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 from C-1Br37 AH (General Business District with Restrictions, Airport Overlay) to C-1Br37 SUP AH (General Business District with Restrictions, Airport Overlay, with a Special Use Permit for an Assembly Hall/Area with Outside Music), 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, Senior Planner |
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(830) 221-4051 | mlovell@newbraunfels.gov |
The applicant is requesting Type 2 Special Use Permit (SUP) for an Assembly Hall/Area with Outside Music. The proposed use is an indoor and outdoor gathering area with two pickle bar courts, two food trucks, a bar and an outdoor stage area.
The subject property is 3.058 acres and is part of a larger undeveloped 7.02 acre parcel.
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 Assembly Hall/Area with Outside Music, consisting of a bar, two pickle ball courts, two mobile food units, and an outdoor stage on a 3.058 acre portion of the property. The remainder of the property is outside of the SUP area, approximately 4 acres. The current zoning allows for a bar, the SUP request would allow the assembly hall use with the outdoor music and activities as proposed.
The outdoor stage is proposed to be located interior to the property, no less than 95 feet from the southwestern property boundary. The rear of the stage is proposed to be located at least 200 feet from the nearest residence with the front of the stage to face away from the closest surrounding residential development. The applicant proposes the rear wall of the stage to be reinforced with sound reducing insulation. Staff recommends requiring sound insulation behind the stage to be a condition of approval.
The number of parking spaces designated for the proposed use of the property will be required to meet minimum standards that are set within the zoning code and are intended to be provided both on-site and off-site. All parking spaces will be required to be constructed prior to the issuance of a certificate of occupancy.
Future Land Use Plan: The subject property is located within the New Braunfels Sub-area, near existing employment and tourist centers, and is within a Future Market Center, where surrounding residents will be able to obtain daily goods and services.
The development of the remaining portion of the property with retail uses is expected in the future under the current zoning district. The retail uses could include offices, a bakery and farmers market that would all be consistent with a Future Market Center. The remaining property that is outside this Special Use Permit area, approximately 4 acres, is subject to the current zoning which requires uses that are consistent with a Future Market Center.
Action Items from Envision New Braunfels that support the requested use include:
• Action 1.5 Promote economic centers by ensuring adequate parking for people to visit businesses/restaurants/shops.
• Action 1.6 Incentivize infill development and redevelopment to take advantage of existing infrastructure.
• Action 3.6 Pro actively provide a regulatory environment that remains business and resident friendly.
• Action 3.21 Enhance local recreational venues.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Staff recommends approval subject to the following additional conditions:
1. Site development will be in general compliance with the proposed site plan.
2. Live outdoor music performances shall end at 11 p.m.
3. A 6-8 ft. fence, constructed with sound mitigation material, shall be constructed on the property along the length of the Special Use Permit area adjacent to Old FM 306 and the labeled 140.85-foot corner clip boundary at the intersection of Old FM 306 and Hunter Road.
4. Three (3) inch caliper trees (one 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 required fence and the right of way.
5. The rear wall of the stage will have no openings and be constructed to include sound reducing insulation.
6. All stage speakers to be installed to face downward and northeasterly to project sound only toward controlled gathering areas on the property to reduce sound emanating outside the development.
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>>