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 the proposed rezoning of approximately 0.938 of an acre out of the A.M. Esnaurizar Eleven League Grant, Subdivision No. 107, addressed at 187 Prairie View Lane, from “APD” Agricultural/Pre-Development District to “C-2A” Central Business District.
Body
BACKGROUND / RATIONALE:
Case No.: PZ20-0167
Council District: 2
Applicant: Moeller & Associates (James Ingalls, P.E.)
2021 SH 46 W, Ste. 105
New Braunfels, TX 78132
(830) 358-7127 - jamesingalls@ma-tx.com
Owner: Dianna Lynn Scott
187 Prairie View
New Braunfels, TX 78130
(830) 660-4328
Staff Contact: Matt Greene
(830) 221-4053
mgreene@nbtexas.org
The subject property is comprised of 0.938 of an acre on the west side of the terminus of Prairie View Lane, a local street off State Highway 46 East approximately 1,200 feet in length to its dead-end. Properties on Prairie View Lane are primarily large lots occupied by single family residences with some undeveloped parcels used for agricultural purposes. However, there is a commercial property at the entrance to the neighborhood at the corner of Prairie View Lane and State Highway 46 East, and a plumbing contractor’s office situated in the middle of the block that was approved through a Special Use Permit in 2013.
The applicant is seeking a zoning change to C-2A as it is the only zoning district that allows both two-family residential use and office/warehouse use, which are the owner’s desired options for use of the property.
The “C-2A” Central Business District is a high-density mixed-use district intended for a central business district (CBD) of the city. CBDs include downtowns, but can also include nodes of intense activity that often form in other parts of a community. Medical Centers, Power Retail Centers, and Office Campuses often become secondary CBDs as cities grow. The majority of New Braunfels’ C-2 and C-2A zoning is in Downtown and Gruene.
Surrounding Zoning and Land Use:
North - APD / Single-family residence and undeveloped property
South - APD / Single-family residence
East - Across Prairie View Ln., APD / Agricultural
West - R-1A-6.6 / Single-Family Homes and Drainage Easement
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-2A is a high-density mixed-use district intended for a CBD. The subject property is not in close proximity to an existing high intensity node. In addition, the immediate area is currently not zoned commercial nor developed with commercial uses.)
• 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. CISD has been notified of the request.)
• How other areas designated for similar development will be affected (The proposed zoning would allow high-density non-residential uses within a low-density residential neighborhood.)
• Any other factors that will substantially affect the public health, safety, morals, or general welfare (If the requested rezoning is approved, commercial development would be required to adhere to residential buffer and landscaping standards. Drainage, utility and traffic impact will be reviewed and addressed through the platting and permitting processes. The requested zoning change could introduce commercial traffic onto a residential street.)
• Whether the request is consistent with the Comprehensive Plan: See below
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
|
City Plan/Council Priority: Envision New Braunfels |
Conflicting Actions: Action 1.3: Encourage balanced and fiscally responsible land use patterns. Action 3.3: Balance commercial centers with stable neighborhoods. Future Land Use Plan: The property lies within the Oak Creek Sub Area near an Existing Civic Center. A Future Market Center is predicted along Barbarosa Road to the east when future cross connections are made. |
FISCAL IMPACT:
N/A
Recommendation
COMMITTEE RECOMMENDATION:
The Planning Commission held a public hearing on November 4, 2020 and recommended denial of the request (6-0-0, with Chair Edwards, and Commissioners Gibson and Tubb absent).
STAFF RECOMMENDATION:
Denial. C-2A is intended for high density mixed-use central business district (CBD) uses. The subject property is located on a rural Local Street in a residential neighborhood several miles from areas of the City intended for C-2A zoning. The commercial uses listed in the C-2A district are not compatible with the surrounding zoning and land uses and would have an impact on neighbors.
After receiving the applicant’s application for the zoning change, Staff informed the applicant that C-2A zoning was not appropriate for the subject property based upon the purpose and intent of the C-2A District and the location of the subject property. Staff recommended the applicant consider applying for a Special Use Permit (SUP) instead. Application for an SUP would be the most appropriate method of request to satisfy the property owner’s intent to allow one of the two specific uses on the property: duplex and office/warehouse. With an SUP, the uses of the property would be limited and additional buffering/setback/screening requirements could be adopted as part of the SUP ordinance to mitigate potential negative impacts on adjacent residential neighbors.
Notification:
Public hearing notices were sent to 12 owners of property within 200 feet of the request. The City has received no responses at this time. The notification for property owner #2 was returned from the Post Office as “undeliverable”. Staff verified the mailing label matched the mailing address information of record with the Guadalupe Appraisal District.
RESOURCE LINKS:
• Chapter 144, Sec. 3.4-1 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, Secs. 3.4-14 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. Photographs of Subject Property
3. Land Use Maps (Zoning, Existing and Future Land Use)
4. Notification List and Map
5. Ordinance