PRESENTER: Presenter
Applicant: Stephanie Groves
Owner: Continental Autonomous Mobility US, LLC
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SUBJECT: Title
ZB25-0010 Public hearing and consideration of a variance request to Section 144-5.20(c) of the Zoning Ordinance to allow an addition to an existing manufacturing facility to exceed the maximum elevation of 801 feet above mean sea level (MSL) permitted in the Horizontal Zone of the Airport Hazard Zoning District by 42.20 feet (to a total elevation of 843.20 feet MSL), currently addressed as 440 Kohlenberg Rd.
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BACKGROUND RATIONALE:
Case #: ZB25-0010
Applicant: Stephanie Groves, stephanie.groves@gseeng.com
Owner: Continental Autonomous Mobility US, LLC, clint.zengler@continental-coporation.com
Staff Contact: Mary Lovell, (830) 221-4051, mlovell@newbraunfels.gov
The property is zoned M-1A (Light Industrial District), which establishes a maximum building height of 120 feet. The proposed addition to the manufacturing facility is approximately 114 feet in height; therefore, it complies with the base zoning district’s height limitation.
However, the property is also located within the Horizontal Zone of the Airport Hazard Overlay Zoning District, which limits structures to a maximum elevation of 801 feet above mean sea level (MSL). The proposed building addition will reach an elevation of 843.20 feet MSL, which exceeds the allowable height by 42.20 feet.
The applicant has provided documentation confirming that the Federal Aviation Administration (FAA) completed an aeronautical study, circulated it for public comment, and received no responses. The study included an analysis of all four corners of the proposed building. Supporting documents are provided in the attachments.
Before applying for a variance from the Board of Adjustment, the applicant was required to obtain a recommendation from the New Braunfels National Airport Advisory Board. On July 23, 2025, the board discussed and unanimously voted to recommend a waiver for the proposed addition to exceed the height limitation in the Horizontal Zone of the Airport Hazard Zoning District.
Strict application of the Airport Hazard Zoning District standard would prevent the construction of the proposed building addition, despite compliance with the underlying zoning district’s height requirements. The applicant is therefore requesting a variance of 42.20 feet to allow for a structure to have a maximimum height of 843.20 feet above mean sea level.
Section 2.2-2(a) of the Zoning Ordinance states the Board of Adjustment may authorize a variance from the zoning regulations only upon finding the following facts:
1) That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of land; (The applicant states that due to the site’s proximity to the airport, an undue special circumstance arises when considering the additional development of the land. Per the FAA, the "aeronautical study revealed that the structure would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities.” As a result, the FAA has determined that the proposed additional structure would not be a hazard to air navigation), and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (The applicant states that Continental Automotive desires to make a significant investment into their existing manufacturing facility. The added space includes approximately 140,000 square feet of additional manufacturing space, including a 27,000 square foot piece of equipment that is known as an Automated Storage and Retrieval System (ASRS) that is approximately 101 feet tall. The existing facility manufactures electronic equipment for automobiles. The new addition will house a new manufacturing process producing additional electronic equipment for commercial vehicles, as well as a new product line for autonomous over-the-road trucks. This new process requires large quantities of parts and a storage system to support the production process. To accommodate this, the process will require the installation of automatic storage and retrieval equipment (ASRS). This process uses robotic cranes to store and retrieve pallets. The top of storage will be 85 feet high with an approximate building roof height of 114 feet, which is also measured at 843.20 feet above mean sea level), and
3) That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property within the area; (The applicant states that granting the variance is essential to the continued growth of the business and its positive contribution to the local economy. The additional building height will not be detrimental to public health, safety, or welfare, nor will it adversely affect surrounding properties.
The applicant further notes that aircraft using the airport will continue to be operated in compliance with federal aviation standards, and that the Airport Hazard Zoning District overlay imposes restrictions that are more stringent than federal requirements. The proposed addition was reviewed by the Federal Aviation Administration (FAA) through an aeronautical study, which included a public comment period. No objections were received, and the FAA determined that the structure does not create a navigational hazard. Therefore, the requested variance would not negatively impact public health, safety, or welfare), and
4) Granting of the variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this Chapter; (The applicant states that the requested variance will not interfere with the orderly use or development of surrounding properties. The adjacent properties are currently undeveloped, and the facility’s buildings are located a significant distance from the property boundaries), and
5) That an undue hardship exists; (The applicant states that there is undue hardship to the land by requiring the use of outdated measurements that are no longer applicable to federal airspace regulations. The FAA states that a structure as tall as 843.20 feet above mean sea level would not be a hazard to air navigation, as evidenced by the FAA Determination of No Hazard documents dated May 13, 2025, included in the attachments. In addition, strict application of the Airport Hazard Zoning District standard would prevent the property owner from constructing an addition that otherwise complies with the underlying zoning district. The elevation restriction results in a practical difficulty due to the natural topography and the existing grade of the site relative to mean sea level, which the applicant cannot reasonably alter), and
6) That the granting of a variance will be in harmony with the spirit and purpose of these regulations. (The applicant states that granting of the variance will be in harmony with the spirit and purpose of the city’s regulations. The intent of the Airport Hazard Zoning District is to protect the public and ensure safe navigation of aircraft. The FAA’s aeronautical study concluded that the proposed structure does not pose a hazard to air navigation. Therefore, granting the variance would not conflict with the spirit or intent of the ordinance.)
GENERAL INFORMATION:
Base Zoning District: M-1A (Light Industrial District)
Base Zoning District Height Maximum: 120 feet
Land Use Allowed by Right: Yes
Overlay District: Airport Hazard Zoning District
Overlay District Maximum Height: 801 feet above mean sea level
Proposed Height of Addition: 843.20 feet above mean sea level
Size of Lot:
Lot area: 47.3 acres (2,059,000 square feet)
Lot depth: 1,420 feet
Lot width: 1,450 feet
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North, South, East, & West - Undeveloped Land
Notification
Public hearing notices were sent to 3 owners of property within 200 feet of the subject property. To date, staff has received no responses in opposition.