PRESENTER: Presenter
Christopher J. Looney, AICP Planning and Development Services Director
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SUBJECT: Title
Public hearing and first reading of an ordinance to rezone 0.15 acres out of the Jahn Addition Subdivision, New City Block 1022, Block 11, Lot 1, from M-1 (Light Industrial District) to M-1 SUP (Light Industrial District with a Special Use Permit for a Telecommunications Tower), currently addressed at 514 S Castell Ave.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case No: SUP24-354
Applicant:
Vincent Gerard & Associates
(512) 328-2693 | sherryh@vincentgerard.com
Owner:
Crown Castle
(713) 570-3060 | tyler.richards@crowncastle.com
Staff Contact:
Amanda Mushinski, CNU-A
(830) 221-4056 | amushinski@newbraunfels.gov
The subject 0.15-acre tract is located at the south corner of the intersection of South Castell Avenue and Butcher Street, less than one block southeast of the former City Hall and the New Braunfels Recycling Center, and one block southeast of the New Braunfels Civic/Convention Center. It is bordered by M-1 and C-2 zoning with nearby residences and multiple commercial properties. The applicant is seeking a Special Use Permit (SUP) to construct a 135-ft tall monopole telecommunications tower to replace an existing 120-ft tall tower that is in the public parking lot at 350 South Castell Avenue nearby.
The land for the existing tower is under a lease agreement between the City of New Braunfels and the tower owner. The agreement expired on December 31, 2024; on August 12, 2024, City Council approved a one-year extension to provide the lessor with additional time to remove their infrastructure from the property. Pursuant to the South Castell Avenue Visioning Plan, the current tower site is part of a larger area slated for redevelopment within five years; a renewed lease would impose a barrier to redevelopment. Additionally, in the interim the City is advancing a short-term project to reconfigure the existing public parking lot to add approximately 60 spaces. The community has an interest and expresses desire to pursue additional parking supply opportunities where it is cost efficient and feasible to do so. The existing tower’s location infringes on the ability to pursue the construction of additional public parking in this area of Downtown.
The following chart indicates the baseline zoning requirements that apply to the installation of new towers. All new towers are subject to a minimum setback from residential or historic properties.
The installation of a new tower at the proposed location requires an SUP due to two circumstances:
1. The property is located within the New Braunfels Downtown Area; and
2. The proposed tower does not meet the minimum setback distance of 160 feet from an existing, off-site residential structure. There are two existing, off-site residential structures that are less than the minimum setback distance from the proposed tower (522 S. Castell Avenue and 247 Butcher Street); the closest is 37 feet from the proposed tower.
ISSUE:
Pursuant to Section 144-5.7-6 of the New Braunfels Code of Ordinances, the City Council evaluates several factors when deciding whether to approve an SUP. City Council may waive or reduce some criteria to better align an applicant’s proposal with the community’s goals. Considerations include the proposed tower’s height, proximity to residential, the nature of nearby properties, surrounding topography, tree canopy, and the tower design’s ability to minimize visual impact. City Council also assesses whether, as an alternative, collocating on existing towers or placing antenna arrays on existing structures could meet the same needs.
The applicant indicates their proposed tower is designed to support three or more users. An engineered fall zone assessment confirms the structure’s safety, and the applicant is proposing screening measures to reduce the tower’s visual impact. The applicant has indicated that there are no suitable existing towers in the area, or structures on which to place the antenna(s). It is important to note that the installation of antenna array on non-residential structures (in cooperation with the respective owner) would not require an SUP and may be administratively approved. It is not uncommon for antennas to be attached to existing buildings, signs, or poles.
The applicant’s proposed landscaping plan would require modifications to meet the City’s adopted approved plant list (Appendix A, 144-5.3). Specifically, the proposed Live Oak trees along Butcher Street are unsuitable due to their proximity to overhead utility lines. To address this, trees from the ornamental section of the approved list should be planted at that location instead.
COMPREHENSIVE PLAN:
• Action Item 1.7: Target infrastructure investments to support a growing population in preferred locations.
• Action Item 7.27: Make unifying and transitional connections to and from Downtown through efforts like the South Castell Visioning Plan that encourages thoughtful mixed-use projects that blend in with the character and design of the community.
Future Land Use Plan: The subject property is located within the New Braunfels Sub Area, along a Transitional Mixed-Use Corridor, and near existing Civic, Education, Employment, and Outdoor Recreation Centers.
SOUTH CASTELL AVENUE VISIONING PLAN:
The subject property is adjacent to the South Castell Avenue Visioning Plan. Completed in 2018, the Visioning Plan was developed through a robust public input process and outlines redevelopment of the area. It includes plans for upgrades to the Civic/Convention Center and redevelopment of the former City Hall site for mixed use, including residential and commercial uses, and concepts for streetscape improvements. Compatibility with this anticipated form of urban development will need to be considered.
The Visioning Plan includes some specific goals including:
• Streetscape treatments to reduce the “expansive feeling” of Castell Avenue and make it more pedestrian in scale. Key treatments include landscaped greenbelt to help define the street edge, sidewalks, underground utilities, and pushing parking to the rear of commercial structures.
• Landscaped stormwater planters along the street (Low Impact Development (LID) Best Management Practices (BMPs)).
• All three Visioning Plan development scenarios depict residential across Butcher Street from the proposed tower site, with one of the scenarios showing first floor commercial. So, buffering should focus on ameliorating negative impacts a tower can have on residential, both first floor and multi-story.
STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☒N/A
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
If City Council is inclined to approve the applicant’s request, staff recommends the following conditions in consideration of specific community expectations outlined in the South Castell Avenue Visioning Plan:
1. Landscaping and screening shall comply with the submitted plans, with the following modifications:
a. Replace the Live Oaks proposed along Butcher Street with ornamental tree species from the approved plant list, such as Redbud (Cercis spp.), Desert Willow (Chilopsis linearis), or Texas Mountain Laurel (Dermatophyllum secundiflorum).
b. Add evergreen shrubs as understories to the above ornamental trees. Examples of such shrubs include Texas Sage (Leucophyllum frutescens), Yaupon Holly (Ilex vomitoria), or Wax Myrtle (Myrica cerifera), for enhanced screening of the tower.
c. Plant at least two ornamental trees and two evergreen shrubs along the Castell Avenue side of the subject property, within 6 feet of the property line.
d. Revise tree planting details to meet ANSI standards (A300 Part 6) for staking methods and backfill material.
2. The maximum height of the monopole telecommunications tower shall be 135 feet.
3. A minimum 6-foot wide sidewalk shall be constructed along South Castell Avenue and shall be separated from the curb by at least 4 feet.
4. A minimum 4-foot wide sidewalk shall be constructed along Butcher Street.
5. The property will remain in compliance with the approved site plan and conditions imposed by City Council. Any significant changes to the site plan or conditions will require a revision to the SUP.
The Planning Commission held a public hearing on December 3, 2024 and recommended denial (6-2-0).
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 12 properties within 200 feet of the request. As of the date this agenda was posted, the city has received three responses in opposition to the request.
Resource Links:
• Chapter 144, Sec. 3.3-11 (M-1) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.3ZODIREPRZOPRJU221987>
• Chapter 144, Sec. 3.6 (SUP) of the City's Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeld=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.6SPUSPE>
• Chapter 144, Sec. 5.7 (Telecommunication towers/antennas) of the City's Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTVDEST_S144-5.7TETOAN>
• South Castell Avenue Visioning Plan <https://newbraunfels.gov/3335/South-Castell-Avenue>