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 the proposed rezoning of approximately 60 acres out of the A.M. Esnaurizar Survey, Abstract 20, from R-3L AH (Multifamily Low Density Airport Hazard Overlay District) to R-1A-4 AH (Single-Family Small Lot Residential Airport Hazard Overlay District), currently addressed at 1280 Saengerhalle Road
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 2
BACKGROUND INFORMATION:
Case Number: PZ24-0399
Authorized Shannon Mattingly
Representative: (830) 643-9453 | smattingly@drennergroup.com
Applicant/Owner: Rockspring Saur LLC (Attn: Beau Ryan)
(713) 535-2285 | beau@rockspring.com
Staff Contact: Mary Lovell, Senior Planner
(830) 221-4051 | mlovell@newbraunfels.gov
The applicant is requesting a base district rezoning of approximately 60 acres from R-3L (Multifamily Low Density District) to R-1A-4 (Single Family Small Lot Residential District). The subject 60 acres is part of a larger 81.66-acre tract recently rezoned by the applicant. That larger base rezoning went from APD (Agricultural/Pre-Development District) to R-3L (Multifamily Low Density District). The previous rezoning request was approved by City Council on May 13, 2024.
The overall surrounding land uses are undeveloped ETJ land to the north, the New Braunfels National Airport to the east, undeveloped land and single-family residences to the west, and undeveloped land to the south.
An executed Development Agreement for the property sets forth road widening requirements, drainage improvements and sound attenuation measures. An Avigation Easement covers the subject property and states that the subject property is “located in a noise-influence area”, “aircraft effects may be annoying to users of the Easement Property” and “aircraft effects may increase over time.”
ISSUE:
The applicant indicates that the purpose of the rezoning request is to develop single-family residences on lots that would be a minimum of 4000-square-feet in area. If approved, many owners could be impacted by the potential adverse effects of residing near an airport, whereas, under current zoning, there would be fewer property owners impacted.
COMPREHENSIVE PLAN REFERENCE:
• Action 1.8: Concentrate future investment in industrial and employment centers near existing and emerging hubs, such as the airport; and along existing high-capacity transportation networks, such as Interstate Highway 35. (The proposed zoning would concentrate permanent single-family residences near an airport, rather than recommended compatible industrial and employment center uses.)
• Action 2.1: Sustain community livability for all ages and economic backgrounds. (The proposed zoning would result in single-family homeowners who would be impacted by noise and air quality issues from planes taking off and landing at the nearby airport.)
• Action 6.2: Protect the airport from incompatible land use encroachment. (The proposed zoning would not support this action item.)
Future Land Use Plan: The property lies within the Oak Creek Sub Area, is adjacent to a Future Market Center and lies a short drive from Existing Employment and Civic Centers.
AIRPORT MASTER PLAN REFERENCE:
Expansion plans for airport improvements and operations are planned for the southwest corner of the airport near the subject property, increasing noise and air quality impacts to properties near the airport. Single-family residential development is particularly sensitive to such operations and is typically considered incompatible if situated near an airport.
STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☒N/A
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Staff recommends denial. The requested zoning is not consistent with Envision New Braunfels or the Airport Master Plan. Many owners resulting from a single-family small lot development could be impacted by the potential adverse effects of residing near an airport, whereas, under current zoning, there would be fewer property owners impacted.
The Planning Commission held a public hearing on January 7, 2025 and recommended approval of the applicant’s request (7-0-0).
Mailed notification pursuant to state statute:
Public hearing notices were sent to owners of 12 properties within 200 feet of the request. To date, staff has received responses representing 1% in opposition.
Resource Links:
• Chapter 144, Section 3.4-4. (R-3L) 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, Section 3.4-4. (R-1A-4) 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, Section 5.20 (AH) Airport Hazard Zoning District:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTVDEST_S144-5.20AIHAZODI>