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217<br />

(J. <strong>City</strong> <strong>of</strong><br />

· <strong>New</strong> <strong>Braunfels</strong> <strong>City</strong> Council Agenda Item Report<br />

November 8, 2010<br />

Agenda Item No. :JZ<br />

Presenter - Shannon Mattingly, Planning Director<br />

830-221-4055 - smattingly@nbtexas.org<br />

)<br />

SUBJECT:<br />

Public hearing and consideration <strong>of</strong> a first reading <strong>of</strong> an ordinance rezoning<br />

portions <strong>of</strong> the 500 and 700 blocks <strong>of</strong> Hill Avenue, from "M-1" Light Industrial<br />

District to "SND-1" Special Neighborhood District.<br />

APPLICANT<br />

OWNER:<br />

<strong>City</strong> <strong>of</strong> <strong>New</strong> <strong>Braunfels</strong><br />

424 S. Castell Avenue<br />

<strong>New</strong> <strong>Braunfels</strong>, TX 78130<br />

Multiple<br />

)<br />

8ACKGROUND/RA TJONALE:<br />

Some <strong>of</strong> the property owners within this neighborhood contacted the <strong>City</strong> requesting<br />

their neighborhood be part <strong>of</strong> the <strong>City</strong>'s current rezoning effort. When <strong>City</strong> Council was<br />

reviewing the Short-Term Rental section <strong>of</strong> the zoning ordinance, the Planning<br />

Department identified multiple residential neighborhoods with zoning other than<br />

residential. Council directed the Planning Division to have neighborhood meetings to<br />

explain the purpose <strong>of</strong> residential zoning and pursue rezoning to an appropriate district.<br />

Hill Avenue is a neighborhood which developed over time to include residential and<br />

commercial uses. The 500 and 700 blocks consist <strong>of</strong> houses which have been in<br />

residential use for over 60 years. The south side <strong>of</strong> Hill Avenue was rezoned to SND-1<br />

in 2007. A public neighborhood meeting for the property owners on the north side <strong>of</strong> the<br />

500 and 700 blocks <strong>of</strong> Hill Avenue was held on October 20, 2010 to explain the purpose<br />

for zoning the neighborhood to reflect the residential use. Two residents attended.<br />

Those in attendance were supportive <strong>of</strong> the concept to change their zoning to SND-1<br />

Special Neighborhood District. The public notice was also sent to the 11 property<br />

owners regarding the <strong>of</strong>ficial zone change process.<br />

During the public hearing at the Planning Commission meeting, a property owner at 751<br />

Hill Avenue expressed concern about the rezoning as her property would no longer be<br />

eligible to request an SUP for a short term rental. The property is improved with two<br />

structures which consist <strong>of</strong> a duplex and a single family dwelling, all <strong>of</strong> which would be<br />

grandfathered as a legal non-conforming use. However, if rezoned to SND-1 an SUP for<br />

short term rental would be prohibited. If the property is not rezoned to SND-1 and stays<br />

M-1 then an SUP for short term rental could be requested once the moratorium is lifted.<br />

Page I <strong>of</strong>3

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