PRESENTER: Presenter
Christopher J. Looney, AICP, Planning and Development Services Director
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SUBJECT: Title
Approval of the second and final reading of an ordinance regarding the proposed rezoning of approximately 1.7 acres out of the Tri-Acres Subdivision, Lots 2 and 3, from C-1A AH (Neighborhood Business Airport Hazard Overlay District) and R-3 AH (Multifamily Airport Hazard Overlay District) to C-1B AH SUP (General Business Airport Hazard Overlay District with a Special Use Permit), currently addressed at 1182 & 1212 Old FM 306.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 4
BACKGROUND INFORMATION:
Case Number: SUP24-362
Applicant: James Ingalls, P.E
(830) 358-7127 | plats@ink-civil.com
Owner: Paul Ringmacher, River Forest Properties LLC
(409) 360-6522 | paul@ringmacher.com
Staff: Mary Lovell
(830) 221-4051 | mlovell@newbraunfels.gov
The City Council held a public hearing on January 13, 2025 and unanimously approved the first reading of the applicant’s requested rezoning with staff recommendations and added some additional uses to not allow (see recommendation section below) (7-0-0).
The subject 1.7 acre property is comprised of two parcels on the east side of Old FM 306. There are single family residences to the west and south of the subject property. Resort and short-term rental properties are located to the northwest. A gas station and a tractor sales business are located to the north of the subject property.
ISSUE:
The abutting tractor sales property was rezoned to C-1 AH SUP (Local Business Airport Hazard Overlay District with a Special Use Permit) to allow tractor sales in a 2016 rezoning case (Ord. No. 2016-18). The SUP allowed City Council to remove some uses that would normally have been allowed in C-1 but that were undesirable at that location.
According to the applicant, the tractor sales company on the abutting lot (1175 FM 306) is in need of more space for parking (customers, employees) and new vehicle/equipment sales inventory, and plans to utilize the subject property for additional parking and vehicle maneuvering space. The applicant has indicated that the subject property will only be accessed from FM 306, using the current access driveways that serve the tractor company. The applicant has also noted that the well-established access point for the existing tractor sales property eliminates the need for deliveries or car entry from Old FM 306.
The applicant is requesting C-1B (General Business District) as the base zoning district as it allows tractor and trailer (heavy load vehicle) sales, rental and storage. The applicant is also requesting a Type 1 SUP in conjunction with the base zoning change. The SUP is a mechanism for applicants to propose alternative design standards as well as restrict or add specific uses, with the intent of providing a higher quality development; and allows City Council the opportunity to apply conditions. The applicant is proposing to restrict uses that are allowed by right in C-1B that may be of concern to neighboring residents. The uses that the applicant proposes to be removed as part of the SUP are Bar/tavern, Billiard/pool facility, Club (private), Country club (private), Drug sales/Pharmacy, Fraternal organization/civic club (private club), Microbrewery (onsite manufacturing and/or sales), Micro distillery (onsite manufacturing and/or sales), Shooting gallery-Indoor, and Tattoo or body piercing studio.
COMPREHENSIVE PLAN REFERENCE:
The requested zoning would be 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 3.3: Balance commercial centers with stable neighborhoods.
• Action 3.6: Pro actively provide a regulatory framework that remains business and resident friendly.
Future Land Use Plan: The subject property is located within the New Braunfels Subarea near a proposed small Market Center.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☐N/A
• Economic Mobility: Incentivize mixed-use developments and redevelopments in targeted locations to create a built environment with integrated housing, commercial centers, and opportunities for improved connectivity.
FISCAL IMPACT:
The proposed rezoning is in alignment with the following recommendations and strategies of the Land Use Fiscal Analysis:
• Prioritize infill projects that add people and buildings in areas with existing infrastructure. This will increase tax revenue without significant impacts on services and infrastructure costs and distribute cost burdens out across more home/ business owners.
Recommendation
RECOMMENDATION:
Staff recommends approval of the applicant’s request with the following conditions:
1) The uses listed below are not allowed; the items in italics were added at the first reading:
a) Ambulance service (private)
b) Auto paint shop (see section 144-5.11).
c) Auto repair as an accessory use to retail sales (see section 144-5.11).
d) Auto repair garage (general) (see section 144-5.11)
e) Bar/tavern
f) Billiard/pool facility
g) Car wash (self service; automated)
h) Cemetery and/or mausoleum
i) Club (private)
j) Convenience store with or without fuel sales
k) Country club (private)
l) Day camp
m) Driving range
n) Drug sales/Pharmacy
o) Filling station
p) Food or grocery store with fuel sales
q) Fraternal organization/civic club (private club), Limousine/taxi service
r) Funeral home/mortuary
s) Hotel/motel
t) Hotels/motels-Extended stay (residence hotels)
u) Microbrewery (onsite manufacturing and/or sales)
v) Micro distillery (onsite manufacturing and/or sales)
w) Mini-warehouse/self storage units with outside boat and RV storage
x) Parking lots (for passenger car only) (not as incidental to the main use)
y) Parking structure/public garage
z) Pawn shop
aa) Quick lube/oil change/minor Inspection
bb) RV park
cc) RV/travel trailer sales
dd) Shooting gallery - Indoor
ee) Shopping center
ff) Storage-Exterior storage for boats and recreational vehicles
gg) Tattoo or body piercing studio
hh) Theater (non-motion picture; live drama)
ii) Vehicle storage facility (VSF)
2) There shall be no vehicular access on Old FM 306 related to the tractor sales business. This requirement does not apply to existing uses on Tri-Acres Subdivision, Lot 2.
3) Development of the site shall be in compliance with the above-listed development standards. Any significant alterations to the approved development standards will require an amendment to the SUP with a recommendation from the Planning Commission and approval by the City Council.
The Planning Commission held a public hearing on December 3, 2024 and recommended approval of the applicant’s request with staff’s recommended conditions (7-1-0).
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 17 properties within 200 feet of the request. 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.
• 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_S144-3.3ZODIREPRZOPRJU221987>
• Chapter 144, Sec. 3.3-3 (R-3) 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. 3.4-13 (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. 5.20 (AH) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTVDEST_S144-5.20AIHAZODI>
• 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>