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File #: 20-824    Name:
Type: Ordinance Status: Individual Item Ready
File created: 11/5/2020 In control: City Council
On agenda: 11/23/2020 Final action:
Title: Public hearing and first reading of an ordinance regarding a proposed rezoning of approximately 2.071 acres addressed at 2932 & 2910 IH 35 S from "C-3" Commercial District and "R-2" Single-Family and Two-Family District to "MU-A" Low-Intensity Mixed Use District.
Attachments: 1. Aerial Map, 2. Land Use Maps (Zoning, Existing Land Use, Future Land Use), 3. Notice List and Map, 4. Excerpt of Minutes from November 4, 2020 Planning Commission Regular Meeting, 5. Ordinance

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 2.071 acres addressed at 2932 & 2910 IH 35 S from “C-3” Commercial District and “R-2” Single-Family and Two-Family District to “MU-A” Low-Intensity Mixed Use District.

 

Body

BACKGROUND / RATIONALE:

Case No.:                                                               PZ20-0227

 

Council District:                                          1

 

Applicant/Owner:                                          City of New Braunfels

                                                                                    550 Landa Street

                                                                                    New Braunfels, TX 78130

 

Staff Contact:                                          Maddison O’Kelley                     

                                                                                    (830) 221-4056

                                                                                    mokelley@nbtexas.org

 

The subject 2.071-acre property is located on the IH 35 southbound frontage road and is home to the Westside Community Center. The property consists of two unplatted tracts that are in the process of being platted into a single lot.

 

Rezoning the subject property “MU-A” Low-Intensity Mixed Use District will allow the Westside Community Center Library Expansion setbacks similar to the existing Westside Community Center. The library expansion is a quality of life project approved by our citizens in the 2019 bond election. The MU-A District is intended to allow a mix of uses in close proximity to promote people to live, work, and shop in one location. Therefore, the non-residential land uses allowed within the MU-A District are low in intensity and are compatible with the surrounding neighborhood.

 

Surrounding Zoning and Land Use:

North -                      R-2 and C-1B / Single family residences and offices

South -                      Across Interstate 35, C-3 / Single family residences

East -                                           Across S. Krueger Avenue, C-3 / Offices

West -                      M-1 / City Fire Station

 

Determination Factors:

In making a decision on zoning, the following factors are to be considered:

§                     Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned, and their relationship to the general area and to the city as a whole (The existing use of the property as a community center and the proposed use for a public library branch is compatible with the neighboring residential uses in the area.);

§                     Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area (Utility provision will be evaluated by providers at the time of platting and permitting. The school district was notified of the proposal.);

§                     How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved (The proposed rezoning should not negatively affect other areas designated for similar development.);

§                     Any other factors that will substantially affect the public health, safety, morals, or general welfare (None identified. Drainage, utility, and traffic impact will be reviewed and addressed through the platting and building permit processes.);

§                     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 Comprehensive Plan

Consistent Actions:  Action 1.3: Encourage balanced and fiscally responsible land use patterns.  Action 1.7: Target infrastructure investments to support a growing population in preferred locations.  Action 1.11: Update policies and codes to achieve development patterns that implement the goals of Envision New Braunfels.  Action 2.18: Build library branches and expand community spaces commensurate with population growth.  Future Land Use Plan: The subject property lies within the Oak Creek Sub Area, along a Transitional Mixed-Use Corridor (IH-35), and within an Existing Civic Center.

 

FISCAL IMPACT:

The proposed Westside Community Center Library Branch project was approved as part of the 2019 Bond Election.

 

Recommendation

COMMITTEE RECOMMENDATION:

The Planning Commission held a public hearing on November 4, 2020 and recommended approval (6-0-0 with Chair Edwards, and Commissioners Tubb and Gibson absent).

 

STAFF RECOMMENDATION:

Approval. The MU-A District is an appropriate low-intensity district that is compatible with the surrounding land uses and allows for desired improvements approved by voters in the bond election, and in accordance with the Comprehensive Plan - Envision New Braunfels.

 

Notification:

Public hearing notices were sent to 10 owners of property within 200 feet. The City has received no responses.

 

RESOURCE LINKS:

                     Chapter 144, Section 3.3-2. “R-2” Single-Family and Two-Family 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 3.3-9. “C-3” Commercial 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 3.4-10 "MU-A" Low Intensity Mixed Use 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 and Map

4.                     Excerpt of Minutes from November 4, 2020 Planning Commission Regular Meeting

5.                     Ordinance