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File #: 23-1445    Name:
Type: Recommendation Status: Individual Item Ready
File created: 10/17/2023 In control: Planning Commission
On agenda: 11/7/2023 Final action:
Title: PZ23-0395 Public hearing and recommendation to City Council to rezone approximately 10.094 acres out of Orilla Russell Survey, Section 2, Abstract 485 from APD (Agricultural/Pre-Development District with Airport Overlay) to C-1B (General Business District with Airport Overlay), located east of the intersection of FM 1102 and Orion Drive.
Attachments: 1. City Maps, 2. Districts Comparison, 3. TIA Determination, 4. Subject Property Photos, 5. Notification Map, List & Responses
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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PRESENTER: Presenter

Applicant: James Ingalls, P.E.

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SUBJECT: Title

PZ23-0395 Public hearing and recommendation to City Council to rezone approximately 10.094 acres out of Orilla Russell Survey, Section 2, Abstract 485 from APD (Agricultural/Pre-Development District with Airport Overlay) to C-1B (General Business District with Airport Overlay), located east of the intersection of FM 1102 and Orion Drive.

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DEPARTMENT: Planning and Development Services

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COUNCIL DISTRICTS IMPACTED: 4

 

BACKGROUND INFORMATION:

Case No:

PZ23-0395

Authorized Agent:

James Ingalls, P.E.

 

2021 W SH 46

 

New Braunfels, TX 78132

 

(830) 358-7127 | plats@ink-civil.com

 

 

Applicant:

Zahir Prasia

 

8585 Sweetness Lane

 

Austin, TX 78750

 

(512) 576-0786 | jkmomin@gmail.com

 

 

Owner:

Johnnie F. Row

 

1383 Hillcrest Rd.

 

New Braunfels, TX 78130

 

(836) 606-8292

 

 

Staff Contact:

Mary Lovell, Senior Planner

 

(830) 221-4051| mlovell@newbraunfels.gov

 

The subject property consists of 10.094 acres located east of the intersection of FM 1102 and Orion Drive and is bordered on one side by the Union Pacific Railroad tracks.

 

The applicant is requesting a change in zoning from APD (Agricultural/Pre-Development District with Airport Overlay) to C-1B (General Business District with Airport Overlay).

 

North

APD, M-2A

Undeveloped

South

M-1A

Undeveloped

East

APD, R-1A-4, R-2

Railroad, Residential

West

APD, ETJ

Undeveloped

 

ISSUE:

The applicant’s request indicates the purpose for the change in zoning is to allow for a convenience store with fuel sales. The proposed convenience store with fuel sales is a permitted use within the C-1B (General Business District).

 

The subject property has over a quarter of a mile of frontage on the north side of the property along a principal arterial. The property is bounded by a local road and a railroad easement and tracks to the south, as well as Orion Drive on the west side.

 

The C-1B (General Business District) 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: Proactively provide a regulatory framework that remains business and resident friendly.

 

Future Land Use Plan: The subject property is located within the Oak Creek Sub Area, within an existing transitional mixed use corridor and near a proposed employment center.

 

FISCAL IMPACT:

N/A

Recommendation

RECOMMENDATION:

Approval. The C-1B, General Business District is intended to provide for a variety of commercial uses that are accessible by high-capacity roadways.

 

Mailed notification as required by state statute:

Public hearing notices were sent to owners of 16 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>

                     Chapter 144, Sec. 3.4-13 (C-1B) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI>