New Braunfels Logo
File #: 23-1472    Name:
Type: Ordinance Status: Consent Item Ready
File created: 10/24/2023 In control: City Council
On agenda: 11/13/2023 Final action:
Title: Approval of the second and final reading of an ordinance to rezone 0.255 acres out of Walnut Hills Subdivision, Lot 1, from R-2 (Single-Family and Two-Family District) to C-1A (Neighborhood Business District), currently addressed at 1417 North Walnut Avenue.
Attachments: 1. City Maps, 2. Districts Comparison Table, 3. TIA Determination Letter & Form, 4. Subject Property Photos, 5. Notification Map, List, & Responses, 6. PC Draft Minutes, 7. Ordinance

PRESENTER: Presenter

Matthew Simmont, AICP, Planning Manager

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SUBJECT: Title

Approval of the second and final reading of an ordinance to rezone 0.255 acres out of Walnut Hills Subdivision, Lot 1, from R-2 (Single-Family and Two-Family District) to C-1A (Neighborhood Business District), currently addressed at 1417 North Walnut Avenue.

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DEPARTMENT: Planning and Development Services

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COUNCIL DISTRICTS IMPACTED: 3

 

BACKGROUND INFORMATION:

Case No:

PZ23-0336

 

 

Applicant/Owner:

Xiaohuan Huang

 

5740 Copper Vista

 

New Braunfels, TX 78132

 

(210) 941-9252 | xiaohuanhuang@yahoo.com

 

 

Staff Contact:

Amanda Mushinski

 

(830) 221-4056 | amushinski@newbraunfels.gov

 

The City Council held a public hearing on October 23, 2023, and unanimously approved the first reading of the ordinance (7-0-0).

 

The subject property is 0.225 acres in size, located on the southwest side of N Walnut Ave, approximately 716 feet southeast of the intersection of Kerlick Ln and N Walnut Ave, and approximately 1/3 of a mile southeast of N Walnut Ave and Loop 337.

 

The applicant is requesting a change in zoning from R-2 (Single-Family and Two-Family District) to C-1A (Neighborhood Business District).

 

Surrounding Zoning and Land Use:

North

Across Walnut Ave: R-2

Commercial Property and Single-Family Residences

South

R-2

Single-Family Residence

East

R-2

Single-Family Residence

West

C-1A

Vacant Land

 

ISSUE:

The applicant’s submittal indicates the purpose of the change in zoning is to allow for office space and a beauty/nail salon.

 

C-1A (Neighborhood Business District) would be consistent with the following actions from Envision New Braunfels:

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

                     Action 3.3: Balance commercial centers with stable neighborhoods.

 

Future Land Use Plan: The subject property is located within the New Braunfels Sub-Area, within the Transitional Mixed-Use Corridor, near existing Civic, Education, Employment, Market, and Outdoor Recreation Centers.

 

FISCAL IMPACT:

N/A

Recommendation

RECOMMENDATION:

While it is not a good planning policy to strip-zone thoroughfares as commercial, this roadway includes unique circumstances that make small-scale residential to commercial conversions appropriate, not the least of which is the dramatic topographic change and curvilinear character of Walnut Avenue only a short distance away. Therefore, staff recommends approval.

 

The Planning Commission held a public hearing on October 4, 2023, and unanimously recommended approval (7-0-0)

 

Mailed notification as required by state statute:

Public hearing notices were sent to owners of 8 properties within 200 feet of the request. To date, the city has received no responses.

 

Resource Links:

                     Chapter 144, Sec. 3.3-2 (R-2) 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. 3.4-12 (C-1A) 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>