PRESENTER: Presenter
Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director
Body
SUBJECT: Title
Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 5.25 acres from “APD”, Agriculture/Predevelopment to “MU-B”, High Intensity Mixed Use, consisting of 0.25 of an acre tract out of the J Noyes Survey 259, Abstract 430, addressed at 471 Engel Road, and a 2.0 acre tract out of the J Noyes Survey 259, Abstract 430 and a 3.0 acre tract out of the J Thompson Survey 21, Abstract 608, addressed at 491 Engel Road.
Header
DEPARTMENT: Planning and Development Services
Body
COUNCIL DISTRICTS IMPACTED: Council District 1
BACKGROUND INFORMATION:
Case #PZ21-0421
Applicant: Lauren Newsom
2050 Cornerstone Drive
New Braunfels, TX 78130
(830) 237-3141 | NewsomL@rushenterprises.com
Owner: Melvin and Helen Voigt Revocable Living Trust (Helen Voigt)
491 Engel Road
New Braunfels, TX 78130
(830) 708-5241 | newvoi@aol.com
Staff Contact: Maddison O’Kelley
(830) 221-4056 | mokelley@nbtexas.org
The subject total 5.25 acres is comprised of three tracts near the Engel Road Industrial Park, approximately 1,900 feet south of IH-35. It has 193 feet of frontage along Engel Road (a Major Collector) with the majority of the property at a depth of 1,530 feet. It is entirely zoned APD and is improved with one single-family residence located near Engel Road.
The applicant is requesting a rezoning from APD to MU-B to facilitate future sale. MU-B is intended to provide for a mixture of more intense retail, office, and industrial uses in close proximity to enable people to live, work and shop in a single location. Current access from Engel Road does not require travel through any residential areas.
Surrounding Zoning and Land Use:
North - APD / Storage containers and undeveloped
South - APD / Agricultural use
East - R-1A-6.6 / Single-family residences (Briar Meadows subdivision)
West - Across Engel Road, ETJ / One single-family residence and self-storage with RV/boat storage
ISSUE:
The proposed rezoning is consistent with the following actions from Envision New Braunfels:
• 1.3: Encourage balanced and fiscally responsible land use patterns.
• 1.6 Incentivize infill development and redevelopment to take advantage of existing infrastructure
• 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 IH-35.
• 3.3 Balance commercial centers with stable neighborhoods.
• 3.8 Identify underutilized neighborhoods.
Future Land Use Plan: The property lies within the Oak Creek Sub Area and is near existing Employment and Civic Centers, and near future Employment and Market Centers.
Most of the properties on Engel Road are located outside city limits within the ETJ where there are no land use regulations, zoning or development standards. Several of these 5-plus acre tracts have been redeveloped in recent years with non-residential uses. Engel Road is designated as a Major Collector and will continue to funnel traffic from development continuing to occur in the adjacent communities of Schertz, Santa Clara and Guadalupe County. The Engel Road overpass over IH-35 is located approximately 1,900 feet from the subject property and the southern boundary of the Engel Road Industrial Park is approximately 300 feet from the subject property. It is likely the surrounding area will continue to develop in a more intense and commercial manner.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Approval. The requested MU-B zoning is supported by Envision New Braunfels and is compatible with the development and redevelopment occurring in the immediate area. New commercial development at this location would utilize existing infrastructure and would not require access through residential areas.
The Planning Commission held a public hearing on January 4, 2022 and unanimously recommended approval of rezoning the property to “C-1B” General Business District. (8-0-0 with Commissioner Tubb absent) The applicant stated C-1B was acceptable.
Mailed Notification pursuant to state statute:
Public hearing notices were mailed to 14 owners of property within 200 feet of the subject property. To date, staff has received three responses in opposition (#14, 7, and 2) and none in favor. Opposition represents more than 20% of the notification area. Pursuant to state statute, a ¾ majority of City Council (6 votes) will be required to approve the applicant’s request unless that opposition changes.
Resource Links:
Chapter 144, Section 3.4-1. “APD” Agricultural/Pre-Development District 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 144-3.4-11 “MU-B” High Intensity Mixed Use District, 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 144-3.4-13 “C-1B” General Business District, 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>