PRESENTER: Presenter
Christopher J. Looney, AICP, Planning and Development Services Director
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SUBJECT: Title
Public hearing and first reading of an ordinance regarding a proposed rezoning to apply a Special Use Permit to allow a variety of residential and non-residential development on approximately 49.5 acres out of the A-103, Sarah Dewitt Survey, addressed at 614 & 720 W. Zipp Road, from “R-1A-6.6” Single Family District to allow uses allowed in the following zoning districts: “MU-B” High Intensity Mixed Use, “R-1A-4” Single-Family Small Lot Residential, “ZH-A” Zero Lot Line Home and “R-2A” Single and Two-Family Residential.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: Council District 2
BACKGROUND INFORMATION:
Owner &
Applicant: HMT Engineering & Surveying (Thor Thornhill)
290 S. Castell Avenue, Suite 100
New Braunfels, TX 78130
(830) 625-8555 plats@hmtnb.com
Owner: Gregory Family Revocable Trust (Rosemarie L. Gregory)
436 Lakeview Boulevard
New Braunfels, TX 78130
Staff Contact: Matthew Simmont
(830) 221-4058 msimmont@nbtexas.org
The approximately 50-acre tract is located south of the intersection of South Walnut Avenue and West Klein Road. The subject property is approximately 871 feet wide and extends southeast to West Zipp Road. A portion of the property is currently improved with two single-family residences with most of the property being undeveloped.
ISSUE:
The subject property is currently zoned R-1A-6.6; a zoning district that is intended for development of primarily detached, single-family residences and accessory uses on lots of at least 6,600 square feet in size. The zoning districts that are included in the applicant’s proposal would allow for a wider array of uses to include the following:
• R-1A-4 - smaller scale single family residences and accessory uses on lots of at least 4,000 square feet in size.
• R-2A - single-family residences and accessory uses on lots of at least 6,600 square feet in size and two-family residences on lots of at least 8,000 square feet in size.
• ZH-A single-family residences on compact lots (4,000 square feet minimum) having one side building setback reduced to zero feet or requiring five-foot setbacks on both sides.
• MU-B - provides for a mixture of more intense retail, office, and industrial uses in close proximity to enable people to live, work and shop in a single location. This district also allows for multifamily development(apartments & condominiums).
The applicant’s proposed Type 2 Special Use Permit (SUP) would allow for a wide variety of residential and non-residential development to occur on the property, subject to proposed development standards and site plan restrictions.
Development of the property will include the extension of South Walnut Avenue, a Principal Arterial on the City’s thoroughfare plan (up to 120 feet of right-of-way width), along the northeastern boundary of the property.
The applicant has indicated the intent of this request is to bring together an assortment of compatible commercial and residential uses to take advantage of the arterial intersection.
Surrounding Zoning and Land Use:
North - Across W. Klein Rd., C-1B & APD / Single-family residence and undeveloped
South - Across W. Zipp Rd., Outside City Limits / Single family residences
East - APD / Single family residences
West - R-1A-6.6 / Ridgemont Subdivision - single family residences
The proposed Special Use Permit is consistent with the following actions from Envision New Braunfels:
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.
Action 3.22: Encourage venues within walking distance of neighborhoods and schools.
The property is situated in the Walnut Springs Sub-Area, at an intersection of two Transitional Mixed-Use Corridors, is within an Existing Employment Center, near an Existing Education Center, and within a Future Market Center.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
The Planning Commission held a public hearing on May 4, 2021 and recommended approval (7-1) with Commissioner Tubb objecting and with the following conditions:
1. The 125-foot-wide area restricted to R-1A-4, ZH-A and R-2A Zoning is extended to the north corner of Lot 6, Block 4, Ridgemont Unit 1.
2. A drainage facility is to be located adjacent to Unit 1 of the Ridgemont Subdivision and W. Klein Road.
3. No windows or balconies on the second story of residences abutting Ridgemont, Units 1, 2B and 4 are permitted to face Ridgemont, Units 1, 2B and 4.
Staff recommends approval as proposed by the applicant, with a condition that during the design phase of the extension of Walnut Avenue, if it is determined that the developer is to install landscaped medians, the medians will include code- and city spec-compliant irrigation for the City’s long-term maintenance. The applicant’s proposal to create a mixed-use development with a variety of residential opportunities is consistent with ongoing development in the area and is supported and encouraged by Envision New Braunfels.
Use of the identified zoning districts is intended to provide flexibility with the type and variety of uses allowed on the property. It will encourage an integrated mix of uses that are beneficial to the neighborhood and Existing Education and Employment Centers, and will assist with buildout of the Future Market Center to serve the neighborhood. The proposed development standards and site plan help to ensure that the type and scale of development is appropriate with existing and future adjacent land uses, along with the added flexibility of having multiple land uses available creating opportunities for walkable scale development which is consistent with current trends as well as Envision New Braunfels. In addition, the development standards will serve to increase pedestrian mobility and enhance the streetscape along the extension of Walnut Avenue.
Notification:
Public hearing notices were sent to owners of 46 properties within 200 feet of the request. The City has received one neutral response and eight responses in objection (#2, 10-13, 24, 37 & 39) to the re-notification of the request. Responses received from outside of the notification area with the original version of the SUP request are included in Attachment 4.
Resource Links:
• 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_S144-3.4ZODIREPRZOSUJU221987>
• Chapter 144, Section 3.4-3. “R-2A” 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_S144-3.4ZODIREPRZOSUJU221987>
• Chapter 144, Section 3.4-9. “ZH-A” Zero Lot Line Home 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 3.4-11. “MU-B” High 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>
• Chapter 144, Section 3.6 (SUP) of the City’s Code of Ordinances:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.6SPUSPE>
Attachments:
1. Aerial Map
2. Land Use Maps (Zoning, Existing Land Use, Future Land Use Plan)
3. Proposed Development Standards and Site Plan
4. Notification List, Map and Responses
5. Draft Planning Commission Meeting Minutes from May 4, 2021
6. Draft Ordinance