PRESENTER: Presenter
Matthew Simmont, AICP, Planning Manager
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SUBJECT: Title
Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 10.094 acres out of Orilla Russell Survey, Section 2, Abstract 485 from APD (Agricultural/Pre-Development District with Airport Overlay) to C-1B (General Business District with Airport Overlay), located east of the intersection of FM 1102 and Orion Drive.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 4
BACKGROUND INFORMATION:
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Case No: |
PZ23-0395 |
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Authorized Agent: |
James Ingalls, P.E. |
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2021 W SH 46 |
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New Braunfels, TX 78132 |
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(830) 358-7127 | plats@ink-civil.com |
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Applicant: |
Zahir Prasia |
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8585 Sweetness Lane |
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Austin, TX 78750 |
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(512) 576-0786 | jkmomin@gmail.com |
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Owner: |
Johnnie F. Row |
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1383 Hillcrest Rd. |
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New Braunfels, TX 78130 |
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(836) 606-8292 |
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Staff Contact: |
Mary Lovell, Senior Planner |
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(830) 221-4051| mlovell@newbraunfels.gov |
The subject property consists of 10.094 acres located east of the intersection of FM 1102 and Orion Drive and is bordered on one side by the Union Pacific Railroad tracks. The applicant is requesting a change in zoning from APD (Agricultural/Pre-Development District with Airport Overlay) to C-1B (General Business District with Airport Overlay).
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North |
APD, M-2A |
Undeveloped |
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South |
M-1A |
Undeveloped |
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East |
APD, R-1A-4, R-2 |
Railroad, Residential |
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West |
APD, ETJ |
Undeveloped |
ISSUE:
The applicant’s request indicates the purpose for the change in zoning is to allow for a convenience store with fuel sales. A convenience store with fuel sales is a permitted use within the C-1B (General Business District).
The subject property has over a quarter of a mile of frontage on the north side of the property along a principal arterial. The property is bounded by a local road and a railroad easement and tracks to the south, as well as Orion Drive on the west side.
C-1B 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, within an existing transitional mixed use corridor and near a future employment center.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Approval. C-1B zoning is intended to provide for a variety of commercial uses that are accessible by high-capacity roadways.
The Planning Commission held a public hearing on November 7, 2023 and unanimously recommended approval (7-0-0)
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 16 properties within 200 feet of the request. To date, the city has received no responses.
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>
• Chapter 144, Sec. 3.4-13 (C-1B) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI>