Presenter
Presenter
Christopher J. Looney, Planning and Community Development Director
Contact Info
(830) 221-4055 - clooney@nbtexas.org
Subject Header
SUBJECT:
Title
Approval of the second and final reading of an ordinance regarding a requested rezoning to apply a Special Use Permit to allow a speech therapy clinic in the “R-2” Single and Two-family District, on Lot 10A Grandview Addition, addressed at 1208 N. Walnut Avenue.
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BACKGROUND / RATIONALE:
Case No.: PZ-16-059
Council District: 3
Applicant/Owner: Richard Roy
2035 Cotton Blvd.
New Braunfels, TX 78130
(334) 477-3688
rroy7477@gmail.com
Staff Contact: Holly Mullins, Sr. Planner
(830) 221-4054
hmullins@nbtexas.org
City Council held a public hearing on January 23, 2017 and unanimously approved the first reading of this requested rezoning ordinance. (7-0-0)
The subject property is located on N. Walnut Avenue (“up the hill”) between Landa Street and Loop 337. A street widening and improvement project on this portion of Walnut was recently completed by TxDOT. Zoning of the area is predominantly “R-2” Single and Two-family District, and the use of properties along Walnut has historically been residential. Since completion of the street widening, there have been concerns about the appropriateness of residential property with frontage on Walnut Avenue. As Phase 2 of the Walnut Neighborhood Special District, City staff will conduct neighborhood meetings and evaluate possible rezoning of properties with Walnut frontage in the coming months.
The subject property is approximately 1.2 acres and contains a residential structure fronting Walnut Avenue with several accessory buildings on the large, rear portion. Rather than seeking a change in the base zoning from residential to commercial, the applicant has requested a Type 2 Special Use Permit (SUP) to allow commercial use of the existing house, with two deviations from Code requirements.
Proposed Use
The applicant is proposing to utilize a portion of the property, including the existing residential structure, as a speech therapy clinic, with some occupational and behavioral therapy included. The residential structure will not be enlarged, but the interior will be remodeled to accommodate five therapy areas plus an office. Based on the 1,500 square foot building, five off-street parking spaces are required. The applicant proposes five to six spaces at the rear of the building, including one ADA accessible space. Maneuvering space will be provided so vehicles are not backing out onto Walnut. The parking area will be paved with concrete, asphalt, or other pavement material as approved by the City Engineer.
The proposed use encompasses approximately 13,200 square feet (25% of the total property), as delineated on the Buffer Plan in Attachment 2. This area will be enclosed by a privacy fence, and the applicant states there will be no further development on the remainder of the property.
Office hours for the clinic will be 8:00 a.m. to 6:00 p.m. on weekdays.
The following deviations from the Code of Ordinances are requested through the SUP process:
Signage
Freestanding signage is not permitted in residential zoning districts. The Neighborhood Commercial and Commercial-Office zoning districts allow a pole sign up to 20 square feet in area and 6 feet in height, or a monument sign up to 32 square feet and 8 feet in height.
The applicant is proposing a non-illuminated pole sign (two support poles) adjacent to Walnut Avenue with a sign face measuring three feet by four feet (12 square feet) and a proposed sign height of six feet. Although appropriate signage for the potential North Walnut rezoning has not yet been discussed with the property owners/stakeholders, the Walnut Neighborhood Special District (WNSD) to the south allows only monument signs with a maximum area of 32 square feet and maximum height of four feet. Staff notes the speed limit on this portion of N. Walnut Avenue is 10 to 15 miles per hour greater than on the portion between Landa Street and IH-35 to the south. The greater speed limit, combined with the hill and curve of the street, may require slightly larger signage to achieve the same readability. Therefore, staff does not oppose the requested 12 square foot freestanding sign with a maximum height of six feet.
Residential Tree Buffer
New commercial uses adjacent to residential use or zoning are required to provide a masonry wall and landscape buffer (one tree per 25 linear feet) along the shared property line. The three property owners adjacent to the area proposed for commercial use submitted objections to the masonry wall and all consented to a six-foot tall wooden privacy fence instead. However, the tree buffer cannot be waived by adjacent property owners and the applicant is requesting a waiver of the requirement with this SUP. The commercial area has 328 linear feet of property line adjacent to residential uses, requiring a total of 13 buffer trees (1 tree per 25 linear feet). There are at least ten existing oak trees on the property that are near the shared property lines, and another five on the adjacent properties, although many are clustered closer than 25 feet apart. The applicant states that, due to the width of the driveway and location of the house, access to the rear parking area would not be possible if a five-foot wide landscape strip were installed for the required trees. The alternative would be to pave much of the front yard to accommodate parking; however, a residential setting is better maintained when parking is located behind the structure.
The intent of the residential buffer requirement is to provide a visual barrier between commercial and residential uses. If redeveloped as proposed, the speech therapy clinic should have little negative impact on adjacent properties. Staff believes the intent of the buffer requirement can be met by maintaining the existing trees located near the property lines and installing a wooden privacy fence as requested by adjacent property owners.
The applicant has identified one oak tree, approximately 14 inches in diameter, which is too close to the property line to accommodate the privacy fence. He is proposing to remove this tree and replace it with seven inches of new trees, as required by the tree removal ordinance. The new trees will be planted along the right (south) property line and will contribute to the residential buffer.
Note, the six-foot tall privacy fence may need to be modified (height and/or material) along the driveway near the front property line to observe the “sight distance and visibility triangle” where the driveway meets Walnut Avenue.
General Information:
Size: 1.189 acres
Surrounding Zoning and Land Use:
North - R-2/ Single-family residences
South - Across Walnut Avenue, R-2/ Single-family residences
East - R-2/ Single-family and multifamily residences
West - R-2/ Single-family residences
Comprehensive Plan/ Future Land Use Designation: Low Density Residential
Floodplain: No portion of the property is within a designated flood hazard zone.
Regional Transportation Plan:
Walnut Avenue is designated as a Principal Arterial on the Regional Transportation Plan.
Improvement(s): Single-family residence
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 (Although the immediate area is predominantly residential, it is anticipated properties with direct frontage on Walnut Avenue may find it increasingly less desirable to maintain single-family use. Adaptation of the property to office/professional use, while maintaining the current residential character, may be appropriate while the City conducts transition studies and possible rezoning proposals with the property owners.);
§ 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 SUP should not conflict with existing or proposed schools, streets, water supply, sanitary sewer and other utilities in the area.);
§ How other areas designated for similar development will be affected (There should be no negative impact on other areas designated for similar development.);
§ Any other factors that will substantially affect the public health, safety, morals, or general welfare (The deviations requested with this SUP should not substantially affect the public health, safety, morals or general welfare.); and
§ Whether the request is consistent with the Comprehensive Plan (The proposed use of the property is not consistent with the Future Land Use Plan designation of Low Density Residential. The applicant’s proposal maintains the current residential character of the property until neighborhood meetings are held and the area evaluated for possible zoning and/or Future Land Use Plan changes.)
Special Use Permits may be granted to allow compatible and orderly development which may be suitable only if developed in a specific way or only for a limited period of time. The request should be evaluated on the extent to which the proposed use:
• is consistent with policies of the Comprehensive Plan;
• is consistent with the purpose and intent of zoning district regulations;
• meets all supplemental standards; and
• preserves the character and integrity of adjacent development and neighborhoods.
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 requested SUP will introduce mixed uses into a heavily traveled area along a Principal Arterial. The proposed use should pose a relatively low impact on adjacent properties and on traffic in the area. Objective 2D Approve rezoning that provide for a mix of land uses. A mix of land uses can be provided by locating low intensity office uses adjacent to residential areas. New sidewalks along Walnut Avenue will allow pedestrian access to the proposed clinic. |
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Cons: Objective 9C Consider buffering of commercial uses adjacent to existing or proposed residential areas. The request deviates from the residential tree buffer requirement adopted in 2005. Objective 12A Maintain fair and reasonable regulations for signs so that signs harmonize with the special qualities and appearance of New Braunfels (specifying size, height, locations). The request deviates from Sign Ordinance standards for residential zoning. |
FISCAL IMPACT:
N/A
Recommendation
COMMITTEE RECOMMENDATION:
The Planning Commission held a public hearing on January 3, 2017 and recommended approval of the requested SUP with Staff recommendations. (9-0-0)
STAFF RECOMMENDATION:
Staff recommends approval of the Type 2 SUP to allow a speech therapy clinic with the following conditions:
1. Commercial use of the property will be limited to the area delineated by the applicant on the Buffer Plan. No expansion of the existing structure, changes to the approved site plan, or redevelopment of the remainder of the property will be permitted unless the Special Use Permit is amended through the rezoning process.
2. Office hours will be limited to occur between 8:00 a.m. and 6:00 p.m. Monday - Friday.
3. A paved parking area (concrete, asphalt, or alternative material approved by the City Engineer) for at least five vehicles will be provided behind the main structure.
4. Signage will be limited to one non-illuminated freestanding sign, not to exceed 12 square feet in area with a maximum height of six (6) feet.
5. A minimum six-foot tall wooden privacy fence will be installed around the perimeter of the commercial use area. Existing trees will be preserved, with the exception of one 14-inch oak tree to accommodate the fence. Should any other trees need to be removed from the commercial area, a tree removal permit must be approved and replacement trees planted, as required by the Zoning Ordinance.
Notification:
Public hearing notices were sent to 29 owners of property within 200 feet of the request. The Planning and Community Development Department received two responses in favor (#4, 24) and three in objection (#10, 11, 15) representing 14% of the notification area. (The original notification map erroneously identified two properties as #9; however the list of property owners was correct and all owners were notified as required.)
ATTACHMENTS:
1. Aerial Map
2. Application & Proposal
3. Maps (Zoning, Existing Land Use, Future Land Use Plan)
4. Notification & Responses
5. Photographs
6. Code Sections (Sec. 3.6 Special Use Permits)
7. Planning Commission Draft Minutes
8. Ordinance