PRESENTER: Presenter
Applicant: Quintin Santiago
Owner: Estate of Carolyn A. Miller, in the care of Robert L. Miller, Jr.
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SUBJECT: Title
PZ26-0302 Public hearing and recommendation to City Council, requested by Quintin Santiago, on behalf of the Estate of Carolyn A. Miller, in the care of Robert L. Miller, Jr., to rezone approximately 2.6 acres out of Subdivision No. 111 of the A.M. Esnaurizar Eleven League Grant, Abstract 20, from R-2 AH (Single-Family and Two-Family, Airport Hazard Overlay District) & APD AH (Agricultural Pre-development, Airport Hazard Overlay District) to C-O AH (Commercial Office, Airport Hazard Overlay District), currently addressed 1283 State Highway 46 South.
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DEPARTMENT: Neighborhood and Community Planning
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COUNCIL DISTRICTS IMPACTED: 2
BACKGROUND INFORMATION:
Case No: PZ26-0302
Applicant: Quintin Santiago
Owner: Robert L. Miller, Jr.
Staff Contact: Mary Lovell, mlovell@newbraunfels.gov, (830) 221-4051
The subject property is approximately 1.5 miles southeast of the intersection of State Highway 46 and Interstate 35 and about 800 feet northwest of the intersection of State Highway 46 and Saengerhalle Road.
The applicant is requesting a change in zoning from R-2 AH (Single-Family and Two-Family, Airport Hazard Overlay District) & APD AH (Agricultural Pre-development, Airport Hazard Overlay District) to C-O AH (Commercial Office, Airport Hazard Overlay District) with the intention of developing a professional service and counseling office.
The surrounding area is characterized by a mix of different zoning districts and land uses including:
• Northeast: ZH-A (Zero Lot Line Home District), developed as the Hidden Springs community of single-family homes;
• East: C-1B (General Business District), consisting of vacant land and local utility company equipment;
• North: APD (Agricultural Pre-development District) consisting of mostly undeveloped land; and
• West: R-2 (Single-Family and Two-Family District), developed with a residence.
A portion of the rear of the subject property is located within the 100-year floodplain, limiting development opportunities in that area of the site.
ISSUE:
The applicant states that the intent of their rezoning application is to remodel and convert the existing single-family home into a professional services and counseling office building. C-O (Commercial Office District) is the least intensive nonresidential/mixed-use zoning district that allows office use and would provide an appropriate transition between nearby residential properties and State Highway 46. The Airport Hazard Overlay District would not be impacted by any change to the base zoning district.
Traffic Impact Analysis (TIA): Per adopted ordinance a TIA Report is not required for this proposed use, as it would generate fewer than 100 daily trips.
Drainage: Per adopted ordinance, if a drainage study is required, it will be conducted with the future Public Infrastructure Construction Plan approval process and/or Building Permit stage, as applicable.
COMPREHENSIVE PLAN REFERENCE:
C-O (Commercial Office) zoning at this location 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.
Future Land Use Plan: The subject property is located within the Dunlap Subarea, near existing Civic and Employment Centers and along a Transitional Mixed-Use Corridor.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☒Community Well-Being ☐N/A
• 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.
• Community Well-Being - The proposed zoning would allow professional counseling services, increasing opportunities for health and wellness-related services within the community.
FISCAL IMPACT:
The Land Use Fiscal Analysis recommends prioritizing development and redevelopment in areas served by existing infrastructure to increase the fiscal productivity of land while limiting additional infrastructure costs. The proposed C-O zoning would provide additional development opportunities on property fronting an established transportation corridor and allow professional office uses that can contribute to the City's employment base and property tax value.
Recommendation
RECOMMENDATION:
Staff recommends approval. The requested C-O zoning would accommodate professional services and counseling office use while limiting the intensity of nonresidential development. The property's frontage along State Highway 46 and proximity to commercial zoning, make the C-O district an appropriate transition between the highway corridor and nearby residential uses. While C-O allows additional commercial outside of an intersection, the lighter nature of allowed commercial uses would limit the “strip-commercialization” of the thoroughfare, reserving heavier commercial/retail uses for major intersections.
Code of Ordinances Sec. 144-2.1 Changes and Zoning Amendments:
(b) Considerations for approving or denying a zoning change. In making a determination regarding a requested zoning change, the planning commission and the city council shall consider the following factors:
(1) Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned, and their relationship to the general area and to the city as a whole;
(2) Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;
(3) How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved;
(4) Any other factors that will substantially affect the public health, safety, morals, or general welfare; and
(5) Whether the request is consistent with the comprehensive plan.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 13 properties within 200 feet of the request. As of the date this agenda was posted, a supermajority vote of City Council is not required to approve the applicant’s request.
Resource Links:
• Chapter 144, Sec. 3.3-2 (R-2) 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. 3.4-1 (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, 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. 3.4-17 (C-O) 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>