Presenter
Presenter
Christopher J. Looney, AICP, Planning and Development Services Director
Contact Info
clooney@nbtexas.org
Subject Header
SUBJECT:
Title
Public hearing and first reading of an ordinance regarding a proposed rezoning of approximately 0.876 of an acre out of the A.M. Esnaurizar Eleven League Grant, Survey No. 1, Abstract No. 1, currently addressed at 548, 556, 560 & 564 Rusk Street, from “M-2” Heavy Industrial District to “C-O” Commercial Office District.
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BACKGROUND / RATIONALE:
Case No.: PZ20-0168
Council District: 5
Applicant: James Ingalls, P.E.
Moeller & Associates
2021 SH 46 W., Ste 105
New Braunfels, TX 78132
(830) 358-7127
plats@ma-tx.com
Owners: Lone Ranger Capital Investments LLC
c/o Nik Petrik
2245 E. 6th St. Ste 103
Austin, TX 78702
Staff Contact: Matthew Simmont, AICP
(830) 221-4058
msimmont@nbtexas.org
The subject property consists of four tracts that are currently used residentially and situated north of Rusk Street and east of Chevrolet Alley. The property is currently zoned for heavy industrial use, but lies on the edge of a residential neighborhood. The immediate area is characterized by a mix of land uses including parking lots, retail and a variety of residential development. The owner of the old River Mill property across the street intends to redevelop it into a mixed-use project at a future date. The site is also in close proximity to the Marketplace shopping center. The applicant has indicated the rezoning request is intended to allow for a multifamily residential development (townhouse style) to be constructed on the property.
Surrounding Zoning and Land Use:
North - M-2 / Single family residence
South - Across Rusk St., M-2 / Old Mill property
East - M-2 / New Braunfels Iron Works - antiques/storage warehouse
West - Across Chevrolet Alley, M-2 / Parking lot and single family residences
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 (C-O encourages mixed-use and density which is compatible with the expanded neighborhood of mixed residential and commercial use. C-O is appropriate along Rusk Street serving as a transition from the River Mill development to the neighborhood. Additionally, the proposed zoning would remove the ability for more intense industrial uses from being allowed on the site.)
§ Whether the change is in accord with any existing or proposed public schools, streets, water supply, sanitary sewers, and other utilities to the area (NBISD was sent notice of this request. The adequacy of public facilities and utilities to serve the property is evaluated by each provider at the platting and permitting stages.);
§ How other areas designated for similar development will be affected (The proposed zoning change should not impact other areas designated for similar development because the requested zoning district is more in keeping and compatible with the surrounding uses than is the existing zoning.);
§ Any other factors that will substantially affect the public health, safety, morals, or general welfare (None identified. Drainage, utility and traffic impact issues will be reviewed and addressed through the platting process.); 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 |
Consistent Actions Action 1.3: Encourage balanced and fiscally responsible land use patterns. Action 1.11: Update policies and codes to achieve development patterns that implement the goals of Envision New Braunfels. Action 3.13: Cultivate an environment where a healthy mix of different housing products at a range of sizes, affordability, densities, amenities and price points can be provided across the community as well as within individual developments. Future Land Use Plan: The property is situated in the New Braunfels Sub-Area and is in close proximity to an existing Market Center and a Future Employment Center. |
FISCAL IMPACT:
N/A
Recommendation
COMMITTEE RECOMMENDATION:
The Planning Commission held a public hearing on October 7, 2020 and recommended approval (8-0-0) of the request with Commissioner Tubb absent.
STAFF RECOMMENDATION:
Approval. C-O allows less intense land uses than the existing M-2 zoning, is appropriate for and compatible with proposed redevelopment continuing to occur in the area, and would serve as a better land use transition from the River Mill than would the currently allowed heavy industrial use, better protecting the residential neighborhood.
Notification:
Public hearing notices were sent to 16 owners of property within 200 feet. The City has received two responses (#3 & 15) in favor and two (#9 & 10) in objection of the rezoning request.
RESOURCE LINKS:
• Chapter 144, Section 3.3-12. “M-2” Heavy Industrial District of the City’s Code of Ordinances:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.3ZODIREPRZOPRJU221987>
• Chapter 144, Section 3.4-17. “C-O” Commercial Office District of the City’s Code of Ordinances:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.4ZODIREPRZOSUJU221987>
ATTACHMENTS:
1. Aerial Map
2. Land Use Maps (Zoning, Existing Land Use, Future Land Use Plan)
3. Notification List, Map and Responses
4. Zoning District Comparison Chart (C-O & M-2)
5. Planning Commission Meeting Draft Minutes
6. Ordinance