.a. patio/garden homes) having one side building setback reduced to zero feet with a minimum 10-foot setback on the opposite side and accompanying maintenance easement for the neighbor. The side setbacks are set by the developer at time of subdivision platting.
The proposed rezoning is consistent with the following actions from Envision New Braunfels and the Workforce Housing Study:
• 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 3.13: Cultivate an environment where a healthy mix of different housing products at a range of sizes, affordability, densities, amenities and price points can be provided across the community as well as within individual developments.
Future Land Use Plan: The property lies within the Dunlap Sub Area in a Transitional Mixed-Use Corridor, near an existing Outdoor Recreation Center, and within a short drive to existing Market, Employment, and Civic Centers.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Staff recommends approval. The applicant’s rezoning would facilitate a single-family residential development which is consistent with the adjacent existing development, ongoing development in the area, and is supported by Envision New Braunfels (the community’s Comprehensive Plan).
The Planning Commission held a public hearing on February 7, 2023, and unanimously recommended approval (7-0-0).
Mailed notification pursuant to state statute:
Public hearing notices were sent to owners of 48 properties within 200 feet of the request. To date, the city has received twenty responses in opposition and two in favor. Opposition represents 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, Section 3.4-1. (Agricultural/Pre-Development 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>
• Chapter 144, Section 3.4-9. (Zero Lot Line Home 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>