Presenter
Presenter
Christopher J. Looney, Planning and Community Development Director
Contact Info
clooney@nbtexas.org
Subject Header
SUBJECT:
Title
Public hearing and consideration of the first reading of an ordinance regarding the proposed rezoning of 14.87 acres out of the J. M. Veramendi A-2 Survey, addressed at 1656 Gruene Road, from “R-2” Single and Two-family District to Village at Gruene Planned Development District (VGPD) with a Concept Plan and Development Standards.
Body
BACKGROUND / RATIONALE:
Case No.: PZ-17-051
Council District: 4
Owner/Applicant: Darren Gerloff
Direct Assets, LLC
14955 Bulverde Road
San Antonio, TX 78247
Agent: Moeller & Associates
James Ingalls
2021 Highway 46 West #105
New Braunfels, TX 78132
(830) 358-7127
Staff Contact: Holly Mullins, Sr. Planner
(830) 221-4054
hmullins@nbtexas.org
The almost 15-acre unplatted subject tract is situated on Gruene Road between Loop 337 and the Guadalupe River. It is bordered by railroad tracks and the city limit line on its northwest side. A subdivision plat of the property that divided it into 48 duplex lots (96 units) was approved in 2013 but never recorded. In 2014, a rezoning to apply a special use permit (SUP) was approved to allow up to 96 detached residential units on the tract. A subdivision plat for that development proposal has not yet been submitted. The new owner is requesting to rezone the property to Village at Gruene Planned Development District (VGPD)
Planned Development (PD) zoning districts are designed to provide for the development of land as an integral unit for single or mixed uses, housing variety, height or density variations, or other projects, in accordance with a City Council approved plan that would vary from the established regulations of standard base zoning districts. PDs are intended to provide developers opportunities for creative neighborhood designs and alternative development options through the creation of their own standards and layouts. Therefore, it is important to evaluate the design of a proposed PD to ensure compatibility with existing and future adjacent development as well as transportation, parks, schools, and other infrastructure impacts. Conditions can be placed on PDs.
The PD process in New Braunfels is two-fold: 1) A “concept plan” is considered by City Council after a recommendation from the Planning Commission via the standard rezoning process; and then 2) a “detail plan” is considered by the Planning Commission only. After step 1, the zoning of the land is technically changed, however only after the detail plan is approved by the Planning Commission can the developer proceed to the next step which is often the Master Plan or Subdivision Platting stage. It is also an option to combine these steps into one for expediency.
New Braunfels’ Zoning Ordinance indicates the purpose of a PD Concept Plan is to establish the most general guidelines for the district by identifying the land use types, development standards, approximate road locations and project boundaries, and illustrate the integration of these elements into a master plan for the whole district. Generally, the details of the lot layout and minor street configuration have not been being provided on PDs until the detail plan stage. The Zoning Ordinance indicates that illustrating local and collector streets on PDs at the concept plan stage is optional, and the Platting Ordinance indicates that the City may require a Traffic Impact Analysis (TIA) for rezoning requests; such would allow the evaluation of the advantages of creating a PD over a standard zoning district, and to evaluate impacts on roadway infrastructure and adjoining neighborhoods, so as to provide informed recommendations for mitigation. The submitted application does not include an approximate roadway network, stub-outs for connections to potential future adjoining developments, or a TIA.
The applicant is proposing a base zoning of R-1A-6.6 (Single-Family Residential District) for their PD, with some added development standards. Differences between the base and existing zoning district standards and their proposed VGPD development standards include:
• a reduced minimum lot width,
• reduced minimum lot area,
• a deeper minimum lot depth, and
• a maximum number of lots (see the comparison table below).
The VGPD also proposes minimum requirements for:
• house living area,
• garage size,
• landscaping, and
• trees,
all of which are not required in the R-1A-6.6 or R-2 Districts. Considering the location of the property, staff discussed with the applicant other possible enhancements to the proposed development standards, including:
• A preservation plan for existing trees,
• Edwards Aquifer-friendly or Low Impact Development (LID) practices, materials, or landscaping,
• Methods to minimize the impact of street parking in front of the narrower lots (e.g. rear alley loading), and
• Railroad mitigation techniques (deeper lots, berms, sound wall, tree buffer, etc.)
While the applicant declined to include additional standards, they can still be considered as optional conditions to be added.
The applicant is proposing a maximum of 72 single-family homes. This is fewer than the approved plat or the existing R-2 SUP, both of which allow up to 96 units. The proposed lots would be smaller/narrower, however, and would allow building envelopes of approximately 1,875 square feet, excluding a garage, to construct minimum 1,600 square foot homes. Sample elevations are included in the packet, but are not proposed to be a part of the development standards.
The following table compares the applicant’s proposed development standards, their proposed base zoning, and the current zoning of the tract; the differences are shown in bold. Note: short-term rentals are prohibited under the R-1A-6.6 base zoning.
|
Standard |
R-2 SUP |
R-1A6.6 |
VGPD |
|
Land Use: |
S/F & Duplex |
S/F residential |
S/F residential |
|
Total Acres: |
14.87 acres |
14.87 acres |
14.87 acres |
|
Open Space/Drainage Acres: |
- |
- |
2.39 acres |
|
Residential Acres: |
- |
- |
12.48 acres |
|
Min. Lot Width: |
60 ft (70 ft corner) |
60 ft (70 ft) |
40 ft (50 ft corner) |
|
Min. Lot Depth: |
100 ft |
100 ft |
120 ft |
|
Min. Lot Area in square feet: |
6,600 (s/f) 8,000 (duplex) |
6,600 |
4,800 |
|
Min. Lot Area in square feet (Corner): |
7,000 (s/f) 8,500 (duplex) |
7,000 |
6,000 |
|
Min. Front Setback: |
25 ft |
25 ft |
25 ft |
|
Min. Side Setback (internal): |
5 ft |
5 ft |
5 ft |
|
Min. Side Setback (corner): |
15-25 (depends on lot configuration) |
15-25 (depends on lot configuration) |
15-25 ft (depends on lot configuration) |
|
Min. Rear Setback: |
20 ft |
20 ft |
20 ft |
|
Min. Living Area: |
None |
None |
1,600 sq ft |
|
Min. Garage: |
2 off-street parking spaces |
2 off-street parking spaces |
2-car garage |
|
Min. Landscaping: |
None |
None |
Full sod (front & back) or Xeriscaping |
|
Max. Building Height: |
35 ft |
35 ft |
35 ft |
|
Trees: |
None |
None |
Min. one 2” shade tree per lot |
|
Drainage/detention: |
Not part of standard zoning |
Not part of standard zoning |
Lots will be owned and maintained by the HOA |
|
Number of lots |
Approved plat and SUP would allow 48 (96 homes) |
Approximately 70 considering 1/3 reserved for infrastructure, topography, drainage, amenities, etc. |
Proposing a maximum limit of 72 |
General Information:
Size: 14.87 acres
Surrounding Zoning and Land Use:
North - R-3L/ undeveloped
South - Across Gruene Road, R-2/ undeveloped
East - R-2, R-3L/ single-family, SUP for multiple dwelling units, short term rental
West - R-3L, outside city limits/ single-family and short-term rental; railroad tracks
Comprehensive Plan / Future Land Use Designation: Commercial
School District: New Braunfels ISD
Floodplain: No portion of the property is within the 1% annual chance flood zone.
Improvement(s): None
Transportation:
Gruene Road is designated as a 60-foot wide Minor Collector. It is currently a rural-type street with 25 feet of pavement, and the right-of-way varies in width. A right-of-way dedication of up to five feet may be required at the time of platting. Sidewalks will also be required when the property is platted.
The property has street frontage only on Gruene Road. Secondary access is required by the International Fire Code for residential developments with more than 30 units. The application did not include a proposed internal roadway network or associated stub-outs to present or future adjacent development, so it is presently unknown how this issue will be addressed. Additionally, a TIA was not submitted with the application. Therefore, the street layout and TIA will need to be reviewed at a later stage.
Hike & Bike Trails Plan:
The Trails Plan indicates a future bike lane along Gruene Road, which will be constructed by the City with future street improvements.
Parkland Dedication:
This development is subject to the adopted Parkland Dedication and Development requirements. No park amenities have been identified as part of the PD application. Therefore, ordinance requirements will be reviewed at a later stage.
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 surrounding properties contain a mix of single-family residential, multifamily, vacation rentals, and commercial uses, typical of the Gruene area. The proposed development is considered low density residential (4.8 units per acre), which from a density perspective should be appropriate at this location. The proposal requests a deviation from the minimum lot size and width requirements of the base zoning which may be less in character with surrounding neighborhoods; staff suggests the applicant provide more information on enhancements that will be provided to achieve a better development than standard zoning allows.);
• 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 adequacy of public facilities and utilities to serve the additional demand is evaluated by each provider. NBISD and utility providers have been notified of this proposed rezoning. Gruene Road experiences frequent congestion during peak summer months. Traffic impact will be reviewed at the platting stage to identify any Gruene Road improvements needed to accommodate the development and mitigate any impacts on the surrounding transportation network. An internal street network is not illustrated on the concept plan.);
• How other areas designated for similar development will be affected (Other areas zoned R-2 (current zoning) or R-1A-6.6 (proposed base zoning) will be impacted by the narrower lot width character of this proposed PD which results in a different neighborhood aesthetic.);
• Any other factors that will substantially affect the public health, safety, morals, or general welfare (The use of this property as low density, single-family residential should not have a detrimental impact on the public health, safety, morals or general welfare. Drainage, utility and traffic impact issues can be addressed with a PD request where the project can be modified to address possible negative impacts. Otherwise, compliance with associated code requirements will be reviewed and addressed through the platting process.); and
• Whether the request is consistent with the Comprehensive Plan. (The proposed zoning change is not consistent with the currently adopted Future Land Use Plan designation of the property. Therefore, the applicant submitted a request to amend the Future Land Use Plan category from Commercial to Residential Low-Density.)
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
|
|
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 development reduces the maximum number of homes by 24 (a 25% reduction) over the current zoning, in an area over the Edwards Aquifer Recharge Zone. 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. If approved, the proposed zoning and accompanying future land use plan change will reduce excessive commercial land use acreage for this area. Goal 1C: Consider rezoning, as necessary, to ensure existing and future land use compatibility. While neither the existing R-2 SUP zoning, nor the proposed VGPD, are consistent with the Future Land Use Plan designation of the subject property as Commercial, staff recognizes that Commercial land use for this tract would be incompatible with development trends in the vicinity and a change to that plan is appropriate. The applicant has submitted a Future Land Use Plan Amendment to Low Density Residential. Goal 17: Provide sufficient housing opportunities to meet the future needs and demands for people of all income levels in New Braunfels. The proposed rezoning will allow development of additional single-family housing in this unique area of the city. Cons: Objective 1G: Evaluate capacity and adequacy of existing and planned public facilities and services to determine feasibility of expansion. Gruene Road currently has only 25 feet of pavement with no sidewalks. The recommended street section consists of 60 feet of right-of-way with 40 feet of pavement. This road experiences frequent traffic congestion during the peak summer months. A Traffic Impact Analysis (TIA) worksheet will be required at platting and may identify needed improvements. Additionally, without a roadway layout of the tract, it is not yet known how the applicant will address Fire Code requirements for secondary access; however, it appears connectivity could be routed through adjacent tracts to Ervendberg Avenue. |
FISCAL IMPACT:
N/A
Recommendation
COMMITTEE RECOMMENDATION:
The Planning Commission held a public hearing on January 9, 2018, and recommended approval of the applicant’s requested PD, and with a Future Land Use Plan amendment from “Commercial” to “Low Density Residential.” (8-0-0 with Chair Elrod absent)
STAFF RECOMMENDATION:
The proposed use of the property as single-family residential with an overall residential density of 4.8 units per acre is appropriate for this location based upon existing surrounding uses. And, the proposed lower overall number of units would be an improvement from the number allowed in the current R-2 SUP zoning of the site. However, staff is unable to fully review the potential impacts of the proposed development without an understanding of the roadway layout and design. Additionally, the proposed narrower lots than are allowed in the current zoning would be out of character with other nearby neighborhoods. Staff cannot make the determination with the information provided that the standards of VGPD will result in a better development than could be achieved on similarly sized lots in the ZH-A (Zero Lot Line Home) District. Therefore, staff recommends denial.
Staff recommends approval of the Future Land Use Plan amendment of the subject property from “Commercial” to “Residential Low Density”, which would occur with the second reading of the rezoning ordinance. This amendment would be appropriate for this area which could likely not accommodate added commercial at the size of this tract.
Since zoning changes are discretionary and the request is for a PD, City Council may require the inclusion of additional development standards or conditions to ensure quality development and compatibility with surrounding properties and the community as a whole.
Notification:
Public hearing notices were sent to 9 owners of property located within 200 feet. Two responses in favor (#1, 5) and no responses in objection were received.
Attachments:
1. Aerial & Regional Transportation Plan Map
2. Application, Concept Plan & Development Standards (and sample elevations)
3. Informational Maps and Notification Responses
4. Supporting Ordinances (R-1A-6.6; Planned Development Districts)
5. Planning Commission Meeting Minutes from January 9, 2018
6. Ordinance