Presenter
Presenter
Stacy Snell, Planning and Community Development Assistant Director
Contact Info
ssnell@nbtexas.org
Subject Header
SUBJECT:
Title
Public hearing and consideration of the first reading of an ordinance regarding a rezoning of approximately 52 acres out of the A.M. Esnaurizar Survey, Abstract 20, located on the north side of State Highway 46 and approximately 1,100 feet southeast of the intersection of State Highway 46 and Prairie View Lane from “APD” Agricultural / Pre-Development District and “C-1” Local Business District to “Rippen Ranch” Planned Development District, with a Concept Plan.
Body
BACKGROUND / RATIONALE:
Case No.: PZ-17-052
Council District: 2
Owner/Applicant: Willard C. Rippen
195 High Country Dr.
Seguin, TX 78155
Engineer/
Representative: Pape-Dawson Engineers, Inc.
Allen Hoover
2000 NW Loop 410
San Antonio, TX 78213
(210) 375-9000
Staff Contact: Matthew Simmont, Planner
(830) 221-4058
msimmont@nbtexas.org
The subject property is approximately 52 acres with 470 feet of frontage along State Highway 46 and 400 feet of frontage along Prairie View Lane. It is located adjacent to lots fronting on SH 46 and the Urban Heights Subdivision that are currently developed with a variety of commercial and industrial uses. The subject property is presently used for agricultural production with an electric utility line running through the northwestern side of the property.
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 includes an approximate roadway layout with connections to adjoining developments, but does not include 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 R-1A-6.6 and their proposed RRPD development standards include:
• a reduced minimum lot width,
• reduced minimum lot area,
• reduced minimum front and rear setbacks, and
• a deeper minimum lot depth (see the comparison table below).
The RRPD also proposes minimum requirements for:
• landscaping,
• exterior finish,
• garage size, and
• identified number of lots and maximum density,
all of which are not required in the R-1A-6.6 District.
The following table compares R-1A-6.6 district zoning standards (proposed base zoning district) with those proposed by the applicant for the PD; the differences are shown in bold. More detail is included in the submitted Development Standards (Attachment 4).
|
Standard |
R-1A-6.6 |
RRPD |
|
Minimum Lot Width |
60 feet - interior lot 70 feet - corner lot |
45 feet - up to 190 lots 50 feet - up to 29 lots |
|
Minimum Lot Area: |
6,600 sq. ft. interior 7,000 sq. ft. corner |
5,175 sq. ft. - interior lots 5,750 sq. ft. - corner lots |
|
Minimum Lot Depth |
100 feet |
115 feet |
|
Maximum Building Height |
35 feet |
35 feet |
|
Front Setback Minimum |
25 feet |
20 feet |
|
Rear Setback Minimum |
20 feet |
15 feet |
|
Side Setback Minimum |
Internal Lots - 5 Feet Corner Lots - The minimum side setback adjacent to the street for corner lots where the rear lines of the corner lot coincides with the rear lot line of the adjacent lot is 15 feet. The minimum side setback adjacent to the street for corner lots where the rear line of the corner lot coincides with the side lot line of the adjacent lot is 25 feet. |
Internal Lots - 5 Feet Corner Lots - The minimum side setback adjacent to the street for corner lots where the rear lines of the corner lot coincides with the rear lot line of the adjacent lot is 10 feet. The minimum side setback adjacent to the street for corner lots where the rear line of the corner lot coincides with the side lot line of the adjacent lot is 20 feet. |
|
Garages/Parking |
Minimum 2 off-street parking spaces |
Minimum 2-car garage |
|
Exterior Finish |
None |
Masonry on front and side elevations on the first floor |
|
Minimum Landscaping |
None |
Two 1.5-inch caliper trees per residential lot |
|
Number of Lots |
Approximately 240 considering 1/3 reserved for infrastructure, topography, drainage, amenities, etc. |
219 |
|
Maximum Density |
Approximately 4.6 units/acre |
4.2 units/acre |
General Information:
Size:
Approximately 52 acres
Surrounding Zoning and Land Use:
Northwest - APD and C-1 / single-family and commercial nursery
Northeast - APD / agricultural and open space
Southeast - M-1A and C-1 / industrial and commercial uses including electric supply, outdoor storage and fabrication along Lucinda Dr.
Southwest - C-1 and C-1B, Across SH 46, C-1 / church, landscaping business, auto-body repair and residential
Comprehensive Plan/ Future Land Use Designation:
Commercial
Floodplain:
No portion of the property is located within the 1% annual chance flood zone (100-year flood plain).
Transportation:
State Highway 46 South is identified on the adopted Regional Transportation Plan as a Principal Arterial, up to 150 feet in width. City Council determined the appropriate width for this section of the highway to be 120 feet in width. Right-of-way dedication is required and will be reviewed with platting of the property. Since a traffic impact analysis was not submitted with the PD application, a TIA will be reviewed at a later stage of the development. However, the applicant is illustrating an internal street network with connections to adjoining roadways and subdivisions for connectivity and increased mobility.
Hike and Bike Trails Plan:
This application complies with the City’s Hike and Bike Trails Plan and no additional right-of-way dedication or trail construction will be required as there are no proposed trails within or adjacent to the property.
Parkland Dedication:
This development is subject to the adopted Parkland Dedication and Development requirements. The proposed Concept Plan land use table includes park area of 0.68 acres for the development. Staff does not believe the proposed amenities will meet the current ordinance requirements. The developer will be required to pay in lieu fees ($131,400 for 219 lots) or install amenities and pay in lieu fees for parkland dedication prior to recording any final plat. The Parks and Recreation Department staff will review any proposed amenities for credit toward the ordinance requirement.
Improvement(s):
None
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 use of the property for single-family residential development and the proposed development standards are consistent with the single family residential neighborhoods in the general area. However, there are existing commercial and industrial uses located southwest and southeast of the subject property. The future homes may be buffered from the southeast uses by a proposed drainage easement and open space area. To reduce potential negative impacts to the future residents from the existing adjacent non-residential uses, Staff recommends the inclusion of the standard residential buffer (masonry wall and trees) to be constructed with this development.);
§ 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. Without the submittal of a TIA at this stage, it is not yet known what mitigation can occur or would be needed to reduce the impact of traffic associated with the additional homes on the surrounding transportation network. Traffic impact will be evaluated with the platting of the property. An internal street network is illustrated on the concept plan which includes connections to adjoining roadways and subdivisions providing for improved mobility.);
§ How other areas designated for similar development will be affected (The Rippen Ranch PD should not negatively affect other areas designated for similar development; however, continued suburban style single-family detached residential development of the vacant tracts along State Highway 46 will contribute to utility demands and increased traffic as future residents travel to access goods and services. The strip commercialization along SH 46 will not be exacerbated by the proposed land use configuration of the Rippen Ranch PD as the tracts at the entrance at 46 are identified as open space);
§ Any other factors that will substantially affect the public health, safety, morals, or general welfare (There should be no other factors that will substantially affect 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: 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 proposed zoning is consistent with the trends of existing and developing neighborhoods in the area. The homes in this proposed development would be compatible if the open space areas as proposed are maintained and if an appropriate buffer is established. Goal 1C: Consider rezoning, as necessary, to ensure existing and future land use compatibility. If approved the accompanying future land use plan change will reduce unnecessarily deep commercial land use lining Hwy 46. Goal 17: Provide sufficient housing opportunities to meet the future needs and demands for people of all income levels in New Braunfels. Rezoning from “APD” and “C-1” will allow development of additional single-family housing in this growing area of the city. Cons: Objective 1G: Evaluate capacity and adequacy of existing and planned public facilities and services to determine feasibility of expansion. The development of an additional 219 residential lots will result in increased traffic on State Highway 46 and surrounding intersections. Neutral items of note: Objective 35G: Provide an adequate supply of appropriately zoned areas for future and existing business and industrial development and expansion. Added residential neighborhoods in this location will need to be followed by new commercial uses or employment centers at present or future nodes in the area to ease strip commercialization of SH 46. |
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, with a Future Land Use Plan amendment and with staff recommendations (6-2-0) with Commissioners Bearden and Tubb opposed and Commissioner Elrod absent.
STAFF RECOMMENDATION:
While the proposed uses/zoning are not consistent with the currently adopted Future Land Use Map in the Comprehensive Plan which calls for Commercial, such a large and deep area of commercial use outside of a node would be inappropriate at this location. Therefore, staff recommends approval of the applicant’s request. The proposed use of the property is consistent with residential neighborhood trends in the area. Additionally, the proposed RRPD development standards exceed current minimum City zoning standards, and the applicant included an internal street network and connections that will improve mobility in the vicinity. Staff recommends the following technical condition:
1. Remove note #9 from the Concept Plan or delineate the location of all areas restricted for drainage on the property.
And, staff recommends the following conditions to make the proposed residential uses compatible with the nearby and surrounding existing uses:
2. Include requirements in the development standards to construct and maintain a residential buffer as outlined in Section 5.3 of the Zoning Ordinance adjacent to the surrounding commercial and industrial properties.
a. Adjacent to the lots fronting SH 46, the masonry wall shall be eight (8) feet tall with the provision of shade trees. Both may be located on the residential lots or on the common lot between.
b. Adjacent to the Urban Heights Subdivision shall be a masonry wall six (6) feet tall with the provision of shade trees. Both may be located on the residential lots or on the common lot between.
c. Between SH 46 and the proposed residential lots shall be a masonry wall six (6) feet tall with the provision of shade trees. Both may be located on the residential lots or on the common lot between.
Staff also recommends approval of a 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 consistent with the proposed use of the property and would offer opportunities for staggered development along arterials as opposed to strip commercialization as currently depicted on the Future Land Use Plan map.
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 33 owners of property located within 200 feet. The Planning and Community Development Department has received no responses in favor and one response (#8) opposed.
ATTACHMENTS:
1. Aerial and Regional Transportation Plan Map
2. Application
3. Proposed Concept Plan and Development Standards
4. Zoning and Land Use Maps
5. Notification List, Map and Responses
6. Photograph
7. Zoning Sections 3.3-7, 3.4-1, 3.4-2, and 3.5.
8. Excerpt from the Planning Commission Meeting Minutes of January 9, 2018
9. Ordinance