PRESENTER: Presenter
Matthew Simmont, AICP Planning Manager
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SUBJECT: Title
Public hearing and first reading of an ordinance to rezone 0.55 acres out of the Unicorn Heights Subdivision, Extension 4, Lot 13, from C-3 (Commercial District) to C-3 SUP (Commercial District with a Special Use Permit for Auto Body Repair), currently addressed at 950 IH 35 South
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 1
BACKGROUND INFORMATION:
Case No: SUP24-397
Applicant:
Carlos Manzo
(512) 662-3227 | carlosmanzo2013@gmail.com
Owner:
Farm Haus Glass and Fireplace, LLC
(210) 606-3724 | crystalheubaum@gmail.com
Staff Contact:
Amanda Mushinski, AICP-Candidate, CNU-A
(830) 221-4056 | amushinski@newbraunfels.gov
The subject property is 0.55 acres on the north side of IH 35 South, approximately 500 feet northeast of the intersection of South Walnut Avenue and the IH 35 South Access Road. It is bordered by R-2, C-1B, and C-3 zoning. Adjacent land uses consist of a residential neighborhood, H-E-B, U-Haul, and Auto Repair Garages.
ISSUE:
The requested Special Use Permit (SUP) is to allow for the operation of an auto body repair shop at 950 IH 35 South. Under the current C-3 (Commercial District) zoning, auto body repair requires an SUP per Section 144-5.11 of the City’s Code of Ordinances, to ensure auto body repair and garage facilities are compatible with the surroundings. The subject property abuts an R-2 zoning district to the north, which is a residential neighborhood that allows both single-family homes and duplexes. This proximity to residential zoning triggers the need for the SUP to ensure that any potential impacts, such as noise, aesthetics, and vehicle storage, are mitigated. Mitigation measures could include conducting all repair activities within the building, screening of vehicles awaiting repair, hours of operation, landscape buffering, and other measures.
COMPREHENSIVE PLAN REFERENCE:
The request would be consistent with the following actions from Envision New Braunfels:
• Action 1.6: Incentivize infill development and redevelopment to take advantage of existing infrastructure.
• Action 1.8: Concentrate future investment in industrial and employment centers near existing and emerging hubs, such as the airport; and along existing high-capacity transportation networks, such as Interstate Highway 35.
• Action 2.33: Encourage vertical growth and development of key areas to take advantage of infrastructure capacity, maintain the core, and to discourage sprawl.
• Action 3.3: Balance commercial centers with stable neighborhoods.
Future Land Use Plan: The subject property is located within the New Braunfels Sub Area, along a Transitional Mixed-Use Corridor, and near existing Employment, Market, and Civic Centers.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☐N/A
• Economic Mobility - Objective: Support Confluence, the New Braunfels Chamber of Commerce Economic Development Strategic Plan, by helping to ensure a community that supports the targeted industries and increases the diversity of job opportunities in the community.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Staff recommends approval with the following conditions:
1. A six-foot to eight-foot-tall solid screen buffer wall shall be installed and maintained along the common property line of abutting single-family or two-family properties. The wall shall comply with requirements as outlined in Section 144-5.3-2(h), including:
• The use of brick, stone, cast stone, rock, marble, granite, split-face concrete block, poured-in place concrete, or precast concrete.
• Residential buffer walls shall not be constructed of fiber cement or equivalent materials.
• Exemptions shall comply with Section 144-5.3-2(h)(1).
2. A residential buffer landscape shall be installed and maintained along the common property line of abutting single-family or two-family properties as follows:
• A minimum of one tree per 25 linear feet of property, with each tree measuring at least 1½ inches in diameter.
• Shade trees shall be planted unless under utility lines, where ornamental trees may be used.
• Each tree must have a minimum permeable surface of 60 square feet under its drip line, with planting areas at least five feet in width.
• Existing trees may be credited toward meeting this requirement, provided their location and spacing align with city standards.
3. All repair activities must occur inside the building per Section 144-5.11 of the City’s Code of Ordinances. Additionally, all vehicles awaiting repair must be screened from view in accordance with ordinance requirements.
The Planning Commission held a public hearing on January 7, 2025, and unanimously recommended approval (7-0-0).
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 11 properties within 200 feet of the request. As of the date this agenda was posted, the city has received no responses.
Resource Links:
• Chapter 144, Sec. 3.3-9 (C-3) 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 (Special Use Permit) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.6SPUSPE>
• Chapter 144, Sec. 5.11 (Auto body repair and garages) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTVDEST_S144-5.11AUBOREGAPU>