PRESENTER: Presenter
Matthew Simmont, AICP, Planning Manager
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SUBJECT: Title
Public hearing and first reading of an ordinance regarding a proposed rezoning of approximately 92.4 acres out of the A.M. Esnaurizar Survey, Abstract 20, from “APD” Agricultural/Pre-Development District with Airport Hazard Overlay to “R-3L” Multifamily Low Density District and “R-3H Multifamily High Density District with Airport Hazard Overlay, 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:
Case #: PZ23-0102
Applicant: INK Civil
James Ingalls, P.E.
2021 W. SH 46, Suite 105
New Braunfels, TX 78132
(830) 358-7127 | jamesingalls@ink-civil.com
Owner: Rockspring Saur LLC
Beau Ryan
3200 Southwest Freeway, Suite 3000
Houston, TX 77027
(713) 535-2285 | beau@rockspring.com
Staff Contact: Matthew Simmont
(830) 221-4058 | msimmont@newbraunfels.gov
The subject property is located on the southeast side of Saengerhalle Road, approximately 700 feet east of Saur Lane and is abutting the Saengerhalle Estates Subdivision. The property is currently developed with two single-family residences and is under agricultural use.
The applicant is requesting a zone change from “APD” Agricultural / Predevelopment District to “R-3L” Multifamily Low Density District and “R-3H Multifamily High Density District with Airport Hazard Overlay. A district comparison chart (attached) shows the proposed zoning will allow for multifamily residential.
Surrounding Zoning and Land Use:
North - Across Saengerhalle Rd., Outside City Limits / Undeveloped, farmland
South - APD / Undeveloped, farmland
East - APD & M-1 / Single-family residences and airport property
West - R-1A-6.6r79 / Single-family and duplex development
ISSUE:
The current APD zoning district is intended for newly annexed areas, agricultural, farm and ranch uses, and for areas where development is premature because of a lack of utilities, capacity, or service, or where ultimate use has not been determined.
While the proposed rezoning is consistent with some actions from Envision New Braunfels that relate to workforce housing, it is inconsistent with other actions that are intended to protect the airport and to promote appropriate development in the area that supports the airport goals. The following goals are supported by this zoning change:
• Action 2.1: Sustain community livability for all ages and economic backgrounds.
• Action 3.1: Plan for healthy jobs/housing balance.
• Action 3.13: Cultivate an environment where a healthy mix of different housing products at a range of sizes, affordability, densities, amenities and price points can be provided across the community as well as within individual developments.
• Action 3.15: Incentivize home development that is affordable and close to schools, jobs and transportation.
• Action 3.30: Encourage and incentivize workforce/affordable housing to attract new workforce entrants and young families.
The following actions are not supported by the rezoning request:
• Action 1.3: Encourage balanced and fiscally responsible land use patterns.
• 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 1.9: Position the NB Airport so that it will be a preferred regional airport.
• Action 3.1: Plan for healthy jobs/housing balance.
• Action 3.5: Implement and continue to update the Economic Development Strategic Plan.
• Action 3.18: Encourage multi-family to disperse throughout the community rather than to congregate en masse.
• Action 6.1: Coordinate local land use and housing plans with regional transportation investments to ensure the land uses are not inadvertently driving increased congestion without proportionate mitigation and context sensitive solutions.
• Action 6.2: Protect the airport from incompatible land use encroachment.
• Action 6.4: Consider how each new development project impacts the transportation system and ensure appropriate mitigation is implemented.
Future Land Use Plan: The property lies within the Oak Creek Sub Area in a Transitional Mixed-Use Corridor, is adjacent to a proposed Market Center, and a short drive from existing Employment and Civic Centers.
The applicant’s intent with the proposed R-3L and R-3H districts is for the development of multifamily, and would have available access to Saengerhalle Road (Minor Collector) and Saur Lane (Principal Arterial). The R-3L District allows for the development of multifamily residences at not more than 12 units per acre and the R-3H District allows for multifamily residences at not more than 24 units per acre. Approximately 8 acres of the subject property (fronting Saur Lane) does not allow any residential use since it is located with the Transition Zone of the Airport Hazard Zoning Overlay District. This area could, however, if the zoning district allows, accommodate commercial development for the future Market Center, subject to Airport Hazard Zoning Overlay District height limitations.
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. Airport compatible land uses are uses of adjacent properties that are not adversely affected by airport operations. Residential development is most sensitive to airport operations and is nearly always an incompatible land use if located close to an airport. The City has, by way of Federal grant assurances, committed itself to ensure zoning near and adjacent to the airport is compatible with airport operations.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
The applicant’s rezoning would facilitate multifamily residential development consistent with ongoing development in the area. It is 1) supported by the above-listed actions from Envision New Braunfels. However, it is also 2) inconsistent with the additional above-listed actions from Envision New Braunfels.
The location is adjacent to both the Airport and a future Market Center. If the entirety of this parcel is developed into multifamily, it leaves approximately 12 acres within the city available for potential future commercial development of the future Market Center, as the tract on the north side of Saengerhalle Road is located outside of the city where the city has no land use control authority.
Alternative zoning of MU-A or MU-B would allow more flexibility for uses, including commercial development. MU-A would allow MF with an equivalent density to R-3L, while MU-B would accommodate the more intense R-3H density. Both Mixed Use districts also allow a variety of commercial uses appropriate for the future Market Center and would provide additional development options for the 8 acres located in the Airport Hazard Transition Zone.
The Planning Commission held a public hearing on April 4, 2023, and unanimously recommended approval (9-0).
Mailed notification pursuant to state statute:
Public hearing notices were sent to owners of 11 properties within 200 feet of the request. To date, the city has received responses representing 4% in opposition of the request.
Resource Links:
• Chapter 144, Section 3.4-1. (Agricultural/Pre-Development District) 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. (Multifamily Low-Density District) 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. (Multifamily High-Density District) 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>