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File #: 24-1404    Name:
Type: Ordinance Status: Individual Item Ready
File created: 10/25/2024 In control: City Council
On agenda: 11/12/2024 Final action:
Title: Discuss and consider the second and final reading of an ordinance to rezone approximately 30 acres out of the A. M. Esnaurizar Survey, Abstract 20, from C-1B AH (General Business District with Airport Hazard Overlay) and MU-A AH (Low Intensity Mixed Use District with Airport Hazard Overlay) to MU-A AH (Low Intensity Mixed Use District with Airport Hazard Overlay), currently addressed as 1983 State Highway 46 S.
Attachments: 1. City Maps, 2. Zoning Exhibit, 3. Districts Comparison Table, 4. TIA Determination Letter & Form, 5. Subject Property Photos, 6. Notification Map, List, & Responses, 7. PC Draft Minutes, 8. Draft Ordinance

PRESENTER: Presenter

Christopher J. Looney, AICP, Planning and Development Services Director

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SUBJECT: Title

Discuss and consider the second and final reading of an ordinance to rezone approximately 30 acres out of the A. M. Esnaurizar Survey, Abstract 20, from C-1B AH (General Business District with Airport Hazard Overlay) and MU-A AH (Low Intensity Mixed Use District with Airport Hazard Overlay) to MU-A AH (Low Intensity Mixed Use District with Airport Hazard Overlay), currently addressed as 1983 State Highway 46 S.

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DEPARTMENT: Planning and Development Services

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COUNCIL DISTRICTS IMPACTED: 2

 

BACKGROUND INFORMATION:

 

Case No: PZ24-0285

 

Applicant

Colliers Engineering & Design (formerly KFW Engineers)

(830) 220-6042 | wayne.flores@collierseng.com

 

Owner:

Schaefer, Allen & Tammy and HKEK LLC

(830) 708-8702 | schaeferallen@yahoo.com

 

Staff Contact:

Amanda Mushinski, CNU-A

(830) 221-4056| amushinski@newbraunfels.gov

 

The City Council held a public hearing on October 28, 2024, and approved the first reading of the applicant’s requested rezoning ordinance (4-3-0).

 

The subject property consists of approximately 30 acres that is a portion of 3 parcels totaling approximately 60 acres located at the southeast corner of the intersection of Weltner Rd, an existing minor collector, and State Hwy 46, an existing principal arterial. The subject property is also approximately ¼ of a mile northwest of the entrance of the Avery Park Planned Development District and approximately 700 feet southwest of the Weltner Farms Planned Development District.

 

The applicant is requesting a change in zoning from C-1B AH (General Business District with Airport Hazard Overlay) to MU-A AH (Low Intensity Mixed Use District with Airport Hazard Overlay).

 

In February of 2024, a zoning change from MU-A AH (Low Intensity Mixed Use District with Airport Hazard Overlay) to C-1B AH (General Business District with Airport Hazard Overlay) on 42 acres of the larger 60-acre tract was approved. The change was intended to accommodate more general business and commercial uses, reflecting the growing demand for commercial services along State Highway 46. The approval aligned with the property's location near major roadways and its proximity to developing residential neighborhoods, making it an ideal site for expanding business opportunities.

 

The subject property is bordered by zoning districts including MU-A AH, APD AH, C-3, and Avery Park PD. Adjacent land uses consist of Vacant/Undeveloped Land, Sports Fields, and Single-Family Residences.

 

 

ISSUE:

The application submitted indicates that the proposed zoning change is intended to allow for development under the MU-A (Low Intensity Mixed Use District) which allows for a mix of retail, office, and residential uses near to enable people to live, work and shop in a single location.

 

The current request to rezone a portion of the property back to MU-A AH signifies a shift in the applicant's development strategy. Instead of focusing solely on commercial uses, the applicant now intends to utilize the mixed-use zoning district that allows for residential, office, and retail spaces. This approach allows for a balanced land use pattern, allowing people to live, work, and shop within the same area.

 

MU-A 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 3.1: Plan for healthy jobs/housing balance.

                     Action 3.3: Balance commercial centers with stable neighborhoods.

 

Future Land Use Plan: The subject property is located within the Freiheit and Dunlap Sub Areas, along a Transitional Mixed-Use Corridor, near a proposed Market Center and Civic Center.

 

STRATEGIC PLAN REFERENCE:

Economic Mobility Enhanced Connectivity Community Identity

Organizational Excellence Community Well-Being N/A

                     Economic Mobility - Objective: Incentivize mixed-use developments and redevelopments in targeted locations to create a built environment with integrated housing, commercial centers, and opportunities for improved connectivity.

                     Economic Mobility - Objective: Support Confluence, the New Braunfels Chamber of Commerce Economic Development Strategic Plan, by helping to ensure a community that supports the targeted industries and increases the diversity of job opportunities in the community.

                     Economic Mobility - Output: Increase the number of new affordable housing units produced each fiscal year.

                     Community Well-Being - Objective: Develop capital and staffing investments that improve safety, reduce heat islands, and encourage transportation modes that support healthier lifestyles and exercise such as biking, walking and running.

                     Community Well-Being - Outcome: Maintain National Citizen Survey overall satisfaction for “Overall health and wellness opportunities.”

                     Community Well-Being - Outcome: Maintain National Citizen Survey overall satisfaction for “Overall feeling of safety.”

                     Enhanced Connectivity - Objective: Implement improved local and regional public transportation services to connect the community to employment, education, healthcare, recreational and other destinations.

 

FISCAL IMPACT:

N/A

Recommendation

RECOMMENDATION:

Approval. The proposed rezoning would allow for a mix of retail, office, and residential uses, aligning with goals to encourage balanced land use and create spaces where people can live, work, and shop in proximity. The location, at the intersection of a minor collector and a principal arterial, supports connectivity and infill development, taking advantage of existing infrastructure while promoting a healthy jobs/housing balance.

 

Additionally, the zoning change is consistent with the city’s strategic plan, which emphasizes economic mobility by supporting mixed-use developments that foster diverse job opportunities and housing options. MU-A would complement surrounding land uses, balancing commercial and residential areas while enhancing the area's overall livability. By allowing for a walkable, interconnected environment, the proposed zoning aligns with the surrounding neighborhoods and the city's vision for sustainable growth. It also enhances community connectivity and supports the goal of creating accessible housing options close to employment and commercial centers. This change is aligned with New Braunfels’ vision for growth, infrastructure efficiency, and community well-being.

 

The Planning Commission held a public hearing on October 2, 2024, and unanimously recommended approval.

 

Mailed notification as required by state statute:

Public hearing notices were sent to owners of 34 properties within 200 feet of the request. As of the date of this agenda, the city has received responses representing less than 1% in opposition.

 

Resource Links:

                     Chapter 144, Sec. 3.4-13 (C-1B) 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. 3.4-10 (MU-A) 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>