Presenter
Presenter
Christopher J. Looney, Planning & Community Development Director
Contact Info
(830) 221-4055 - clooney@nbtexas.org
Subject Header
SUBJECT:
Title
Public hearing and consideration of the first reading of an ordinance regarding the proposed rezoning of approximately 6.44 acres, Lot 3, Richter Estates Subdivision, addressed at 2136 IH-35 North, from “APD” Agricultural/Pre-Development and “C-3” Commercial Districts to “C-1B” General Business District.
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BACKGROUND / RATIONALE:
Case No.: PZ-17-033
Council District: 5
Applicant: RBNT Investments, LLC
John Carroll, Owner
2136 IH-35 N
New Braunfels, TX 78130
(806) 420-4241
johncarroll7205@gmail.com
Staff Contact: Holly Mullins
(830) 221-4054
hmullins@nbtexas.org
The subject property consists of 6.442 acres with frontage on the east side of IH-35 North, just south of Buc-ee’s. The front 250 feet of the property was annexed in 1971 and is zoned “C-3” Commercial District. The remainder was annexed in 1998 and is zoned “APD” Agricultural/Pre-Development.
The property was occupied by a manufactured home park prior to annexation and the use has, therefore, been legally non-conforming (grandfathered). The applicant is proposing to convert the existing manufactured home park to an RV park, which necessitates the requested zoning change to “C-1B” General Business District.
General Information:
Size: Approximately 6.5 acres
Surrounding Zoning and Land Use:
North - C-3, M-1Ar69 / Manufactured home park; retail store with fuel sales
South - C-3, APD/ Manufactured home park; undeveloped
East - PD/ Undeveloped (proposed mixed use development)
West - Across IH-35, M-1A/ Modular home sales
Comprehensive Plan/ Future Land Use Designation: Commercial
Floodplain:
No portion of the property is within the 1% annual chance flood zone (100-year floodplain).
Regional Transportation Plan:
The lot has 30 feet of frontage on the IH-35 North frontage road, which serves as shared access to Lots 1, 2 and 3 Richter Estates.
Improvement(s):
Existing manufactured home park is proposed to be converted to an RV park.
Determination Factors:
In making a decision on zoning, the following factors are to be considered:
§ Whether the permitted uses will be appropriate in the immediate area, and their relationship to the area and to the City as a whole (The general business uses permitted in C-1B are appropriate for this immediate area. The applicant acknowledges development trends make the existing long term residential use of the property increasingly less desirable.);
§ Whether the change is in accord with any existing or proposed public schools, streets, water supply, sanitary sewers, and other utilities to the area (The proposed zoning should not conflict with existing and proposed schools, street, or utilities in the area.);
§ How other areas designated for similar development will be affected (The proposed zoning should not impact other areas designated for similar development.);
§ Any other factors that will substantially affect the public health, safety, morals, or general welfare (There should be no other factors that will substantially affect the public health, safety, morals, or general welfare. Any required drainage, access or utility issues will be addressed through the building permit process.); and
§ Whether the request is consistent with the Comprehensive Plan (C-1B zoning is consistent with the Future Land Use Plan designation of Commercial.)
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
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Yes |
City Plan/Council Priority: 2006 Comprehensive Plan Pros and Cons Based on Policies Plan |
Pros: Objective 1A: Evaluate proposed zone changes to maintain land use compatibility, as well as the integration of mixed land uses as a component of achieving better places to live. The proposed C-1B zoning is compatible with surrounding land uses and consistent with the Future Land Use Plan designation of commercial. |
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Cons: None |
FISCAL IMPACT:
N/A
Recommendation
COMMITTEE RECOMMENDATION:
The Planning Commission held a public hearing on September 12, 2017 and recommended approval of the requested rezoning. (7-0-0 with Commissioner Sonier absent)
STAFF RECOMMENDATION:
Staff recommends approval of the proposed rezoning, as it is consistent with the Future Land Use Plan designation of Commercial, existing surrounding development, and current market trends in the area.
Notification:
Public hearing notices were sent to owners of 4 properties within 200 feet of the request. The Planning Division received no responses in favor or in objection.
Attachments:
1. Aerial Map
2. Application
3. Land Use Maps (Zoning, Existing Land Use, Future Land Use Plan)
4. Notification Map
5. Sec. 3.4-13 C-1B
6. Photograph
7. Planning Commission Minutes
8. Ordinance