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File #: 23-1555    Name:
Type: Ordinance Status: Passed
File created: 11/8/2023 In control: City Council
On agenda: 11/27/2023 Final action: 11/27/2023
Title: Public hearing and first reading of an ordinance to rezone approximately 13 acres out of A. M. Esnaurizar Survey, Abstract 20, from APD AH (Agricultural/Predevelopment District with Airport Overlay) to C-1A AH (Neighborhood Business District with Airport Overlay), currently addressed at 1807 FM 758.
Attachments: 1. City Maps, 2. Districts Comparison Table, 3. TIA Determination Letter & Form, 4. Subject Property Photos, 5. Notification Map, List, and Responses, 6. PC Draft Minutes, 7. Draft Ordinance

PRESENTER: Presenter

Matthew Simmont, AICP, Planning Manager 

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SUBJECT: Title

Public hearing and first reading of an ordinance to rezone approximately 13 acres out of A. M. Esnaurizar Survey, Abstract 20, from APD AH (Agricultural/Predevelopment District with Airport Overlay) to C-1A AH (Neighborhood Business District with Airport Overlay), currently addressed at 1807 FM 758.

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DEPARTMENT: Planning and Development Services

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COUNCIL DISTRICTS IMPACTED: 2

 

BACKGROUND INFORMATION:

Case No:

PZ23-0394

 

 

Applicant:

Juan Vasquez

 

1919 S Shiloh Road # 440

 

Garland, TX 75042

 

(469) 951-3526 | jvasquez@vasquezengineering.com

 Owner:

 Mary Jane Heinen

 

5650 FM 775

 

Seguin, TX 78155

 

(830) 708-4902 | maryheinen@gvec.net

 Staff Contact:

 Amanda Mushinski

 

(830) 221-4056 | amushinski@newbraunfels.gov

 

The subject property is approximately 13 acres in size, located on the northwest side of FM 758, approximately 1/3 of a mile southwest of the New Braunfels National Airport, and approximately 1 mile northeast of the intersection of FM 758 and SH 46.

 

The applicant is requesting a change in zoning from APD AH (Agricultural/Predevelopment District with Airport Overlay) to C-1A AH (Neighborhood Business District with Airport Overlay).

 

Surrounding Zoning and Land Use:

North

APD AH

Vacant

South

Across FM 758: ETJ

Outside City Limits, Vacant

East

APD AH AL

Single-Family Residences

West

ZH-A AH

Vacant

 

ISSUE:

The application outlines the intended zoning change, which is to allow for the development of a Tractor Supply retail store and its corresponding display areas. Under the C-1A zoning district retail uses are permitted by right.

 

C-1A would be consistent with the following actions from Envision New Braunfels:

                     Action 1.3: Encourage balanced and fiscally responsible land use patterns.

                     Action 3.3: Balance commercial centers with stable neighborhoods.

 

Future Land Use Plan: The subject property is located within the Oak Creek Sub-Area, near multiple proposed Civic and Market centers.

 

FISCAL IMPACT:

N/A

Recommendation

RECOMMENDATION:

The location of the subject property, in proximity to the New Braunfels National Airport and SH 46 suggests a strategic position for neighborhood business development. The surrounding zoning and land uses listed in the staff report also indicate compatibility with the intended C-1A zoning. This zoning change fits well within the existing land uses and the nearby proposed centers of the area. Therefore, staff recommends approval.

 

The Planning Commission held a public hearing on November 7, 2023, and unanimously recommended approval (7-0-0).

 

Mailed notification as required by state statute:

Public hearing notices were sent to owners of 4 properties within 200 feet of the request. To date, the city has received no responses.

 

Resource Links:

                     Chapter 144, Sec. 3.4-1 (APD) 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. 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 (Airport Hazard Zoning District) 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>