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 13 acres out of A. M. Esnaurizar Survey, Abstract 20, from APD AH (Agricultural/Predevelopment District with Airport Overlay) to C-1A AH (Neighborhood Business District with Airport Overlay), currently addressed at 1807 FM 758.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 2
BACKGROUND INFORMATION:
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Case No: |
PZ23-0394 |
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Applicant: |
Juan Vasquez |
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1919 S Shiloh Road # 440 |
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Garland, TX 75042 |
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(469) 951-3526 | jvasquez@vasquezengineering.com |
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Owner: |
Mary Jane Heinen |
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5650 FM 775 |
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Seguin, TX 78155 |
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(830) 708-4902 | maryheinen@gvec.net |
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Staff Contact: |
Amanda Mushinski |
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(830) 221-4056 | amushinski@newbraunfels.gov |
The City Council held a public hearing on November 27, 2023, and unanimously approved the first reading of the requested rezoning ordinance (7-0-0).
The subject property is approximately 13 acres in size, located on the northwest side of FM 758, approximately 1/3 of a mile southwest of the New Braunfels National Airport, and approximately 1 mile northeast of the intersection of FM 758 and SH 46.
The applicant is requesting a change in zoning from APD AH (Agricultural/Predevelopment District with Airport Overlay) to C-1A AH (Neighborhood Business District with Airport Overlay).
Surrounding Zoning and Land Use:
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North |
APD AH |
Vacant |
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South |
Across FM 758: ETJ |
Outside City Limits, Vacant |
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East |
APD AH AL |
Single-Family Residences |
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West |
ZH-A AH |
Vacant |
ISSUE:
The application outlines the intended zoning change, which is to allow for the development of a Tractor Supply retail store and its corresponding display areas. Under the C-1A zoning district retail uses are permitted by right.
C-1A would be consistent with the following actions from Envision New Braunfels:
• Action 1.3: Encourage balanced and fiscally responsible land use patterns.
• Action 3.3: Balance commercial centers with stable neighborhoods.
Future Land Use Plan: The subject property is located within the Oak Creek Sub-Area, near multiple proposed Civic and Market centers.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
The subject property's location, in proximity to the New Braunfels National Airport and SH 46, suggests a strategic position for neighborhood business development. The surrounding zoning and land uses also indicate compatibility with the requested C-1A zoning. While strip commercialization of major thoroughfares should generally be avoided, this zoning change would fit well within the existing land uses and the nearby proposed centers of the area, and would begin an appropriate land use transition from residential on the west to commercial and industrial towards the airport. Therefore, staff recommends approval.
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 4 properties within 200 feet of the request. To date, the city has received 1 response in opposition.
The opposition represents 20% or more of the notification area. 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. 3.4-12 (C-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 (Airport Hazard Zoning District) 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>