PRESENTER: Presenter
Matthew Simmont, AICP, Planning Manager
Body
SUBJECT: Title
Approval of the second and final reading of an ordinance regarding the proposed rezoning of approximately 0.2 acres, Unicorn Heights N.W. Extension, Block 2, Lot 7, from R-2 (Single-Family and Two-Family District) to C-O (Commercial Office District), currently addressed at 1156 Magazine Ave.
Header
DEPARTMENT: Planning and Development Services
Body
COUNCIL DISTRICTS IMPACTED: 1
BACKGROUND INFORMATION:
Case No: PZ25-0021
Applicants/Owners: Blake and Deanna Timmons, (512) 921-6069, b.mtimmons3@gmail.com
Staff Contact: Mary Lovell, (830) 221-4051, mlovell@newbraunfels.gov
The City Council held a public hearing on March 24, 2025 and unanimously approved the first reading of the applicant’s requested rezoning ordinance (7-0-0).
The subject corner property is approximately 0.2 acres and is located at the intersection of Magazine Avenue and Tower Line, about 200 feet south of Business 35. Surrounding zoning includes C-3 (Commercial District) to the north and east and R-2 (Single-Family and Two-Family District) to the south and west. Adjacent land uses consist of various commercial uses such as a beauty salon to the north and a landscape supply business to the east. Single-family homes are located to the south and west of the property.
ISSUE:
The applicants indicate that the rezoning request is to enable the expansion of the existing family home daycare operating on the premises. The existing daycare under the R-2 zoning district allows for the care of up to six children living outside the residence. The applicants would like to serve additional children and to accomplish this goal, the property will need to be rezoned to a district that allows a commercial daycare business.
On February 24, 2025, the City Council approved an amendment to Chapter 144 to allow commercial childcare use in the C-O (Commercial Office District), a mixed-use district allowing a variety of neighborhood-serving services.
Before the approval of this code amendment, the only option to allow a daycare business in the City was to successfully rezone to C-1A (Neighborhood Commercial District), or MU-A (Low Intensity Mixed Use District), allowing potentially incompatible uses near single-family residences. C-O, on the other hand, allows residential, office, and less intense commercial uses that are compatible with one another making it an appropriate district near both residential and commercial uses.
C-O (Commercial Office District) at this location would be consistent with the following actions from Envision New Braunfels:
COMPREHENSIVE PLAN REFERENCE
• Action 1.3: Encourage balanced and fiscally responsible land use patterns.
• Action 3.1: Plan for healthy jobs/housing balance.
• Action 3.27: Provide affordable childcare facilities.
• Action 3.3: Balance commercial centers with stable neighborhoods.
Future Land Use Plan: The subject property is located within the New Braunfels Subarea, near a proposed Market Center Area.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☐N/A
• Look for opportunities to incentivize child development centers to increase the supply of high-quality childcare in the community that supports the local workforce.
• Increase the National Citizen Survey rating of “Availability of affordable quality childcare/preschool.”
• Incentivize mixed-use developments and redevelopments in targeted locations to create a built environment with integrated housing, commercial centers, and opportunities for improved connectivity.
• 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:
The following fiscal goals as discussed in the Land Use Fiscal Analysis will be supported by the proposed rezoning:
• 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 home/business owners.
• Every development or infrastructure project has the potential to either increase or close resource gaps. The proposed rezoning will increase the locations where childcare services can operate and will close existing childcare resource gaps.
Recommendation
RECOMMENDATION:
Approval. The proposed rezoning is supported by the goals and actions of the Comprehensive and Strategic Plans described above and will work to close a resource gap (childcare) as discussed in the Land Use Fiscal Analysis report.
The Planning Commission held a public hearing on March 4, 2025, and unanimously recommended approval of the applicant’s request.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 19 properties within 200 feet of the request. To date, staff has received less than 20% in opposition.
Resource Links:
• Chapter 144, Sec. 3.3-2 (R-2) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI>
• Chapter 144, Sec. 3.4-17 (C-O) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI>