PRESENTER: Presenter
Jean Drew, AICP, CNU-A, Planning & Development Services Assistant Director
Body
SUBJECT: Title
Public hearing and first reading of an ordinance regarding a proposed rezoning to apply a Special Use Permit to allow a martial arts school in the C-O Commercial Office District on Lot 9, Block 2, Green Valley Estates, addressed at 104 Melody Lane.
Header
DEPARTMENT: Planning and Development Services
Body
COUNCIL DISTRICTS IMPACTED: 6
BACKGROUND INFORMATION:
Case #: SUP22-166
Applicant: INK Civil
James Ingalls P.E.
2021 W SH46, Suite 105
New Braunfels, TX 78132
(830) 358-7127
plats@ink-civil.com
Owners: Jack and Cynthia Whitworth
229 Pecan Estates
New Braunfels, TX 78130
(830) 214-3370
Staff Contact: Matthew Simmont
(830) 221-4058 msimmont@nbtexas.org
The 0.74-acre subject property is located on the southwest corner of the intersection of Melody Lane and E. Green Valley within a single-family residential subdivision. The property is improved with commercial structures and storage buildings that were constructed in 1971 and 2015 and most recently occupied with a stained-glass art studio.
C-O is intended to generate opportunities for professional office and residential mixed-use. The applicant is requesting this Special Use Permit (SUP) to allow a martial arts training business to operate on the property. The two largest buildings contain approximately 4,400 square feet of gross floor area. At least twelve paved off-street parking spaces are existing on the property.
Surrounding Zoning and Land Use:
North - Across E. Green Valley, B-1 / Single-family residences
South - Across Melody Ln., B-1 / Single-family residences
East - Across Melody Ln., B-1 / Single-family residences
West - B-1 / Single-family residence
ISSUE:
The proposed rezoning is 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 2.14 Create opportunities for youth to be physically active, thereby reducing childhood obesity.
• Action 3.6 Pro actively provide a regulatory framework that remains business and resident friendly.
• Action 3.22 Encourage venues within walking distance of neighborhoods and schools.
• Action 5.11 Engender opportunities for new partnerships with neighboring and nearby entities that expand capacity.
Future Land Use Plan: The property lies within the Walnut Springs Sub Area within Existing Education, Civic, Employment, Market, Medical, Outdoor Recreation and Tourist Center Areas and near a Transitional Mixed-Use Corridor.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Approval with the condition listed below. Use of the subject property for a martial arts school would be consistent with the intent of C-O, and would provide an opportunity for a neighborhood friendly business to operate that can provide convenient and healthy activities for residents.
1. All martial arts activities are to take place indoors without open doors and windows to prevent errant sounds from traveling into the neighborhood.
The Planning Commission held a public hearing on June 7, 2022 and recommended approval with staff’s recommended condition (9-0).
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 27 properties within 200 feet of the request. The City has received two responses in objection (#19 & 25) and none in favor from owners of property within the notification area.
Resource Links:
• Chapter 144, Section 3.4-4. “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>
• Chapter 144, Section 3.6 Special Use Permits 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>