Presenter/Contact
Presenter
Applicant: Allen Shy; Owner: Sharon Guenther
Contact Info
(512) 627-5459 - shyinvestments@gmail.com
Subject Header
SUBJECT:
Title
SUP20-165 Public hearing and recommendation to City Council regarding a proposed rezoning to apply a Special Use Permit to allow an RV park in the “C-1Br37” General Business District with restrictions, on approximately 6 acres out of the A P Fuquay Survey 35 A-155, located on the northwest corner of FM 306 and Hunter Road.
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BACKGROUND / RATIONALE:
Case No.: SUP20-165
Council District: 4
Applicant: ShyPenn, Ltd.
Allen Shy
2686 Black Bear Drive
New Braunfels, TX 78132
(512) 627-5459
shyinvestments@gmail.com
Property Owner: Sharon Guenther
315 Roseheart
San Antonio, TX 78259
(210) 809-6000 (Ty West)
Staff Contact: Holly Mullins
(830) 221-4054
hmullins@nbtexas.org
The subject property is located on the southwest side of FM 306 at its intersection with Hunter Road. In 1996, the property was rezoned from R-2 Single and Two-family District to C-1B General Business District, with restrictions added that limit allowed uses (see attached list). Restrictions added to a zoning district is a former practice that is no longer allowed, but existing such restrictions can remain.
Although an RV park is normally an allowed use in the C-1B district, it was not included with the aforementioned restrictions. This Type 2 Special Use Permit (SUP) request is to allow an RV Park on approximately 6 acres for 56 RV sites, subject to the attached site plan. The applicant states the park will be fenced along Old FM 306, and that they will preserve as many of the large trees on the property as possible, located near Hunter Road. The remainder of the property has been in agriculture production and is without trees. The removal of any protected or heritage trees is subject to obtaining a tree removal permit and planting of replacement trees pursuant to adopted ordinance. The Zoning Ordinance does not have any minimum landscaping or buffering requirements adjacent to FM 306. Any exterior lighting must meet the definition of “fully shielded” and comply with the lighting standards of the Zoning Ordinance section 118-5.3-3.
Old FM 306 right-of-way bisects the property and at one time had a connection to FM 306. When the FM 306 railroad overpass was constructed, the connection was removed, and Old FM 306 pavement now ends in a cul-de-sac as shown on the aerial map. The applicant has submitted a separate request for the abandonment and sale of the unpaved portion of right-of-way, and that request is currently being reviewed by the City, TxDOT, and utility providers.
Because a portion of the property currently has no paved access, the applicant states he is unlikely to purchase the land if the right-of-way cannot be acquired. Due to timing constraints, he chose to submit the two processes simultaneously and if one fails he will likely withdraw the other.
Several uses allowed under the C-1Br37 zoning state that access may only be taken from FM 306, and is prohibited from Old FM 306. The railroad overpass has elevated FM 306 along the subject property, eliminating any possible access points. The proposed site plan does include two driveways from the paved portion of Old FM 306. Improvements to the pavement width of Old FM 306 will be required with the platting process.
Surrounding Zoning and Land Use:
North - Across RR tracks, R-2/ Industrial, Comal Iron & Metal
South - Across Hunter, R-3, C-4A, C-1A/ Rental cottages; convenience store with fuel
East - Across FM 306, M-1/ Undeveloped
West - Across Old FM 306, R-2/ Single-family residence; undeveloped
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 site is located at the intersection of a principal arterial (FM 306) and a minor collector (Hunter Road), and in close proximity to several visitor attractions. No access through established neighborhoods is required.);
§ Whether the change is in accord with any existing or proposed public schools, streets, water supply, sanitary sewers, and other utilities to the area (There do not appear to be any conflicts with these elements.);
§ How other areas designated for similar development will be affected (There should be no impact on other areas designated for similar development.);
§ Any other factors that will substantially affect the public health, safety, morals, or general welfare (No factors have been identified.); and
§ Whether the request is consistent with the Comprehensive Plan. (See below)
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
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City Plan/Council Priority: Envision New Braunfels Comprehensive Plan |
Action 1.3: Encourage balanced and fiscally responsible land use patterns. Action 1.6: Incentivize infill development and redevelopment to take advantage of existing infrastructure. Action 1.14 Ensure regulations do not unintentionally inhibit the provision of a variety of flexible and innovative lodging options and attractions. Future Land Use Plan: The subject property is located within the New Braunfels Sub-Area (1) and near an Existing Tourist/Entertainment Center and a Future Market Center. |
FISCAL IMPACT:
N/A
Recommendation
STAFF RECOMMENDATION:
Approval with the following conditions:
1. The property will be developed in compliance with the approved site plan. Any significant changes to the site plan will require a revision to the SUP.
2. All standards of the Zoning Ordinance will be met.
3. A solid decorative screening fence, at least six feet in height, will be erected along Old FM 306.
4. A minimum of one 2-inch caliper shade tree per RV pad site (56) shall be planted within the RV park.
5. The park will observe “quiet hours” between 10:00 p.m. and 7:00 a.m. each day.
Notification:
Public hearing notices were sent to 8 owners of property within 200 feet of the request. To date, the City has received no responses.
RESOURCE LINKS:
• Chapter 144, Sec. 3.4-13 of the City’s Code of Ordinances (C-1B): <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.4ZODIREPRZOSUJU221987>
• Chapter 144, Sec. 3.6 of the City’s Code of Ordinances (Special Use Permits):
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.6SPUSPE>
ATTACHMENTS:
• Aerial Map
• Land Use Maps (Zoning, Existing Land Use, Future Land Use Plan)
• Applicant’s Documentation and Site Plan
• C-1Br37 Uses
• Notification List and Map