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 requested rezoning of property, currently addressed at 1720 Hunter Road, from “R-2” Single-Family and Two-Family District to “C-1A” Neighborhood Commercial District with a Special Use Permit to allow the addition of coffee roasting and related warehousing with an existing coffee shop on approximately 0.85 of an acre out of Lot 12E, the Resubdivision plat of Lots 12A-12F, Block H, Cypress Rapids at Gruene Section 1.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: Council District 1
BACKGROUND INFORMATION:
Case No.: SUP22-221
Applicant: Gruene Coffee Haus (Rick Shuck)
27238 Indian Crest
San Antonio, TX 78261
210-421-9279 | Rick@timbercon.net
Owner: Larry Lehr
39 Stonecrest Circle
New Braunfels, TX 78132
(830) 708-4446 | larryblehr@gmail.com
Staff Contact: Stacy Snell
(830) 221-4051 | ssnell@nbtexas.org
The subject property is a flag lot situated off Hunter Road behind the Adobe Verde Restaurant. The property is improved with a commercial structure which is currently used for a coffee shop and retail sales. The property is split-zoned with “C-1 AH” Neighborhood Business Airport Hazard Overlay District for approximately 338 feet from the property’s frontage along Hunter Road, and “R-2 AH” Single-Family and Two-Family Airport Hazard Overlay District on the remaining rear portion of the property.
The applicant is requesting to rezone approximately 0.85 of an acre of the rear portion of the subject property from R-2 AH to C-1A AH SUP (Neighborhood Business Airport Hazard Overlay District with a Special Use Permit to allow coffee roasting and related warehousing with a coffee shop). The requested coffee roasting and related warehousing would be an expansion of the operations of the existing coffee shop on the property.
The property is located within the Outer Precision Approach Zone of the Airport Hazard Overlay for building height. This overlay does not impact the proposed development.
Surrounding Zoning and Land Use:
North - Across Hunter Road, “R-1 AH” and “C-2Ar33 AH” / Retail (Natural Selections) and vacant land
South - “R-2” / Unimproved parking lot
East - “R-1 AH” / Single-family dwellings (Cypress Rapids at Gruene subdivision)
West - “C-1 AH” and “R-2 AH” / Retail (Got Toys)
ISSUE:
The R-2 zoning at the rear of the property is inconsistent with the existing development on the subject and surrounding property. The applicant’s request to rezone the R-2 portion of the property to an appropriate commercial district would allow for the development of land uses that are compatible with the adjacent residential neighborhood and in keeping with the development that has occurred within the area. The requested SUP to allow coffee roasting with related warehousing is necessary because these uses are not allowed in C-1A and the proposed SUP will allow for the expansion of the services offered by the existing coffee shop.
Coffee roasting is not a specified use within the current Zoning Ordinance; and the term Food Processing is not defined. Taking a conservative approach for interpretation utilizing the specific words of the activity of processing a food product, staff categorized the coffee roasting as food processing. Food processing is currently allowed within the industrial and high intensity mixed use zoning districts. During the public hearing process, concerns were raised regarding food processing activities and associated state licensing requirements. In response to these concerns, Staff conducted additional research regarding the state’s food processing permits and discovered that any business that prepares and packages food or drink products to be sold in individual containers to the public must have a state food processing permit. Currently there are approximately 125 food processing permits for existing businesses operating all over the city, including Gruene. They include: every store that sells bagged ice or bottled water on the premises; any restaurant, bakery, gift shop, grocery store, or meat market that bottles, packages and sells edible or drinkable goods to the public; and, a home occupation packaging seasonings.
The site plan provided by the applicant indicates a proposed 3,500 square foot, single-story structure to enclose the coffee roasting use with a maximum of two roasters and the related warehousing. Parking is shown to be provided on two separates lots under the same ownership of the subject property. The applicant will need to enter into an approved off-site parking agreement to allow any required parking to be located on a separate lot prior to permit issuance.
The zoning ordinance requires non-residential development to provide increased setbacks and buffering adjacent to land used or zoned for residential use. The purpose for these standards is to minimize the impact non-residential land uses can have on adjacent residences. Although the subject area to be rezoned is surrounded by the R-2 residential zoning district, the properties to the south and west of the subject property are unlikely to be developed for residential use as they are/have been used consistently for parking for other businesses in Gruene. The applicant is requesting three deviations (see attachment) from the zoning ordinance with their SUP request:
• A rear setback of 10 feet instead of the required 20-foot rear setback and the residential setback for non-residential uses in the C-1A district. The applicant states the rear property line abuts land that is used as a parking area and is unlikely to be developed into residential dwellings in the future, therefore, the reduced setback will have minimal impact on the adjacent property. Staff is not opposed to the reduced setback as the adjacent property is unlikely to be developed with a residential use. And;
• To not construct the residential buffer, including a 6 to 8-foot tall masonry wall and trees, along the eastern property line shared with adjacent property zoned and used for residential dwellings. The applicant states that in not requiring the masonry buffer wall and residential buffer trees to be planted, existing mature trees can be preserved which provide more privacy than the buffer requirements would achieve. Staff notes the existing trees can contribute to the calculations of the residential buffer tree requirement if they are a protected species, as defined in the Zoning Ordinance. Additionally, the lack of masonry walls along this property line has contributed positively to the rustic atmosphere of Gruene. However, the Zoning Ordinance does provide an administrative process that allows the requestor to seek permission from adjacent residential property owners to waive the masonry wall requirement. And;
• To not construct the residential buffer, including a 6 to 8-foot tall masonry wall and trees, along the southern property line shared with adjacent property zoned residential but used for a nonconforming commercial parking lot. Staff concurs that the adjacent property is unlikely to ever be developed with a residential use and, therefore, a residential buffer wall would be unnecessary.
In addition to the buffering and setback requirements, there are additional provisions in the zoning ordinance that will be required at the time of development to minimize the impact on adjacent residential property such as maximum light height and light fixture shielding.
The proposed rezoning would be consistent with the following actions from Envision New Braunfels:
o Action 1.3: Encourage balanced and fiscally responsible land use patterns.
o Action 1.6: Incentivize infill development and redevelopment to take advantage of existing infrastructure.
o Action 3.1: Plan for healthy jobs/housing balance.
o Action 3.3: Balance commercial centers with stable neighborhoods.
o Action 3.6 Pro actively provide a regulatory environment that remains business and resident friendly.
Future Land Use: The property is situated within the New Braunfels Sub-Area and lies within an existing Tourist/Entertainment Center and a future Market Center.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Approval. C-1A is a small-scale neighborhood commercial district intended to allow commercial use that is compatible with adjacent residential neighborhoods with minimal impact. Envision New Braunfels supports C-1A at this location. New commercial development at this location would utilize existing infrastructure. Staff also recommends approval of the SUP including the requested deviations for the residential setback and buffer along the southern property line with the following conditions:
1. Development of the site is to be in compliance with the attached site plan. Any significant alterations to the attached documents will require an amendment to the SUP with a recommendation from the Planning Commission and approval by the City Council.
2. The residential setback standards from the eastern side property line, shared with property currently used for residential dwellings, remain and are not waived with this request.
3. The residential buffer standards along the eastern side property line, shared with property currently used for residential dwellings, remain and are not waived with this request.
4. Oversized vehicles, as defined in the zoning ordinance, may not access, deliver, or park on the subject property more than once per each week.
5. The coffee roasting use shall remain associated with a coffee shop and shall be wholly enclosed within a building so that noise generated by the facility is not perceptible at the bounding property line.
6. The exhaust system for the coffee roaster shall be designed and constructed with air sweepers, or similar equipment, to reduce/eliminate any potential smoke or smells emitted from the building to reduce possible disturbances to nearby residents.
7. The coffee roasting within the coffee roaster facility may only be operated between the hours of 8 AM and 7 PM.
8. The coffee roasting facility may not be used for any other type of manufacturing or production use. Manufacturing includes the processing, fabrication, assembly, treatment and packaging of products, and incidental storage, sales, and distribution of such products.
9. The warehouse may not be used to store products, materials, machinery, or tools unrelated to the coffee shop or coffee roasting use.
10. The maximum height of the 3,500 square foot coffee roasting building shall not exceed 1-story or 22 feet in height.
The Planning Commission held a public hearing on September 7, 2022 and recommended approval with conditions (7-2-0).
Notification pursuant to state statute:
Public hearing notices were sent to 15 owners of property within 200 feet of the request. To date, staff has received three responses in favor from properties 3, 10, and 12, ten responses in objection from properties 1, 2, 4, 6, 7, 8, 9, 11, 14 and 15 within the notification area, and 114 responses in objection from owners of property outside of the notification area. Opposition represents more than 20% of the notification area. Pursuant to state statute, a ¾ majority of City Council (6 votes) will be required to approve the applicant’s request unless that opposition changes.
Resource Links:
• Chapter 144, Sec. 3.3-2 (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. 3.4-12 (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. 3.6 (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>