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File #: 21-156    Name:
Type: Ordinance Status: Individual Item Ready
File created: 2/3/2021 In control: City Council
On agenda: 2/22/2021 Final action:
Title: Public hearing and first reading of an ordinance regarding a proposed rezoning of approximately 68.05 acres out of the O. Russell Survey No. 2, Abstract No. 485, located at the northern corner of the intersection of Goodwin Lane and Orion Drive, from "APD" Agricultural/Pre-Development District to "R-1A-4" Single-Family Small Lot Residential and "R3-H" Multifamily High Density District.
Attachments: 1. Aerial, 2. Land Use Maps, 3. 8 - Zoning Exhibit, 4. Notification List, Map and Responses, 5. Draft Minutes for Planning Commission, 6. Ordinance draft
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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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 68.05 acres out of the O. Russell Survey No. 2, Abstract No. 485, located at the northern corner of the intersection of Goodwin Lane and Orion Drive, from “APD” Agricultural/Pre-Development District to “R-1A-4” Single-Family Small Lot Residential and “R3-H” Multifamily High Density District.

 

Body

BACKGROUND / RATIONALE:

Case No.:                                                                                    PZ20-0329

 

Council District:                                          4

 

Applicant:                                                                                    James Ingalls, P.E.

                                                                                    Moeller & Associates

                                                                                    2021 SH 46W, Ste. 105

                                                                                    New Braunfels, TX 78132

                     (830) 358-7127

                     plats@ma-tx.com

 

Owner:                                                                                    EB Industries

                                                                                    Richard Byrd

                                                                                    (251) 510-1118

                                                                                    rbyrd@aspengroverealty.com

 

Staff Contact:                                           Matthew Simmont, AICP

                                                                                    (830) 221-4058

                                                                                    msimmont@nbtexas.org

                                                               

The approximately 68-acre tract is located north of the intersection of Goodwin Lane and Orion Drive. It is up to approximately 1,200 feet wide and 3,000 feet deep, extending northwest with Orion Drive frontage to Nebel Street and Alster. The unimproved property is in agricultural production, a portion of which lies within the Alligator Creek floodplain. The applicant has indicated they are making this request to allow for a 520-unit residential development.

 

Surrounding Zoning and Land Use:

North -                      Alster, Wasser Ranch PD / Local street and railroad

South -                      Across Goodwin Ln., Oak Creek Estates PD and ZH-A / Single family residences (Creekside Farms and Oak Creek Estates) and Alligator Creek)

East -                      Wasser Ranch PD / Single family residences and Alligator Creek

West -                      Across Orion Drive, M-1A, MU-B and APD / Duplex residences and a planned manufactured home community.

 

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 (R-3H adjacent to this key intersection creates opportunities for encouraged housing variety and density which is generally compatible with the expanding neighborhood of residential 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 (CISD 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.);

§                     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:

City Plan/Council Priority: Envision New Braunfels Comprehensive Plan

Action 1.3: Encourage balanced and fiscally responsible land use patterns.  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 Oak Creek Sub-Area near Existing Employment, Market and Education Centers.

 

FISCAL IMPACT:

N/A

 

Recommendation

COMMITTEE RECOMMENDATION:

The Planning Commission held a public hearing on February 2, 2021 and recommended approval (9-0-0).

 

STAFF RECOMMENDATION:

Approval. The applicant’s proposal to create a residential development with a variety of housing types is consistent with ongoing development in the area, which is transitioning from available industrial opportunities to residential. It is, therefore, supported by the Comprehensive Plan as noted above, as well as the Workforce Housing Study.

 

Notification:

Public hearing notices were sent to 26 owners of property within 200 feet. The City has received one response (# 16) in objection.

 

RESOURCE LINKS:

                     Chapter 144, Section 3.4-1. “APD” Agricultural / Pre-Development 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>

                     Chapter 144, Section 3.4-2. “R-1A-4” Single-Family Small Lot Residential District of the City’s Code of Ordinances:

 

                     https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.4ZODIREPRZOPRJU221987• <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.4ZODIREPRZOSUJU221987>Chapter 144, Section 3.4-5. “R-3H” Multifamily High Density 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.                     Proposed Zoning Exhibit

4.                     Notification List, Map and Responses

5.                     Excerpt of Minutes from the February 2, 2021 Planning Commission Meeting

6.                     Draft of Ordinance