PRESENTER: Presenter
Applicant: Miles Payne
Owner: Samantha Richards, Executor of the Estate of John William Turner
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SUBJECT: Title
SUP26-206 Public hearing and recommendation to City Council, requested by Miles Payne, on behalf of Samantha Richards, Executor of the Estate of John William Turner, to rezone approximately 2 acres out of the City Block 3022, from M-1 (Light Industrial District) to M-1 SUP (Light Industrial District with a Special Use Permit for one residence with an allowance for short term rental), currently addressed at 474 North Guenther Avenue.
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DEPARTMENT: Neighborhood and Community Planning
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COUNCIL DISTRICTS IMPACTED: 1
BACKGROUND INFORMATION:
Case No: SUP26-206
Applicant:
Miles Payne
(254) 913-3612
Owner:
Samantha Richard, Executor of the Estate of John William Turner
(830) 708-7774
Staff Contact:
Mary Lovell, AICP, CNU-A
(830) 221-4051| mlovell@newbraunfels.gov
The subject property consists of approximately two acres along the east side of North Guenther Avenue, approximately 150 feet east of the intersection of Guenther Avenue and the Union Pacific Railroad. The property is currently zoned M-1 (Light Industrial District). An equipment shed, approximately 1,800 square feet, is sited on the property.
The surrounding zoning includes M-1 (Light Industrial District) to the east and west, PD (Town Creek Planned Development District) to the north, and R-2 (Single-Family and Two-Family District) to the south. The Dry Comal Creek lies to the north and surrounding land uses include the railroad tracks to the south, undeveloped property to the east and a parking lot for the New Braunfels Smokehouse to the west.
A portion of the subject property is situated within the 100-year floodplain, which significantly reduces the applicant’s development options. The remainder of the property is within the 500-year floodplain, and this area is suitable for a smaller footprint development. The property is wooded with a substantial tree canopy that the applicant intends to preserve.
ISSUE:
The applicant is requesting a Special Use Permit (SUP) overlay to allow the construction of one single-family residence within the existing M-1 zoning district with an allowance for operation as a short-term rental. If approved, the short-term rental would be required to submit a short-term rental registration application, subject to annual fire inspections, insurance requirements, and payment of hotel occupancy taxes.
The applicant states that given the floodplain constraints on the property and the desire to keep the tree canopy on the property intact, a single-family residence with the allowance of a short-term rental is the best use of the property at this time.
Traffic Impact Analysis (TIA): Per adopted ordinance, if a TIA is required, it will be conducted at the future Building Permit stage, as applicable.
Drainage: Per adopted ordinance, if a drainage study is required, it will be conducted during future development review and permitting processes, as applicable.
COMPREHENSIVE PLAN REFERENCE:
The SUP overlay would be consistent with the following actions from Envision New Braunfels:
• Action 1.3: Encourage balanced and fiscally responsible land use patterns.
• Action 1.14: Ensure regulations do not unintentionally inhibit the provisions of a variety of flexible and innovative lodging options and attractions.
• Action 3.1: Plan for healthy jobs/housing balance.
• 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.
• Action 5.8 Encourage native vegetation and remove non-native invasive species in natural riparian and enhanced drainage areas.
Future Land Use Plan: The subject property is located within the New Braunfels Sub Area, near Existing Recreation, Civic, Market, and Employment Centers.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☐N/A
• Economic Mobility - Increase the number of new affordable housing units produced each fiscal year.
• Economic Mobility - Support Confluence, the New Braunfels Chamber of Commerce Economic Development Strategic Plan, by helping to ensure a community that supports the targeted industries and increases the diversity of job opportunities in the community.
FISCAL IMPACT:
The property owner’s request is in alignment with the following recommendations and strategies of the Land Use Fiscal Analysis:
• Focus development in areas with existing infrastructure to increase property tax revenue without significantly raising service costs.
• Provide a mix of uses and building types, heights, and sizes in a more walkable context to produce more value and fiscal productivity.
• Cultivate partnerships with stakeholders to support small-scale infill projects.
Recommendation
RECOMMENDATION:
Approval. The applicant’s request aligns with the actions and goals of the comprehensive plan, the Strategic Plan and the Land Use Fiscal Analysis. Approval of the SUP would provide a mechanism to allow one low-impact use in the underlying M-1 zoning. This approach preserves the City's long-term ability to support industrial or employment-related uses in the area should redevelopment occur in the future, while allowing the property owner reasonable use of the property in the near term, adding to the local lodging inventory without introducing additional intensity beyond what currently exists on the site.
If approved, staff recommends the following conditions and allowances:
1. Submit a registration application for short-term rental and meet all requirements set forth in Sec. 144-5.17, Short term rental or occupancy.
2. A maximum of one (1) single-family dwelling shall be permitted on the subject property. Construction of the dwelling must be in compliance with the development standards of the “R-1A-6.6” Single-Family District.
Code of Ordinances Sec. 144-2.1 Changes and Zoning Amendments:
(b) Considerations for approving or denying a zoning change. In making a determination regarding a requested zoning change, the planning commission and the city council shall consider the following factors:
(1) Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned, and their relationship to the general area and to the city as a whole;
(2) Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;
(3) How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved;
(4) Any other factors that will substantially affect the public health, safety, morals, or general welfare; and
(5) Whether the request is consistent with the comprehensive plan.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 19 properties within 200 feet of the request. As of the date this agenda was posted, one (1) response in opposition and two (2) responses in favor were received. A supermajority vote of City Council would not be required to approve the applicant’s request.
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. 3.6 (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>