PRESENTER: Presenter
Jean Drew, AICP, CNU-A, Planning & Development Services Assistant Director
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SUBJECT: Title
Public hearing and first reading of an ordinance to rezone approximately 25.59 acres out of the John Thompson Survey No. 21, Abstract No. 608, Comal County, Texas, from APD (Agricultural/Pre-development District) to R-3H (Multifamily High Density District), TH-A (Townhome Residential District), and C-1B (General Business District), currently addressed at 1890 FM 1044.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 6
BACKGROUND INFORMATION:
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Case No: |
PZ23-0349 |
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Applicant: |
Sergio Lozano Sanchez, P.E. |
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2211 S IH 35 Frontage Road, Suite 107 |
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Austin, TX 78741 |
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(512) 524-0677 | sergioloccivil@gmail.com |
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Owner: |
FM 1044 Real Estate, LLC |
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4313 Mezzaluna Pass |
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Leander, Texas 78641 |
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(512) 563-8790 | sameerumatiya@yahoo.com |
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Staff Contact: |
Mary Lovell |
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(830) 221-4051 | mlovell@newbraunfels.gov |
The subject property is approximately 26 acres located at the intersection of FM 1044 and County Line Road, approximately one mile south of IH 35, and less than a mile from County Line Elementary School.
The applicant is requesting a change in zoning from APD (Agricultural/Pre-development District) to R-3H (Multifamily High-Density District), TH-A (Townhome Residential District), and C-1B (General Business District).
Surrounding Zoning and Land Use:
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North |
APD |
Single-Family Residences |
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South |
APD SUP, C-1B SUP |
Undeveloped Land, Single-Family Residences |
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East |
C-1Br36 |
Undeveloped Land |
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West |
PD |
Single-Family Residences |
ISSUE:
The applicant’s submittal indicates the purpose for the change in zoning is to allow for a convenience store with fuel sales, a townhome development and a multifamily development.
The applicant’s request indicates that a convenience store with fuel sales is planned to be located on a 2.18 acre eastern portion of the subject property that is proposed to be rezoned to C-1B (General Business District). The applicant is also requesting approximately 9.74-acre area of the property to be rezoned to R-3H (Multifamily High Density District). Finally, an 8.13-acre area on the southern portion of the property is proposed to be rezoned to TH-A (Townhome Residential District).
The applicant also proposes dedicating approximately 5.6 acres of the subject property for a 120-foot wide right-of-way for the West County Line Road extension. This extension would provide transportation access for the proposed uses on the subject property, as well as the citizens and visitors to the City of New Braunfels. The applicant is processing the required traffic impact analysis (TIA) and thoroughfare requirements with the Transportation and Capital Improvements Department (TCI). TCI is currently managing the delivery of two new traffic signals on FM 1044 at County Line Road and Schmidt Avenue and updating the thoroughfare plan that includes the future extension of County Line Road. If this requested rezoning is approved, the applicant will include and coordinate all capital improvements with TCI.
The proposed rezoning request would be consistent with the following actions from Envision New Braunfels:
• Action 1.3: Encourage balanced and fiscally responsible land use patterns.
• 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 3.3: Balance commercial centers with stable neighborhoods.
• Action 3.6: Pro actively provide a regulatory framework that remains business and resident friendly.
Future Land Use Plan: The subject property lies within the Walnut Springs Sub-area near existing education and employment centers.
FISCAL IMPACT: N/A
Recommendation
RECOMMENDATION:
Approval. The proposed rezoning is consistent with the Future Land Use Plan and the Regional Transportation Plan and will aid in traffic flow with the extension of West County Line Road.
The Planning Commission held a public hearing on October 4, 2023, and recommended denial (6-1-0).
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 40 properties within 200 feet of the request. To date, the City has received responses in opposition greater than 20%. Pursuant to state statute, a ¾ majority of the City Council (6 votes) will be required to approve the applicant’s request, unless that 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, Sec. 3.4-11 (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, Sec. 3.4-1 (TH-A) 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. 3.4-11 (C-1B) 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>