PRESENTER: Presenter
Applicant: James Ingalls, P. E.
Owner: Paul Ringmacher, River Forest Properties LLC
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SUBJECT: Title
SUP24-362 Public hearing and recommendation to City Council to rezone approximately 1.7 acres out of the Tri-Acres Subdivision, Lots 2 and 3, from C-1A AH (Neighborhood Business District with Airport Hazard Overlay) and R-3 AH (Multifamily District with Airport Hazard Overlay) to C-1B AH SUP (General Business District with Airport Hazard Overlay and a Type 1 Special Use Permit), currently addressed at 1182 & 1212 Old FM 306.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 4
BACKGROUND INFORMATION:
Case Number: SUP24-362
Applicant: James Ingalls, P.E
(830) 358-7127 | plats@ink-civil.com
Owner: Paul Ringmacher, River Forest Properties LLC
(409) 360-6522 |paul@ringmacher.com
Staff: Mary Lovell
(830) 221-4051 | mlovell@newbrainfels.gov
The subject property is approximately 1.7 acres in area and is comprised of two parcels located on the east side of Old FM 306. There are single family residences to the west and south of the subject property. Resort and short-term rental properties are located to the northwest. A gas station and a tractor sales business are located to the north of the subject property.
ISSUE:
The subject property is abutting a tractor sales company along the northeastern property lines. The tractor sales property was rezoned to C-1 AH SUP (Local Business District with Airport Hazard Overlay and a Type 1 Special Use Permit) to allow tractor sales in a 2016 rezoning case (Ord. No. 2016-18). The Type 1 Special Use Permit allowed Council to remove some uses from the C-1 (Local Business District) that were undesirable.
The tractor sales company located on the abutting lot and addressed at 1175 FM 306, is in need of more space for parking (customers, employees, and new vehicle/equipment sales parking) and plans to utilize the subject property for additional parking. The applicant has indicated that the subject property will only be accessed from FM 306, using the current access driveways for the tractor company. This well-established access point on existing tractor sales property will eliminate deliveries or car entry from Old FM 306.
The applicant is requesting C-1B (General Business District) as the base zoning district as it allows tractor and trailer sales, rental and storage.
The applicant is also requesting a Type 1 Special Use Permit in conjunction with the base zone change. The Type 1 SUP allows a mechanism for applicants to propose alternative design standards as well as restrict or add specific uses, with the intent of providing a higher quality development. The applicant is proposing to restrict uses that are allowed by right in the C-1B district that may be of concern to neighboring residents. The uses that that the applicant proposes to be removed as part of the Type 1 SUP are Bar/tavern, Billiard/pool facility, Club (private), Country club (private), Drug sales/Pharmacy, Fraternal organization/civic club (private club), Microbrewery (onsite manufacturing and/or sales), Micro distillery (onsite manufacturing and/or sales), Shooting gallery-Indoor, and Tattoo or body piercing studio. These uses are marked out on the list of allowed uses in Exhibit “A” indicating that they will not be allowed if the rezoning request is approved.
The proposed rezoning request is in alignment with the following recommendations and strategies of the Land Use Fiscal Analysis:
• Prioritize infill projects that add people and buildings in areas with existing infrastructure. This will increase tax revenue without significant impacts on services and infrastructure costs and distribute cost burdens out across more home/ business owners.
In addition, the requested zoning 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: Pro actively provide a regulatory framework that remains business and resident friendly.
Future Land Use Plan: The subject property is located within the New Braunfels Subarea near a proposed Small Market Center.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☐N/A
• Economic Mobility: Incentivize mixed-use developments and redevelopments in targeted locations to create a built environment with integrated housing, commercial centers, and opportunities for improved connectivity.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Staff recommends approval of the applicant’s request for C-1B AH SUP (General Business District with Airport Hazard Overlay and a Type 1 Special Use Permit), to allow the subject property to be utilized for customer, employee, and new vehicle/equipment parking and restricting the uses as shown in Exhibit “A.”
Staff also recommends the following additional conditions:
1. Remove the uses listed below to minimize adverse impacts to the surrounding single-family development:
a. Ambulance service (private),
b. Car wash (self service; automated),
c. Car wash, full service (detail shop),
d. Convenience store with or without fuel sales,
e. Filling station,
f. Limousine/taxi service,
g. Mini-warehouse/self storage units with outside boat and RV storage,
h. Parking lots (for passenger car only) (not as incidental to the main use),
i. Parking structure/public garage, and
j. Vehicle storage facility.
2. No delivery and/or employee/customer vehicles related to the tractor sales company shall enter the subject property from Old FM 306. All deliveries and employee/customer vehicles shall access the subject property from FM 306.
3. Development of the site shall be in compliance with the above-listed development standards. Any significant alterations to the approved development standards will require an amendment to the SUP with a recommendation from the Planning Commission and approval by the City Council.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 17 properties within 200 feet of the request. To date, the city has received responses of less than 20% in opposition.
• Chapter 144, Sec. 3.3-7 (C-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. 3.3-3 (R-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. 3.4-12 (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 (AH) 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>
• Chapter 144, Sec. 3.6 (SUP) 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>