PRESENTER: Presenter
Christopher J. Looney, AICP, Planning & Development Services Director
Body
SUBJECT: Title
Public hearing and first reading of an ordinance regarding a proposed rezoning of approximately 0.9642 acres from “R-2” Single and Two-Family District to “C-1A” Neighborhood Commercial District, in the City Block 5054 Subdivision, Lot 7-8-9-10-11-12, addressed at 257 E. South Street.
Header
DEPARTMENT: Planning and Development Services
Body
COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
CASE #: PZ22-0324
Owner/Applicant: Matthew E. Hoyt
444 W. Edgewater Terrace
New Braunfels, TX 78130
(254) 744-0312 | matthewehoyt@gmail.com
Staff Contact: Laure Middleton
(830) 221-4054 | Lmiddleton@newbraunfels.gov
The subject property is located on the north side of E. South Street, bordered on the east by S. Houston Avenue and on the west by S. Washington Avenue, comprising approximately half of City Block 5054.
Surrounding Zoning and Land Use:
North - R-2 / Single-family residences
South - Across E. South St., R-2 and R-3 / Single-family residences
East - Across S. Houston Ave., R-2 / Single-family residences
West - Across S. Washington Ave., R-2 / Single-family residence
ISSUE:
The subject property is the location of Eagle’s Hall, originally constructed in 1870 with renovations taking place in 1922. Eagle’s Hall was used for community assembly, an event center, and as a dance hall since at least 1958 until its sale in September 2021.
The subject property is surrounded by single-family and two-family residential zoning with the exception of one property (202 E. South Street) that is zoned R-3 and appears to be improved with an owner-occupied single-family residence. The subject property is not located within any special district, historic overlay or other overlay district, and the current R-2 zoning allows typical single and two-family residential development in addition to a few non-residential uses including a community building that is associated with residential use (such as an HOA amenity center). With the current R-2 zoning, the uses previously undertaken by the Eagle’s Hall are therefore considered non-conforming.
The applicant is requesting the subject property be rezoned to “C-1A” Neighborhood Commercial District, which is intended to provide office, business and professional services, and light retail and commercial uses to serve adjacent neighborhoods. The uses allowed in C-1A are typically clustered at major intersections of collector streets near the perimeters of residential neighborhoods. No major shopping or office centers are allowed in this district.
Eagle’s Hall is located in the interior of a neighborhood, not at a major intersection or on collector streets. The intensity of some of the uses allowed in C-1A would not be compatible with the surrounding homes. “C-O” Commercial Office District, on the other hand, is intended to create opportunities for small-scale mixed use. It encourages adaptive reuse of existing buildings or new small-scale offices in areas that are compatible, sensitive to the surroundings and facilitate historic integrity. C-O is not intended to generate excess additional traffic or access problems.
The applicant indicates on their application that the purpose for the change in zoning is to allow office uses and less intense activity than previously facilitated at Eagle’s Hall. Staff recommends C-O zoning which allows the proposed use of office, is less intensive overall, and is more compatible with the surrounding neighborhood. C-O would be consistent with the following actions from Envision New Braunfels:
Action 1.3: Encourage balanced and fiscally responsible land use patterns.
Action 1.6: Incentivize infill development and redevelopment to take advantage of existing infrastructure.
Action 3.3: Balance commercial centers with stable neighborhoods.
Action 3.4: Revitalize the core of New Braunfels to ensure balanced development.
Future Land Use Plan: The subject property is located within the New Braunfels Sub Area, near existing Recreation, Medical, Tourist, Civic, and Employment Centers, and within a short drive or bicycle ride to the Downtown New Braunfels.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Due to the surrounding stable neighborhood, staff recommends “C-O” Commercial Office District as a less intense district to allow office use and limit the potential intensity of commercial uses within the neighborhood.
The Planning Commission held a public hearing on September 7, 2022, and recommended approval of “C-1A” Neighborhood Commercial District (7-2) with Commissioner Tubb and Commissioner Allen in opposition.
Mailed Notification pursuant to state statute:
Public hearing notices were mailed to 19 owners of property within 200 feet of the subject property. To date, 5 responses have been received in opposition from property numbers 3, 10, 15, 17, and 18 on the notification map, and none in favor.
Resource Links:
Chapter 144, Sec. 3.3-11 (R-2) 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, Sec. 3.4-3 (C-1A) 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, Sec. 3.4-3 (C-O) 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>