New Braunfels Logo
File #: 25-149    Name:
Type: Ordinance Status: Passed
File created: 1/28/2025 In control: City Council
On agenda: 2/10/2025 Final action: 2/10/2025
Title: Approval of the second and final reading of an ordinance to rezone approximately 10.43 acres out of the Orilla Russell Survey, Abstract No. 485, from APD AH (Agricultural/Pre-development Airport Hazard Overlay District) to M-1A AH (Light Industrial Airport Hazard Overlay District), currently addressed at 3137 FM 1102.
Attachments: 1. City Maps, 2. Districts Comparison Table, 3. Subject Property Photos, 4. Notification Map, List & Responses, 5. PC Draft Minutes, 6. Draft Ordinance

PRESENTER: Presenter

Matthew Simmont, AICP, Planning Manager

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SUBJECT: Title

Approval of the second and final reading of an ordinance to rezone approximately 10.43 acres out of the Orilla Russell Survey, Abstract No. 485, from APD AH (Agricultural/Pre-development Airport Hazard Overlay District) to M-1A AH (Light Industrial Airport Hazard Overlay District), currently addressed at 3137 FM 1102.

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DEPARTMENT: Planning and Development Services

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COUNCIL DISTRICTS IMPACTED: 4

 

BACKGROUND INFORMATION:

Applicant:                      James Ingalls, P.E.

(830) 358-7127 | plats@ink-civil.com

 

Owner:                       Johnnie F. Row

                                          (836) 606-8292

 

Staff Contact: Mary Lovell

 (830) 221-4051| mlovell@newbraunfels.gov

 

The City Council held a public hearing on January 27, 2025, and unanimously approved the first reading of the applicant’s requested rezoning ordinance (6-0-0).

 

The subject 10.43-acre property is located northeast of the intersection of FM 1102 and Orion Drive along the edge of the city limits. The applicant requests a change in the base zoning district from APD (Agricultural/Pre-Development District) to M-1A (Light Industrial District).

 

The surrounding properties are zoned M-2A (Heavy Industrial District) to the north and C-1B (General Business District) to the south. Currently, undeveloped land surrounds the subject property in all directions. The City’s new Northwest Park under planning and development lies across the highway and railroad tracks to the northeast.

 

ISSUE:

The applicant indicates the purpose of the zoning change request is to allow for future commercial development.

 

COMPREHENSIVE PLAN REFERENCE:

The requested zoning 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.

                     Action 3.6: Proactively provide a regulatory framework that remains business and resident friendly.

 

Future Land Use Plan: The subject property is located within the Oak Creek Sub Area near an existing Employment Center.

 

STRATEGIC PLAN REFERENCE:

Economic Mobility Enhanced Connectivity Community Identity

Organizational Excellence Community Well-Being N/A

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

 

FISCAL IMPACT:

An increase in development opportunities from rezoning will create potential for net positive revenue per acre. This request is in alignment with the following recommendations and strategies of the Land Use Fiscal Analysis:

                     Rezone large vacant agricultural tracts to allow development that generates net positive revenue.

Recommendation

RECOMMENDATION:

Staff recommends approval.

 

The Planning Commission held a public hearing on January 7, 2025 and recommended approval of the applicant’s request. The motion carried (5-1-1) with Commissioner Schaeffer in opposition and Commissioner Allen abstaining.

 

Mailed notification as required by state statute:

Public hearing notices were sent to owners of 2 properties within 200 feet of the request. To date, the city has received no responses in opposition.

 

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. 3.4-18 (M-1A) 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>