Presenter
Presenter
Christopher J. Looney, Director of Planning & Community Development
Contact Info
(830) 221-4050 - clooney@nbtexas.org
Subject Header
SUBJECT:
Title
Discuss and consider approval of the second and final reading of an ordinance regarding a rezoning to apply a Special Use Permit to allow a mixed-use development including office, digital print shop, retail, music studio, and residential/bed and breakfast in the “C-3” Commercial and “R-2” Single-Family and Two-Family Districts on 0.66 acres, consisting of Lots 2, 3, 11, 12, and 13, New City Block 4048, addressed at 1260 S. Business 35.
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BACKGROUND / RATIONALE:
Case No.: PZ-16-062
Council District: 6
Owner/Applicant: Carolyn Lehmann
DBA WishList Direct
1309 Stonewall Street
New Braunfels, TX 78130
(830) 627-7744
Staff Contact: Benjamin Campbell
(830) 221-4056
bcampbell@ntexas.org
City Council held a public hearing and first reading of this request on January 23, 2017, and voted to approve the proposed Special Use Permit (6-1-0). The motion to approve included the following:
• Revise #1 of Exhibit B as follows: The listening room, rehearsal room and recording studio (Building 1) will have appropriate sound-proofing. Music will be limited to acoustic music only, and all music will be kept within sound levels and hours to not disturb the neighbors.
• Revise #7, bullet 6 of Exhibit B as follows: Building 8: This house will be moved onto the property and used as a long term residential rental (minimum of 30 days); or as a bed and breakfast, with a resident manager required on site.
• Add #12 to Exhibit B: The driveways onto the property from Coll St. and Business 35 shall be paved with concrete or asphalt from the street for 5 feet onto the property or to the ROW line.
• Fencing abutting residential uses/zoning shall comply with the fence portion of the residential buffer requirements outlined in Chapter 144, including the option for abutting residential uses to “opt out” of the masonry fence.
The subject property, 0.66 acres, is located on the north side of S. Business 35 and extends through to W. Coll Street. This through-lot fronts S. Business 35 with “C-3” Commercial District zoning and W. Coll Street with “R-2” Single-Family and Two-Family District zoning. The zoning splits the property with the majority of the property zoned C-3; however, for numerous years the subject property was used by a plumbing company and then for auto repair and storage. In 2014, the applicant purchased the property to be used for a digital print shop which utilizes digital and/or laser printers (no printing presses).
The applicant began redeveloping the subject property when a contractor was hired at the beginning of 2016 to move a structure (Building 6) onto the property to be used for the print shop. The contractor applied for, but was not issued, a permit to move the structure onto the property. Staff required corrections to the setback along W. Coll Street and to the building façade materials, but the building was moved onto the property in the Fall of 2016. The property owner was notified of the contractor’s violation and subsequently applied for and was issued a contractor’s license from the City to finish work on the property.
Afterward, several meetings with city staff were held regarding the applicant’s vision for the subject property and it was determined the best way to achieve the applicant’s goals was with a special use permit (SUP). Therefore, the applicant is seeking approval of a Type 2 SUP for a mixed-use development that utilizes 5 existing structures and 2 new structures. The proposed development is described based upon the “building” number referenced on the site plan (Attachment 3).
Buildings 1 and 2:
The existing house facing Business 35 is proposed to be renovated and converted into a music studio that functions as rehearsal space, a listening room, a meeting space, with retail space. This space is intended to be used by the applicant’s son for recording and to host acoustic music listening sessions with alcohol allowed (BYOB scenario) and food catered or “potluck style”. Building 2, if retained, will be renovated and utilized for storage or a shade structure. The use of Building 1 will take place in the evening after the print shop has closed.
Building 3:
The existing carport is to be renovated as an open covered area providing a covered walkway between Buildings 1 and 4.
Building 4:
The existing storage building is also intended to be renovated with 600 square feet remaining as storage area for artisans and the remaining 400 square feet will be used as a studio.
Building 5:
Used as a digital print shop. A building permit (CP2016-1518) was issued in December 2016 for a 400 square foot addition to the south side of the building (noted as Building 7 on the site plan).
Building 6:
New structure to be utilized as offices for the digital print shop (permit pending).
Building 8:
The applicant proposes to move a house onto the property adjacent to W. Coll Street to be used as a long term residential rental (a minimum of 30 days) or a bed and breakfast.
The primary entrance to the parking areas is from Business 35. The existing driveway on W. Coll Street is proposed to be relocated south to align with other parking and provide room for Building 8.
Parking for the proposed development breaks down as follows:
|
Building |
Size |
Parking Ratio |
Min. Required |
|
Building 1 |
1,000 s.f. |
Nightclub - 1/100 (at time of application) |
10 |
|
Building 2 |
480 s.f. |
Studio storage - 1/200 |
2.4 |
|
Building 3 |
500 s.f. |
None (breezeway) |
none |
|
Buildings 4 |
1,000 s.f. |
Art studio - 1/200 |
5 |
|
Buildings 5, 6 & 7 |
3,186 s.f. |
Office - 1/300 |
10.6 |
|
Building 8 |
2,300 s.f. |
Residence - 2/du |
2 |
|
Building 8 alternate |
4 bedrooms |
B&B - (1/BR + 1 manager) |
(5) |
|
Need: |
Min. Spaces Required w/out Shared Parking: |
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Min. Spaces Required w/ Shared Parking: |
|
Worst case (B&B) |
33 |
|
23 |
|
Best case (residence) |
30 |
|
20 |
The site plan identifies 24 parking spaces. The applicant proposes to share the parking spaces on the site by restricting the hours of operation for Building 1 to the evening and restricting the hours of Buildings 5, 6, and 7 to the day time. In this shared parking scenario there should be sufficient parking available for all of the proposed uses.
As part of the SUP, the applicant is seeking deviations from the Zoning Ordinance requirements as follows:
Setbacks:
• Building 6. The applicant is seeking to keep Building 6 in its present location with a minimum 2.5-foot setback adjacent to W. Coll Street that expands up to approximately 8 feet where the requirement is 25 feet. The properties south of the subject property have minimal setbacks adjacent to W. Coll Street.
• Building 8. The house to be moved onto the property is proposed to have a 20-foot setback adjacent to W. Coll Street where the requirement is 25 feet. The property immediately adjacent to the north also has a similarly reduced setback.
Exterior Materials, Building 6. The applicant is also requesting a deviation from the building design standards as this structure is clad in wood. Staff believes this style would be in character with the residences along W. Coll Street.
Fencing:
• Height. The applicant is also proposing a 6-foot tall wooden privacy fence at the property line along the W. Coll Street property line that is taller than allowed height for a front yard: 3 feet if solid or 4 ½ feet if 50% open. The applicant considers this to be the “back entrance” and the proposed fence is intended to provide security and to shield the commercial activities from the residences across W. Coll Street. The privacy fence will extend along the shared property line with Bill Hill Music to the west. Staff believes the construction of a solid 6-foot tall cedar fence at the property line will make the street appear closed off and the proposed development would be a preferred view. Staff believes a 3 to 4 ½-foot tall solid fence or wall with the remaining fence 50% open would be more in keeping with the neighborhood and should provide security and shield the neighborhood from vehicular headlamps.
• Residential buffer. The change in use and the change of a non-conforming use necessitate the reconsideration of the residential buffer requirements of a masonry wall and 1 tree for every 25 linear feet. The applicant is not proposing a privacy fence or additional trees along the shared property lines with the residences to the east. The property at 1255 currently has a privacy fence and several mature trees along much of the common line. The applicant is open to installing a privacy fence along the property lines with 1255 W. Coll Street and 1238 S. Business 35 where one does not exist today, if necessary. The use on the subject property immediately adjacent to the residence on Coll will either be a residence or a bed and breakfast, which is less intense than the previous vehicular storage and is more compatible with the existing residence. The existing residence east of Buildings 1 and 2 is the last remaining residence on Business 35 in this block.
Landscaping:
• Business 35 parking lot. The majority of the subject property has been utilized for parking or vehicular storage over the years; however, the existing chip sealed areas are experiencing overgrowth. The Zoning Ordinance requires 1 tree and 4 shrubs per 40 feet of parking lot frontage along roadways. The applicant is proposing to plant 8 crepe myrtles and construct a 3-foot tall corrugated metal fence for approximately 107 feet along Business 35 to serve as screening in lieu of planting the shrubs for the parking lot frontage. The yard in front of Buildings 1 and 2 will be improved with additional trees, shrubs and landscape features to enhance the curbside appeal.
• W. Coll Street parking lot. The applicant is proposing the 6-foot tall cedar fence on the property line in lieu of the shrubs. The applicant has also indicated their intent to plant perennials in front of the fence, which would be within the public right-of-way. Staff believes the construction of a solid 6-foot tall cedar fence at the property line will make the street appear closed off and the proposed development would be a preferred view. Staff believes a 3 to 4 ½-foot tall solid fence or wall with the remaining fence 50% open would be more in keeping with the neighborhood and should provide security and shield the neighborhood from vehicular headlamps. Staff does not believe the planting of perennials within the right-of-way, without irrigation, will be problematic with the understanding that such plantings may be removed in the normal course of city responsibilities within public right-of-way if necessary.
General Information:
Size:
0.66 acres
Surrounding Zoning and Land Use:
North (across W. Coll Street) - R-2 / Residential - single-family residences
East - R-2 & C-3 / Residential - single-family residences
South (across S. Business 35) - C-3 / Commercial - Walnut Square Shopping Center and an auto repair business
West - C-3 / Commercial - music store
Comprehensive Plan / Future Land Use Designation:
Residential - Low Density Residential
Floodplain:
No portion of the property is within the 1% annual chance flood zone.
Improvement(s):
1930s-era wood house (Building #1), addition (Building #2) & carport (Building #3)
Metal storage building (Building #4)
Metal building for print shop (Building #5)
Wood building for offices (Building #6) - permit pending
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 (The proposed commercial uses are of lesser intensity than the previous auto use.);
§ 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 use 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 effect on other areas designated for similar commercial development. The proposed fence along W. Coll Street and Business 35 should mitigate any negative impacts from automotive headlamps on adjacent property and roadways.);
§ Any other factors that will substantially affect the public health, safety, morals, or general welfare (The redevelopment of the subject property with the proposed mixture of uses and small scale structures should improve the character of the neighborhood.); and
§ Whether the request is consistent with the Comprehensive Plan (The Future Land Use designation for the property is Low Density Residential. However, due to the Commercial designation for the majority of the block and frontage on Business 35, Staff recommends amendment of the Future Land Use Plan to Commercial with the second reading of the ordinance for the zoning change.)
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: Goal 1: Promote manageable growth to achieve a proper balance of economic expansion and environmental quality while maintaining the community’s unique qualities. The proposed uses expand commercial development along Business 35 by redeveloping an underutilized property while providing a more appropriate transition of uses sensitive to the adjacent residential neighborhood. |
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Goal 2: Encourage the mixing of land uses to create a sense of community in the neighborhoods. Objective A Allow differing uses in close proximity to help streets, public spaces and pedestrian-oriented retail become places where people meet, attracting pedestrians back onto the street and helping to revitalize community life; Objective B Enable residents to live within walking or a short commuting distance from their work, school and shopping; The proposed mixture of uses will provide the opportunity for residents in the adjacent neighborhood to walk to services and possible employment. |
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Goal 3: Encourage innovative and flexible design patterns, such as cluster development. Objective B Work with developers to make a more efficient use of land and resources and discourage sprawl; The development makes use of shared parking. |
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Cons: None |
FISCAL IMPACT:
N/A
Recommendation
COMMITTEE RECOMMENDATION:
The Planning Commission held a public hearing on January 3, 2017 and recommended approval of the Type 2 SUP with staff recommendations plus the following additional conditions (6-3-0 with Commissioners Bearden, Hoyt and Nolte opposed):
1. The corrugated metal fence along S. Business 35 must be framed with cedar timbers.
2. Music is restricted to indoors only; no outside music is allowed.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed Type 2 SUP with the requested deviations to the Zoning Ordinance requirements and the Planning Commission’s recommended additions. The proposed mixed use redevelopment project will provide a unique appearance and an improved transition to the adjacent neighborhood. Staff recommends the following requirements as part of the approval:
1. The parking design will include a minimum of 24 spaces providing appropriate pavement surfaces and striping.
2. City Engineering will have final design approval of any proposed vehicular gating systems for parking lots.
3. Limit the music studio to acoustic music only.
4. The hours of operation of the music studio and the digital print office uses shall not overlap, to provide for shared parking.
5. Amend the Future Land Use Plan Map to ‘Commercial.’
6. Expansion of structures or changes in uses not identified on the approved site plan or in the ordinance will require an amendment to the SUP through the rezoning process.
Notification:
Public hearing notices were sent to 17 owners of property located within 200 feet. Staff received two responses in favor (#4 & 12) and four responses in objection (#1, 2, 16 & 17).
Attachments:
1. Aerial & Regional Transportation Plan Map
2. Application & Proposal
3. Site Plan
4. Zoning, Existing Land Use & Future Land Use Plan Maps
5. Notification & Map
6. Photographs of Subject Property
7. Sec. 3.6 Special Use Permits
8. Excerpt from the January 3, 2017 Planning Commission Meeting
9. Ordinance