Presenter
Presenter
Christopher J. Looney, Planning and Community Development Director
Contact Info
(830) 221-4050 - clooney@nbtexas.org
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SUBJECT:
Title
Discuss and consider the second and final reading of an ordinance regarding proposed amendments to the “Town Creek” Planned Development District (TCPD) Concept Plan and related development standards, located at N. Academy Avenue and N. Walnut Avenue.
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BACKGROUND / RATIONALE:
Case No.: PZ-17-006
Council District: 1
Owner/Applicant: David Wolters, General Partner
TC Town Creek Texas LP
979 N. Academy Avenue
New Braunfels, TX 78130
(512) 633-2245
david@towncreektexas.com
Staff Contact: Holly Mullins, Sr. Planner
(830) 221-4054
hmullins@nbtexas.org
City Council held a public hearing on May 22, 2017, and approved the first reading of the applicant’s proposed rezoning ordinance, with revised Staff recommendations, and the stipulation that no building permits be issued for Phases 3 or 4 until a secondary access is constructed at either Guenther Avenue, Fredericksburg Road, or Academy Avenue and accepted by the City Engineer for public use (5-2).
Town Creek is a 66-acre mixed use, walkable development surrounded by Walnut Avenue, Dry Comal Creek, and the Union Pacific railroad tracks. Town Creek’s planned development zoning district was approved in 2006 to create a new urbanist style walkable, mixed-use community with a range of unique housing and business opportunities. Uses are determined by transect zone and lot type as opposed to either cumulative or Euclidean zoning districts. As construction continues in Town Creek, the developer has identified revisions to their street layout and minor changes to their development standards.
The transects and street network were originally based on the anticipated extension of N. Academy Avenue across the Dry Comal Creek and railroad tracks into Downtown. The applicant is proposing to remove the Academy Avenue connection and include a connection to Guenther Avenue across the Dry Comal Creek instead. This would provide the secondary access the International Fire Code requires for subdivisions with more than 30 residential units. Exhibits B and C have been revised to reflect this proposed configuration (Attachment 3). The applicant has indicated that discussions with Union Pacific Railroad regarding a crossing at Fredericksburg Road or Paradise Alley are ongoing.
The applicant’s proposed revisions are detailed in Attachment 4 and include:
• removal of the roadway connection to N. Academy Avenue across the railroad tracks;
• a new road connection to Guenther Avenue across the Dry Comal Creek;
• reconfiguration of the N. Academy Avenue and Fredericksburg Road intersection (removal of traffic circle);
• a statement in Section V of the Development Standards that fire sprinklers will be installed in all buildings in Phases 3 and 4 if a secondary access is not in place at the time of construction;
• the addition of street cross sections for street type 4A (Neighborhood Connector) and 9 (Local Street) (Exhibit D);
• the inclusion of small houses as an allowed use within Transect Zone 6 (Exhibit E);
• clarification that parking is not allowed in alleys;
• documentation of NBU’s consent for second-story encroachment into an easement in Phases 1 and 2 only (Section VI.D.9);
• An increased allowance for blade signs in Block 6 Phase 1 and Block 2 Phase 2 (properties along Walnut Avenue); and
• the addition of a definition for “Unit,” which applies to residential uses only.
General Information:
Size: 65.919 acres
Surrounding Zoning and Land Use:
North - M-1, M-2/ Auto repair, self-storage
South - R-2, M-1/ Residential, industrial
East - R-2, M-2 / KC Hall, self-storage, vacant
West - Across Walnut, C-1, C-1A/ Hope Hospice, commercial
Comprehensive Plan/ Future Land Use Designation:
Mixed Use
Floodplain:
A small portion of the property along Dry Comal Creek is within the floodway and 1% annual chance floodplain.
Regional Transportation Plan/Transportation:
An extension of Fredericksburg Road across the railroad tracks is proposed on the Regional Transportation Plan. This connection is under discussion between the developer and UPRR.
A Traffic Impact Analysis (TIA) has been scoped with the City and will be submitted by the applicant with their revised master plan.
The proposed Guenther Avenue connection will require construction of a bridge, built to City standards including the required elevation above the floodway and 25-year storm requirements. Construction plans have not yet been submitted to the City for review.
The Hike and Bike Trails Plan includes a trail along the Dry Comal Creek. The applicant is currently working with the City’s Parks and Recreation Department to include the trail as part of the overall Town Creek development.
Improvement(s):
Various residential, commercial, and mixed use structures
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 2: Encourage the mixing of land uses to create a sense of community in the neighborhoods. Town Creek is a mixed use development with a distinctive neighborhood feel due to the creative new housing types introduced with the subdivision. |
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Objective 3B: Work with developers to make more efficient use of land and resources and discourage sprawl. The Town Creek concept plan incorporates higher density residential with commercial and live-work units near Downtown. |
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Objective 17I: Encourage a range of housing opportunities including varied lot sizes and housing choices. Town Creek incorporates single-family detached and attached housing with loft apartments and live-work units. |
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Goal 25: Encourage pedestrian and bicycle transportation including provision of safe transportation facilities. With a mix of uses, Town Creek encourages walking and biking within the development, along trails, and to Downtown. |
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Cons: None. |
FISCAL IMPACT:
N/A
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 revisions do not change the permitted uses within the planned development but the proposed revisions do reduce the overall density and mixture of residential types originally intended and potentially reduces the overall mix of land uses.);
• 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 revisions should not negatively impact existing or proposed public facilities in the area and reflect previous community resistance to the Academy Avenue connection into Downtown.);
• How other areas designated for similar development will be affected (Other areas should not be affected as they have already been developed.);
• Any other factors that will substantially affect the public health, safety, morals, or general welfare (The proposed street network amendment provides an alternative connection to achieve secondary access.); and
• Whether the request is consistent with the Comprehensive Plan (The permitted land uses are consistent with the Future Land Use Plan designation of Mixed Use.)
Recommendation
COMMITTEE RECOMMENDATION:
The Planning Commission held a public hearing on May 2, 2017, and voted to recommend approval of the request with staff recommendations and a condition that Phase 3 and 4 infrastructure may be constructed but no building permits may be issued in Phases 3 or 4 until the Guenther Avenue bridge connection is accepted by the City Engineer for public use.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed amendments to the “Town Creek” Concept Plan and related Development Standards as they incorporate development trends and realities that have changed since the original plan was approved, and are still consistent with the intent of the project to provide a walkable development with a mixture of uses in the neighborhood. Staff agrees with the Planning Commission’s recommendation and concurs with City Council’s condition stipulated at the first reading. Additionally, staff’s recommendation is subject to the following conditions:
1. Revise Section VI.F.8 to state one 64 square foot blade sign is allowed with frontage on Walnut Avenue and sign must be attached to the building façade facing Walnut Avenue.
2. Revise Section VI.D.9 to read: “Encroachment beyond the ‘build to’ line…”
3. Amend the Detail Plan and Master Plan to reflect changes approved to the Planned Development.
4. Guenther Avenue connection must be constructed to City standards including the required elevation above the floodway and 25-year storm requirements.
Notification:
Public hearing notices were sent to owners of 77 properties in Town Creek Subdivision and within 200 feet of the request. As of the date this report was prepared, the Planning Division had received one response in favor (37), 13 in objection (#7, 8, 11, 18, 25, 29, 30, 31, 33, 36, 41, 63, 67) and two neutral (#21, 49). Objection represents 2% of the notification area.
Attachments:
1. Aerial Map
2. Application
3. Current and Proposed Transect Map and Master Street Network (Exhibits B & C)
4. Amended Concept Plan and Development Standards
5. Land Use Maps (Zoning, Existing, Future)
6. Notification Map and Responses
7. Photographs
8. Planning Commission Minutes
9. Ordinance