PRESENTER: Presenter
Applicant: James Ingalls, P.E.
Owner: Rockspring Saur LLC - Beau Ryan
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SUBJECT: Title
PZ23-0352 Public hearing and recommendation to City Council regarding a proposed rezoning of approximately 86 acres out of the A.M. Esnaurizar Survey, Abstract 20, from APD AH (Agricultural/Pre-Development Airport Hazard Overlay District) to R-3L AH (Multifamily Low Density Airport Hazard Overlay District) and R-3H AH (Multifamily High Density Airport Hazard Overlay District) currently addressed at 1280 Saengerhalle Road and 1682 Saur Lane
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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: |
PZ23-0352 |
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Applicant |
James Ingalls, P.E. |
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2021 W SH 46 |
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New Braunfels, TX 78132 |
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(830) 358-7127 | plats@ink-civil.com |
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Owner: |
Rockspring Saur LLC (Attn: Beau Ryan) |
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3200 Southwest Freeway, Suite 300 |
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Houston, TX 77027 |
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(713) 535-2285 | beau@rockspring.com |
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Staff Contact: |
Mary Lovell, Senior Planner |
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(830)221-4051| mlovell@newbraunfels.gov |
The subject property is approximately 86 acres, located on the southeast side of Saengerhalle Road, approximately 700 feet east of Saur Lane and abuts the Saengerhalle Estates Subdivision. The property is currently developed with two single-family residences and is under agricultural use.
The applicant is requesting a change in the base zoning, but is not requesting to change or remove the Airport Hazard Overlay. The request is to change the base zoning districts from APD to R-3L and R-3H leaving the AH overlay intact.
Surrounding Zoning and Land Use:
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North |
Outside City Limits |
Undeveloped, farmland |
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South |
APD |
Undeveloped, farmland |
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East |
APD, M-1 |
Single family residences, New Braunfels National Airport |
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West |
R-1A-6.6r79 |
Single-family and duplex development |
ISSUE:
Access to the proposed development would be from Saengerhalle Road (Minor Collector) and Saur Lane (Principal Arterial). A planned minor collector is located on the southwestern portion of the subject property and will be required to be constructed with platting. The applicant is requesting to rezone approximately 65 acres to R-3L which allows multifamily residences at not more than 12 units per acre. The applicant is also requesting to rezone approximately 20 acres to R-3H which allows multifamily residences at not more than 24 units per acre.
A Development Agreement has been submitted to the City for review and consideration that proposes widening a portion of Saengerhalle Road adjacent to the subject property and development of a 30-foot wide drainage easement to be placed within the subject property beginning from Saur Lane to the southwest corner of the property.
Envision New Braunfels Action Items not supported include:
• 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.
• Action 6.2: Protect the airport from incompatible land use encroachment.
• Action 2.1: Sustain community livability for all ages and economic backgrounds.
Future Land Use Plan: The property lies within the Oak Creek Sub Area along a Transitional Mixed-Use Corridor, and is adjacent to and partially within a Future Market Center, and a short drive from Existing Employment and Civic Centers. This proposed land use does not support the Future Market Center. The tract on the north side of Saengerhalle Road is outside of the city limits, where there is no land use control authority.
Airport Compatibility: Airport compatibility revolves around ensuring that activities and land uses near airports are not negatively impacted by airport operations. Residential development is particularly sensitive to such operations and is typically considered incompatible if situated near an airport. Residential development would be subject to ongoing and increased noise emanating from planes during takeoff and landing. This will create a disruptive environment for residential development as well as safety concerns relative to the airport location. Cities that have authorized residential uses in close proximity to airports have had to use taxpayer dollars to retrofit homes with sound attenuation materials.
Land use compatibility around airports is an important element in allowing aircraft to traverse the national airspace expeditiously and safely through local, general aviation airports and is also a matter of concern for the long-term operation and viability of the airport, its users and the health and safety of people living and working in proximity to the airport’s environs.
Protecting the airport from incompatible development helps to maintain a safe operating environment, maximize return on infrastructure investments, and comply with Federal grant assurances. The City is Federally obligated to ensure zoning near and adjacent to the airport is compatible with airport operations. The City, as the airport’s sponsor, has accepted federal funds to enhance and maintain the airport’s infrastructure. As part of that acceptance, the City agreed to comply with federal grant assurances. The grant assurances are designed to protect the Federal Government’s/American taxpayer’s investment at the airport and further protect the public’s interest in civil aviation. These grant assurances are outlined in the application for grant monies and become binding on the airport when it accepts federal funds for airport development. These grant assurances remain consistent over time and include an obligation to maintain compatible land use (Grant Assurance 21). The City pledged to take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or near the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft.
By FAA definition, the proposed rezoning of the property in question from agricultural to residential would be an incompatible land use as it is across the street from the airport. If the residential use is allowed, it will most likely lead to a contentious relationship between the future residents and the City given the subject property’s adjacency to the airport boundaries and placement underneath the landing and traffic pattern. In addition, a portion of the subject property is within the left traffic pattern of Runway 17/35, which is the most highly utilized runway. In practical terms, as aircraft approach on either an upwind or downwind leg to land on the runway, they will likely be approximately 1,000 feet above ground level over a portion of the subject property.
Finally, the 2019 Airport Master Plan adopted by City Council includes expansion plans for airport improvements and operations in the undeveloped southwest corner directly across from the subject property, which would increase the current level of airport operations.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Alternative zoning districts of C-1B (General Commercial), M-1A (Light Industrial District) or M-2A (Heavy Industrial District) would be appropriate for this property considering its location near a national airport. A transition of land use from least intense (residential) to most intense (industrial) as one moves closer to an airport is the typical expectation for airport compatibility. If the subject property were to meet this scenario with commercial/industrial uses, a transition of land use from existing residential immediately southwest of the subject tract towards airport activities to the east would support the Action Items and the Future Market Center called for in Envision New Braunfels.
The applicant requested and was granted a postponement at the November 7, 2023 Planning Commission meeting.
Mailed notification pursuant to state statute:
Public hearing notices were sent to owners of 21 properties within 200 feet of the request. Opposition represents 20% or more of the notification area. Pursuant to state statute, a ¾ majority of the City Council (6 votes) will be required to approve the applicant’s request unless the opposition changes.
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_S144-3.4ZODIREPRZOSUJU221987>
• 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 3.4-5. (R-3H) 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 Airport Hazard Zoning District: https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTVDEST_S144-5.20AIHAZODI