Skip to main content
New Braunfels Logo
File #: 25-759    Name:
Type: Public Hearing Status: Failed
File created: 6/5/2025 In control: City Council
On agenda: 6/23/2025 Final action: 6/23/2025
Title: Public hearing and first reading of an ordinance to rezone approximately 4 acres out of the J M Veramendi Survey, Abstract 2, from R-2 AH (Single-Family and Two-Family District with Airport Hazard Overlay) to C-4A AH (Resort Commercial District with Airport Hazard Overlay), currently addressed at 1251 Ervendberg Avenue.
Attachments: 1. City Maps, 2. Districts Comparison Table, 3. Subject Property Photos, 4. Notification Map, List, and Responses, 5. Draft Minutes, 6. Draft Ordinance

PRESENTER: Presenter

Christopher J. Looney, AICP Planning and Development Services Director 

Body

SUBJECT: Title

Public hearing and first reading of an ordinance to rezone approximately 4 acres out of the J M Veramendi Survey, Abstract 2, from R-2 AH (Single-Family and Two-Family District with Airport Hazard Overlay) to C-4A AH (Resort Commercial District with Airport Hazard Overlay), currently addressed at 1251 Ervendberg Avenue.

Header

DEPARTMENT: Planning and Development Services

Body                     

COUNCIL DISTRICTS IMPACTED: 4

 

BACKGROUND INFORMATION:

Case No: PZ25-0071

 

Applicant:

Justin Holliday

210-865-0401 | justin@nar-ventures.com

 

Owner:

Gruene Texas 90, LLC

210-373-6578 | cody@gruenetexas.com

 

Staff Contact:

Amanda Mushinski, AICP, CNU-A

(830) 221-4056 | amushinski@newbraunfels.gov

 

The subject property is approximately 4 acres on the southwest side of Ervendberg Avenue (a local road) approximately 600 feet northwest of its intersection with Gruene Road. It is surrounded by R-3L AH, R-2 AH, MU-A AH, and C-4 AH zoning. Adjacent land uses include single-family residences, duplexes, and resort properties.

 

ISSUE:

The proposed zoning change will allow for development under C-4A zoning which allows resort commercial uses to serve tourists, vacationers, conference center attendees, sports related programs, and support service facilities including garden office, retail and specialty shops.

 

Traffic Impact Analysis (TIA): Per adopted ordinance, if a TIA is required, it will be conducted at the Subdivision Platting and/or Building Permit stage, as applicable.

 

Drainage: Per adopted ordinance, if a drainage study is required, it will be conducted with the Public Infrastructure Construction Plan approval process and/or Building Permit stage, as applicable.

 

 

COMPREHENSIVE PLAN REFERENCE:

C-4A would be consistent with the following actions from Envision New Braunfels:

                     Action 1.14: Ensure regulations do not unintentionally inhibit the provision of a variety of flexible and innovative lodging options and attractions.

                     Action 3.6: Pro actively provide a regulatory environment that remains business and resident friendly.

                     Action 3.22: Encourage venues within walking distance of neighborhoods and schools.

Future Land Use Plan: The subject property is located within the New Braunfels Sub Area, near an existing Tourist Center and a future Market Center.

 

STRATEGIC PLAN REFERENCE:

Economic Mobility Enhanced Connectivity Community Identity

Organizational Excellence Community Well-Being N/A

Economic Mobility - Objective: Incentivize mixed-use developments and redevelopments in targeted locations to create a built environment with integrated housing, commercial centers, and opportunities for improved connectivity.

                     This rezoning supports the expansion of resort commercial uses adjacent to residential and mixed-use areas. It promotes walkable access to commercial amenities and tourist attractions, aligning with the goal of encouraging integrated, mixed-use environments.

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.

                     The C-4A district is intended to serve tourists, conference attendees, and support services. This directly aligns with the Confluence strategy, which includes tourism, hospitality, and event-based industries as key economic drivers for New Braunfels.

 

FISCAL IMPACT:

The Land Use Fiscal Analysis (LUFA) recommended action is to prioritize infill projects that add people and buildings in areas with existing infrastructure. This will increase revenue without significant impacts on services and infrastructure costs, and distribute cost burdens for service delivery across more property owners.

Recommendation

RECOMMENDATION:

The Planning Commission held a public hearing on May 6, 2025, and failed to recommend approval of the applicant’s request (3-5-0).

 

Staff recommends approval. The request aligns with surrounding zoning and land uses, including nearby residential and tourist accommodations, and supports expansion of resort commercial activity in a key area of the city. The location provides walkable access to nearby attractions and is appropriate for uses intended to serve visitors and the local community. Rezoning to C-4A AH will allow for development consistent with the area’s character and tourism-oriented economy.

 

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 10 properties within 200 feet of the request. As of the date this agenda was posted, the city has received responses representing 48% in opposition.

 

Opposition represents 20% or more 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.

 

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. 3.4-15 (C-4A) 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>