New Braunfels Logo
File #: 22-1168    Name:
Type: Ordinance Status: Passed
File created: 9/2/2022 In control: City Council
On agenda: 9/26/2022 Final action: 9/26/2022
Title: Public hearing and first reading of an ordinance regarding a proposed rezoning of approximately 0.573 acres from "M-1" Light Industrial District to "R-2A" Single-Family and Two-Family District, in the Starlight Terrace Subdivision, Unit 1, Block 1, Lot 9A, addressed at 1039 Seidel Street.
Attachments: 1. City Maps, 2. Districts Comparison Chart, 3. TIA Determination Letter and Form, 4. Subject Property Photo, 5. Notification Map, List, and Responses, 6. PC Draft Minutes, 7. Draft Ordinance

PRESENTER: Presenter

Jean Drew, AICP, CNU-A, Planning & Development Services Director

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SUBJECT: Title

Public hearing and first reading of an ordinance regarding a proposed rezoning of approximately 0.573 acres from “M-1” Light Industrial District to “R-2A” Single-Family and Two-Family District, in the Starlight Terrace Subdivision, Unit 1, Block 1, Lot 9A, addressed at 1039 Seidel Street.

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DEPARTMENT: Planning and Development Services

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COUNCIL DISTRICTS IMPACTED: 1

 

BACKGROUND INFORMATION:

Case #:                                                               PZ22-0332

 

Owner/Applicant:                     Lyle and Laura Hansen

                                                               1039 Seidel Street

                                                               New Braunfels, TX 78130

                                                               (830) 730-0303 |  Hansen.nbtx@gmail.com

 

Staff Contact:                                          Laure Middleton

                                                               (830) 221-4054  |  Lmiddleton@newbraunfels.gov

 

The subject property is located one block south of N. Live Oak Avenue, adjacent to the HEB soccer fields in the Starlight Terrace Subdivision, platted in 1972, consisting of just over one-half acre. Many of the lots on Seidel Street are between one-quarter acre and one-half acre in size and are developed with single-family and two-family residences.

 

Surrounding Zoning and Land Use:

North - M-1 / two-family residential

South - M-1 / multifamily residential (manufactured home) neighborhood

East -  M-1 / public park (HEB Fields)

West - across Seidel Street, M-1 / two-family residential and multifamily residential (manufactured home) neighborhood

 

ISSUE:

The “M-1” Light Industrial District originally included residential as an allowed use until the ordinance was amended in 2019 to remove those uses. The effort was to preserve M-1 for industrial development and to protect residences from the negative impacts of industrial activity. As a result, neighborhood areas zoned M-1 with existing residential use became legally non-conforming. If the homes are destroyed by acts of nature, the homes would not be able to be replaced with the existing zoning. Additionally, eliminating industrial zoning protects the existing residential neighborhood from the potential of industrial development.

 

The proposed rezoning to “R-2A” Single-Family and Two-Family District is consistent with the following actions from Envision New Braunfels:

 

Action 1.3: Encourage balanced and fiscally responsible land use patterns.

Action 2.1: Sustain community livability for all ages and economic backgrounds.

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 subject property is located within the New Braunfels Sub Area, within a short drive or bicycle ride to the central city, Recreation, Civic, Market, and Employment Centers.

 

FISCAL IMPACT:

N/A

Recommendation

RECOMMENDATION:

Approval. The Starlight Terrace Subdivision, Unit 1 was platted in 1972, most of the homes on Seidel Street were built in the 1970s. Due to the neighborhood's historic use, the surrounding area's residential use, and the lot sizes of this subdivision, R-2A is an appropriate zoning district for Lot 9A on Seidel Street and would allow the home to be rebuilt if destroyed.

 

The Planning Commission held a public hearing on September 7, 2022, and unanimously recommended approval (9-0-0).

 

Mailed Notification pursuant to state statute:

Public hearing notices were mailed to 8 owners of property within 200 feet of the subject property.  To date, one response has been received in favor from property number 5, and one in opposition from property number 8 on the notification map.

 

Resource Links:

Chapter 144, Sec. 3.3-11 (M-1) 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. 3.4-3 (R-2A) 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>