PRESENTER: Presenter
Christopher J. Looney, AICP, Planning Director
Applicant: Vincent Gerard & Assoc. Inc
Owner: City of New Braunfels
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SUBJECT: Title
Public hearing and first reading of an ordinance, requested by Vincent Huebinger of Vincent Gerard & Assoc. Inc, to rezone approximately 0.1 of an acre out of the Oak Run School 2 Subdivision, Block 1, Lot 2B, from R-1 (Single-Family District) to R-1 SUP (Single Family District with a Special Use Permit to allow a Telecommunications Tower), currently addressed at 2212 Alyssa Way.
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DEPARTMENT: Neighborhood and Community Planning
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COUNCIL DISTRICTS IMPACTED: 3
BACKGROUND INFORMATION:
Case No: SUP25-421
Applicant:
Vincent Gerard & Associates
(512) 328-2693 | sherryh@vincentgerard.com
Staff Contact:
Amanda Mushinski, AICP, CNU-A
(830) 221-4056 | amushinski@newbraunfels.gov
The subject site is an approximately 0.1 of an acre portion (2,300 square feet) of the 2.3-acre property addressed at 2212 Alyssa Way, situated at the northwest corner of Alyssa Way and Oak Run Point, one block northwest of State Highway 46 West, and adjacent to Oak Run Middle School. The property is currently occupied by New Braunfels Fire Station No. 4, with the requested lease area located on the station grounds.
The surrounding area includes a mix of civic, educational, residential, and neighborhood commercial uses. The property is bordered by R-1 (Single-Family Residential) District and C-1 (Local Business) District zoning, with adjacent land uses including the middle school, a church, and multiple neighborhood-serving commercial establishments.
ISSUE:
The applicant is requesting a Special Use Permit to allow the installation of a 150-foot tall monopole telecommunications tower and associated unmanned ground equipment within a fenced lease area. Improvements include the monopole, equipment cabinets, an emergency generator, and a screening fence. Landscaping is proposed around the lease area, and existing vegetation along the northern property boundary would remain.
A Special Use Permit is required pursuant to Section 144-5.7 (Telecommunication Towers/Antennas) because the tower is located within an R-1 zoning district, where towers are not allowed by right. Section 144-5.7 requires consideration of height, proximity to residential properties, surrounding topography, screening, compatibility, and whether collocation on existing structures is feasible.
In evaluating the request, the Planning Commission and City Council are to consider compatibility with surrounding zoning and land uses, the visual and aesthetic impacts of the proposed tower, and the adequacy of screening and site design. The nearest residential lots are located approximately 900 feet northwest along Windsor Lane. In their proposal, the applicant indicates they will erect a 6-foot tall decorative wood fence, supplemental landscaping, and preservation of existing vegetation along the northern property line. The applicant has also provided information regarding the lack of suitable existing structures for collocation within the service area.
The submitted landscaping plan was evaluated for compliance with the standards for telecommunications facilities outlined in Section 144-5.7 of the Code of Ordinances. These standards require that screening consist of evergreen vegetation capable of providing year-round visual buffering of the facility. The proposed plan includes deciduous tree species, which do not meet the evergreen screening requirement. While the overall site layout and intent to provide screening are appropriate, revisions to the landscaping plan will be necessary to ensure compliance with the adopted standards and to provide effective, continuous screening for surrounding properties.
These factors should be considered when determining whether the request is appropriate for the site and whether conditions are warranted to ensure compatibility with the surrounding area.
Additionally, the City is subject to limitations in the Federal Telecommunications Act, 47 U.S.C. § 332 (c)(1)(B), which states:
(B) Limitations
(i) The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof-
(I) shall not unreasonably discriminate among providers of functionally equivalent services; and
(II) shall not prohibit or have the effect of prohibiting the provision of personal wireless services.
(ii) A State or local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumentality, taking into account the nature and scope of such request.
(iii) Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record.
(iv) No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions.
(v) Any person adversely affected by any final action or failure to act by a State or local government or any instrumentality thereof that is inconsistent with this subparagraph may, within 30 days after such action or failure to act, commence an action in any court of competent jurisdiction. The court shall hear and decide such action on an expedited basis. Any person adversely affected by an act or failure to act by a State or local government or any instrumentality thereof that is inconsistent with clause iv may petition the Commission for relief.
Traffic Impact Analysis (TIA): Per adopted ordinance, if a TIA is required, it will be conducted at the Subdivision Platting and/or Building Permit stage, as applicable.
Drainage: Per adopted ordinance, if a drainage study is required, it will be conducted with the Public Infrastructure Construction Plan approval process and/or Building Permit stage, as applicable.
COMPREHENSIVE PLAN REFERENCE:
• Action Item 1.7: Target Infrastructure investments to support a growing population in preferred locations.
Future Land Use Plan: The subject property is located within the Veramendi Sub Area, near existing Civic and Education Centers, and near a Future Market Center.
STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☒N/A
FISCAL IMPACT:
The Land Use Fiscal Analysis (LUFA) recommended action is to 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 across more property owners. An increase in development opportunities from rezoning will allow net positive revenue per acre. While the proposed use does not add people that would require infrastructure, it would instead expand infrastructure capacity.
If this rezoning request is approved, the City of New Braunfels and The Towers, LLC (Vertical Bridge) will execute a lease agreement for the location of a telecommunications tower within the defined lease area.
Recommendation
RECOMMENDATION:
Staff recommends approval with the following conditions:
1. Landscaping and screening shall comply with Section 144-5.7 of the Code of Ordinances. The landscaping plan shall be revised to provide evergreen screening vegetation from the City’s approved plant list capable of achieving a minimum height of six (6) feet within two years.
2. The maximum height of the monopole telecommunications tower shall be 150 feet.
3. The property will remain in compliance with the approved site plan. Any significant changes to the site plan will require a revision to the SUP.
The Planning Commission held a public hearing on January 6, 2026, and recommended approval (6-1)
Code of Ordinances Sec. 144-2.1 Changes and Zoning Amendments:
(b) Considerations for approving or denying a zoning change. In making a determination regarding a requested zoning change, the planning commission and the city council shall consider the following factors:
(1) Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned, and their relationship to the general area and to the city as a whole;
(2) Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;
(3) How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved;
(4) Any other factors that will substantially affect the public health, safety, morals, or general welfare; and
(5) Whether the request is consistent with the comprehensive plan.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 5 properties within 200 feet of the request. As of the date this agenda was posted, a supermajority vote of City Council is not required to approve the applicant’s request.
Resource Links:
• Chapter 144, Sec. 3.3-1 (R-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>