PRESENTER: Presenter
Applicant: Patrick W. Christensen
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SUBJECT: Title
PZ24-0292 Public hearing and recommendation to City Council to rezone approximately 2.7 acres out of the Sarah Dewitt Survey No. 48, Abstract No. 103, Guadalupe County, from APD SUP (Agricultural/Pre-development District with a Type 1 Special Use Permit) to C-1B (General Business District), located at the southwest corner of West Klein Road and Klein Meadows.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 2
BACKGROUND INFORMATION:
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Case No: |
PZ24-0292 |
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Applicant: |
Patrick W. Christensen |
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315 E. Commerce St. |
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San Antonio, TX 78205 |
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(210) 320-2540 | patrick@christensensatx.com |
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Owner: |
New Leaf Homes. LLC (Frank Ghavidel) |
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6735 IH 10 West, Suite 103 |
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San Antonio, TX 78201 |
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(210) 320-2540| nureshm@gmail.com |
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Staff Contact: |
Mary Lovell, Senior Planner |
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(830) 221-4051| mlovell@newbraunfels.gov |
The subject property consists of approximately 2.7 acres located at the southwest corner of West Klein Road and Klein Meadows. The subject property has approximately 600 feet of frontage along West Klein Road, a minor arterial. Klein Meadows is a minor collector. An existing off-street hike and bike trail is located along the northwestern property line. The subject property is less than a mile east of the intersection of FM 1044 and West Klein Road.
The property is adjacent to Long Creek High School that is currently under construction. Directly east of the property across Klein Meadows is a residential neighborhood, Legend Pond. The subject property is located less than a half mile west from the Zipp Family Sports Park that is also currently under construction.
The property was zoned APD (Agricultural/Pre-Development District) when annexed in 2007. In 2013, the original developer of the Legend Pond subdivision requested a zoning change on the subject property from APD to C-1A (Neighborhood Business District) with a Type 1 Special Use Permit (SUP) to allow: convenience store with fuel sales, automated car wash, and full-service car wash (detail shop). That request was denied by City Council.
In October of 2017, the applicant requested a zoning change on this property from APD to C-1A. At the October 23, 2017 City Council meeting, the applicant withdrew the request.
A zoning change request for APD SUP (Agricultural/Pre-development District with a Type 1 Special Use Permit) was later submitted and approved at the January 22, 2018 City Council meeting for specific commercial uses included in the C-1A zoning district, but with the removal of more intense uses. Ordinance No. 2018-8, listing the allowed uses of the property under the current zoning district of APD SUP, is available in the attachments.
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Outside City Limits |
Residential, Undeveloped |
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C-1B |
School |
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East |
Legend Pond PD |
Residential |
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West |
Outside City Limits |
Residential, Undeveloped |
ISSUE:
The applicant’s request is to rezone the subject property from APD SUP (Agricultural/Pre-development District with a Type 1 Special Use Permit) to C-1B (General Business District). The Traffic Impact Worksheet submitted by the applicant indicates that the purpose of the change in zoning is to allow for a 4,000 square foot convenience store, 8,400 square feet of neighborhood commercial uses and 12 fuel pump stalls.
The Transportation and Capital Improvements Department (TCI) states that there are existing high traffic volumes entering and exiting Klein Meadows from W. Klein Rd. A new elementary school located at 4635 Klein Meadows is set to open its doors in August 2025. As part of the school permit approval, a Level 2 Traffic Impact Analysis Report was completed and mitigation requires the installation of a traffic light at the intersection.
Once the traffic light is installed, turning lanes will be located in the roadways adjacent to the subject property. The turn lanes may make it difficult to achieve adequate driveway access for the subject property. Also, convenience stores with fuel sales generate substantial AM vehicle peak hour trips during the same hours that parents are dropping off kids at school in the morning. A lighter commercial use that generates less AM vehicle peak hour trips may be more appropriate at the subject property, given the current traffic conditions.
The subject property will also require a Level 2 Traffic Impact Analysis Report prior to any development and mitigation is required to address traffic impacts. Since the report is not a requirement for the rezoning case application, it is unknown at this time whether there would be mitigation options available that would make the development of a convenience store with fuel sales compatible.
The C-1B (General Business District) is generally consistent with the following actions from Envision New Braunfels:
• Action 1.3: Encourage balanced and fiscally responsible land use patterns.
• Action 3.1: Plan for healthy jobs/housing balance.
• Action 3.6: Proactively provide a regulatory framework that remains business and resident friendly.
The following action items in Envision New Braunfels are not supported by the proposed rezoning request:
• Action 2.33 Encourage vertical growth and development of key areas to take advantage of infrastructure capacity, maintain the core, and discourage sprawl.
The surrounding area lacks adequate transportation infrastructure to reduce traffic impacts from high-intensity commercial development.
• Action 3.3 Balance commercial centers with stable neighborhoods
The commercial development of the property should consider the roadway conditions near neighborhoods and schools.
• Action 3.17 Enact policies that disincentivize incompatible commercial encroachment into neighborhoods that whittle away at the edges, while still allowing for neighborhood-scale commercial within walking distance of homes.
A use that exceeds a roadway network’s infrastructure capacity is an example of an incompatible commercial use.
• Action 6.4 Consider how each new development project impacts the transportation system and ensure appropriate mitigation is implemented.
A Traffic Impact Analysis Report will be required to determine if there are mitigation measures available to address increased traffic impacts.
Future Land Use Plan: The subject property is located within the Walnut Springs Sub Area, within an existing Transitional Mixed-use Corridor, and near existing Education, Outdoor Recreation, and Tourist Centers. A proposed Market Center is located at FM 1044 and W. Klein Rd, approximately one mile west from the subject property.
STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☒Community Well-Being ☐N/A
• Community Well-Being: Implement services that enhance health and well-being to improve overall quality of life for residents. Commercial uses near residential neighborhoods generally provide products and services that benefit residents.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
While the C-1B zoning district does generally meet Envision New Braunfels and Strategic Plan goals, staff recommends the C-1A (Neighborhood Business District) as a more compatible zoning district because of the reduced potential for negative traffic impacts.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 10 properties within 200 feet of the request. To date, the city has received no responses.
Resource Links:
• Chapter 144, Sec. 3.4-1 (APD) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI>
• 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>
• 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>