Presenter/Contact
Presenter
Applicant: Carolyn E. Lehmann; Case Manager: Matthew Simmont
Contact Info
(830) 221-4058 - msimmont@nbtexas.org
Subject Header
SUBJECT:
Title
Public Hearing and recommendation to City Council regarding the proposed rezoning to amend a Special Use Permit to allow a mixed-use development in the “C-3” Commercial District and the “R-2” Single-Family and Two-Family District, addressed at 1260 S. Business 35.
Body
BACKGROUND / RATIONALE:
Case No.: SUP19-157
Council District: 6
Owner/Applicant: Carolyn Lehmann
P.O. Box 312100
New Braunfels, TX 78130
(830) 627-7744
Staff Contact: Matthew Simmont
(830) 221-4058
msimmont@nbtexas.org
The subject through-lot comprises 0.66 acres. It fronts the north side of S. Business 35 and extends through to W. Coll Street. The base zoning is split-zoned with C-3 Commercial District along Business 35, and R-2 Single- and Two-Family Residential District along Coll Street, with an SUP (Special Use Permit) for a mixed-use development. The subject property was historically 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.
The aforementioned SUP was approved in February 2017. In addition to what the base districts allow, the SUP overlay allows for the property to be used for a music venue and one residence in addition to the office/digital print shop. A residence is under construction, and the applicant has applied for a commercial permit that will allow for construction to begin on the music venue. Upon application for the commercial permit, it was discovered that the proposed commercial improvements were not in accordance with the approved SUP. The applicant has indicated that the previously approved SUP set restrictions on the specifics of the use that have caused unanticipated challenges in development of the property and that prevents adjustments to the scope of the project during design. The applicant is seeking to amend the SUP to allow for some flexibility on the additional restrictions and site plan.
The applicant has also requested approval of an alternative site plan, Site Plan B, that would allow for increased development on the property when additional minimum off-street parking could be guaranteed through off-site parking agreements. (see Attachment)
The proposed development is described based upon the “Building” number referenced on the site plan (see Attachment).
Building 1:
The existing house facing Business 35 is proposed to be renovated and converted to a “music studio/rehearsal space/listening room, meeting space, with retail space.” This space is intended to be used by the applicant’s son for recording and to host music listening sessions with alcohol allowed (BYOB scenario) and food catered. Assembly within Building 1 (any type of music “event”) will take place in the evening after the print shop has closed.
Building 2:
The existing structure is intended to be renovated for storage use.
Building 3:
Used as a digital print shop.
Building 4:
Offices for the print shop.
Building 5:
Hardy House. A residence is under construction on the property adjacent W. Coll Street and is to be used as a long-term residential rental (a minimum of 30 days) or a bed and breakfast with a resident manager.
Parking for the proposed development breaks down as follows:
|
Building |
Size |
Parking Ratio |
Min. Required |
|
Building 1 |
1,600 s.f. |
Nightclub - 1/75 |
21 |
|
Building 2 |
1,480 s.f. |
Storage - 1/1,000 |
2 |
|
Building 3 |
1,650 s.f. |
Print Shop - 1/300 |
6 |
|
Building 4 |
1,536 s.f. |
Office - 1/300 |
5 |
|
Building 5 |
2,334 s.f. |
Residence/B&B |
2 or 4 |
|
Need: |
Min. |
|
With Shared: |
|
Worst case (B&B) |
38 |
|
27 |
|
Best case (residence) |
36 |
|
25 |
The site plan identifies 27 parking spaces. The applicant proposes to share the parking spaces on the site by restricting the hours of full/event operation for Building 1 to the evening and restricting the hours of Buildings 5 and 6 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 amendment, the applicant is seeking to maintain the previously approved deviations from the Zoning Ordinance requirements as follows:
Setbacks:
• Building 4. 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 5. 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.
Fencing:
• Height. The applicant has constructed the 6-foot tall wooden privacy fence at the property line along the W. Coll Street property line that was approved with the original SUP. The applicant considers this to be the “back entrance” and the fence provides security and shields the commercial activities from the residences across W. Coll Street. The privacy fence extends along the shared property line with Bill Hill Music to the west. The applicant wishes to maintain the location of the fencing.
• Residential buffer. The change in use necessitates residential buffer requirements of a masonry wall and 1 tree for every 25 linear feet. The original SUP did not require additional trees to be planted along the shared property lines with the residences to the east. The property at 1255 W. Coll Street currently has a privacy fence and several mature trees along much of the common line.
Landscaping:
• Business 35 parking lot. Most of the subject property has been utilized historically for parking or vehicular storage; 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 maintain the original SUP requirement to plant 8 ornamental trees 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 Building 1 may be improved with additional trees, shrubs and landscape features to enhance the curbside appeal.
As part of the SUP amendment, the applicant is seeking to include additional deviations from the Zoning Ordinance requirements as follows:
Outdoor Music:
• The applicant is requesting that outdoor music is allowed on the weekends between Noon and 30 minutes after sunset. Existing standards prohibit outdoor music adjacent residential use or residential zoning.
Signage:
• The applicant is requesting to use an existing sign pole to add a freestanding sign to the property. A new sign added to this pole would be restricted to a maximum of 20 feet in height and 50 square feet in area and cannot be an electronic message sign. The existing pole does not meet the 5-foot setback requirement. Existing standards allow for a freestanding monument sign up to 10 feet in height and 60 square feet in area. An electronic message sign is also allowed up to 28 feet in height and 100 square feet for the sign face.
General Information:
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
Floodplain:
No portion of the property is within the 1% annual chance flood zone.
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 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 aesthetics of the Business 35 Corridor.); and
§ Whether the request is consistent with the Comprehensive Plan (The property is located within the New Braunfels Sub-Area and a Transitional Mixed-Use Corridor. It is also near existing Employment and Civic Centers.)
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
|
City Plan/Council Priority: Envision New Braunfels Comprehensive Plan |
Action 1.14 Ensure regulations do not unintentionally inhibit the provision of a variety of flexible and innovative lodging options and attractions. Action 3.3 Balance commercial centers with stable neighborhoods. Action 3.6: Proactively provide a regulatory environment that remains business and resident friendly. |
FISCAL IMPACT:
Rental use of the property as a Bed and Breakfast is subject to hotel occupancy tax (HOT). The property owner will be responsible for remitting these taxes to the City and the State.
Recommendation
STAFF RECOMMENDATION:
Staff recommends approval. The proposed revisions to the SUP restrictions and site plan are minor modifications that will allow for the property owner to have more flexibility in the ultimate design and improvements to the property. The proposed use of the existing pole sign is in character with existing signage along the Business 35 corridor. The alternative site plan allowing increased use of the property will ensure that adequate parking is provided for future use(s).
Notification:
Public hearing notices were sent to 16 owners of property within 200 feet of the request. The City has not yet received any responses.
Attachments:
1. Aerial Map
2. Proposed Restrictions, Parking Agreement and Site Plans
3. Land Use Maps (Zoning, Existing Land Use, Existing Centers, Future Land Use Plan)
4. Photographs
5. Notification List, Map and responses
6. Sec. 3.6 Special Use Permits
7. Ordinance No. 2017-21