PRESENTER: Presenter
Christopher J. Looney, AICP, Planning and Development Services Director
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SUBJECT: Title
Approval of the second and final reading of an ordinance regarding proposed amendments to the City’s Code of Ordinances: amending several sections in Chapter 144 Zoning, Subsection 2.1 Changes and Zoning Amendments, Subsection 2.3 Nonconforming Uses and Structures, Subsections 3.3 and 3.4 Zoning Districts regarding Accessory Dwelling Units, Subsection 4.2 Land Use Matrix, Subsection 5.21 General provisions and exceptions; use, height and area regulations, and various clarifications and terminology updates.
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DEPARTMENT: Planning & Development Services
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COUNCIL DISTRICTS IMPACTED: All
BACKGROUND INFORMATION:
The City Council held a public hearing on April 10, 2023 and unanimously approved the first reading of the ordinance (7-0-0).
This collection of proposed ordinance updates proposes modifications to the non-conformity standards of the zoning ordinance for residential uses within industrial zoning districts, clarifies ADU and accessory storage container requirements, and amends ordinance language to better align with state statutes.
New Braunfels has a history of using “cumulative” or “pyramidal” zoning districts, dating back to its first zoning ordinance in the 1940s. This means that uses allowed in the least intense residential district were also allowed in the multifamily district; everything allowed in multifamily was also allowed in the commercial districts; and everything allowed in the commercial districts was also allowed in industrial districts (all uses).
As the decades passed, development patterns began to be influenced by the automobile, allowing people to live farther from where they worked. Incompatibility issues were becoming more and more prominent, for example, noise or odors from factories and traffic from retail deteriorated livability in proximity.
To remedy these issues, many cities began adopting zoning districts that separated incompatible uses, eliminating the cumulative approach. However, New Braunfels did not follow suit. Instead, the city retained its cumulative zoning districts with limited buffer standards being added over the years.
Over time, much of New Braunfels’ industrial zoning districts were developed with a variety of uses, including many residential neighborhoods. In 2019, City Council began hearing concerns that with limited vacant industrial-zoned land left, economic development prospects were being impacted. It was understood that some companies had concerns about bringing jobs to New Braunfels due to existing residential or potential future new residential in proximity, resulting in complaints about noise, traffic, etc. Additionally, existing residences were beginning to note negative impacts from intense nearby commercial or industrial activity. Out of these compatibility concerns City Council amended the Industrial Zoning districts by removing residential as an allowed use.
ISSUE:
This action prevented any future vacant industrial-zoned tracts from developing into new residential neighborhoods, facilitating job creation. It also rendered pre-existing homes in industrial zoning districts nonconforming. This meant that the houses could continue to exist but could not be rebuilt if damaged or destroyed. To address this concern, City Council directed staff to rezone pre-existing residential properties, when requested by the property owner, at no cost to the homeowner. While several such cases have been processed over the last few years, staff recommends a broader approach to address all impacted homes more rapidly.
Additionally, if the homeowner wants to exercise their right to other uses allowed by the current industrial zoning, such as retail, service, office, warehousing or manufacturing, the setbacks required for these non-residential uses within the current industrial districts do not align with the setbacks of the existing residential structures. While the new LDO will address this with districts that align with the existing setbacks, requiring that citizens wait until the implementation of the LDO (which is over one year away) to resolve this need is not ideal.
Additionally, and separate from this issue, staff has made note of clarification needed regarding ordinance requirements, including:
• When recently modifying the Zoning Ordinance to allow kitchens in Accessory Dwelling Units (ADUs), several sections of the matrix of allowed uses also prohibit kitchens in ADUs and were inadvertently omitted from the previous revisions and would be removed with this amendment to better align with new ADU standards.
• Information stated in Subsection 5.21 regarding accessory storage containers does not accurately reflect information in Subsection 5.24 and would be clarified with this amendment.
• The wording in the New Braunfels Zoning Ordinance requiring a supermajority vote to approve a rezoning case when 20% of the owners of property within 200 feet are opposed is not precisely consistent with state statute. While state law always supersedes local ordinances, the wording has been updated to provide clarity for local property owners by precisely tracking the state statute language.
FISCAL IMPACT:
Limiting residential encroachment into or near industrial areas protects opportunities for economic development and job expansion, allows growth in the tax base, and protects property values for all. Further, limiting industrial impacts on neighborhoods protects residential property owners’ safety, property values, and enjoyment of their personal investments. Creating an opportunity for pre-existing homes to continue within these industrial districts more easily is a fair balance.
Recommendation
RECOMMENDATION:
Staff recommends approval
The Planning Commission held a public hearing on April 4, 2023, and unanimously recommended approval (8-0-0)