PRESENTER: Presenter
Christopher J. Looney, AICP, Planning and Development Services Director
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SUBJECT: Title
Public hearing and first reading of an ordinance to rezone approximately 13 acres out of the Idea New Braunfels FM 725 Subdivision, Block 1, Lot 1, from APD (Agricultural/Pre-Development District), R-1 (Single Family District), and C-1 (Local Business District) to C-1B SUP (General Business District with a Special Use Permit for Retail), currently addressed as 2072 FM 725.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 6
BACKGROUND INFORMATION:
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Case No: |
SUP24-283 |
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Applicant: |
McKynna Massey |
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270 N Loop 1604 E, STE 150 |
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San Antonio, TX 78232 |
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mmassey@askdag.com <mailto:mmassey@askdag.com> |
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Applicant: |
Shannon Mattingly |
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2705 Bee Caves Road, Ste 100 |
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Austin, TX 78746 |
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(830) 643-9453 | smattingly@drennergroup.com <mailto:smattingly@drennergroup.com> |
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Owner: |
Idea Public Schools |
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5816 Wilcab Road, Ste B |
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Austin, TX 78721 |
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(210) 765-2016 | kathleen.zimmerman@ideapublicschools.org <mailto:kathleen.zimmerman@ideapublicschools.org> |
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Staff Contact: |
Amanda Mushinski, CNU-A |
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(830) 221-4056 | amushinski@newbraunfels.gov <mailto:amushinski@newbraunfels.gov> |
The subject property 13-acre tract is situated on the southeast side of W County Line Rd, a minor arterial, the southwest side of FM 725, a principal arterial, and the northwest side of Conway Castle Dr. The property is also directly across County Line Road from Fischer Park.
The applicant is requesting a change in zoning from APD (Agricultural/Pre-Development District), R-1 (Single Family District), and C-1 (Local Business District) to C-1B SUP (General Business District with a Special Use Permit for Retail).
Surrounding Zoning and Land Use:
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North |
C-1B & Across W County Line Rd: R-2, C-1, & C-1B |
Fischer Park and Vacant Land |
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South |
Across Conway Castle Dr: R-1A-6.6 |
Single-Family Neighborhood |
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East |
C-1B & Across FM 725: C-1A & R-1A-6.6 |
Vacant Land and Single-Family Neighborhood |
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West |
R-1A-6.6 |
Single-Family Neighborhood |
ISSUE:
The applicant’s requested rezoning to C-1B (General Business District) would enable a broad range of office and retail uses. As a part of the rezoning request, the applicant is proposing a Special Use Permit (SUP) that will allow for a retail center while also restricting allowed uses on the subject property, i.e. not allowing certain uses that might be considered undesirable at this location. Additionally, the applicant’s proposed SUP includes modified development standards intended to improve compatibility with the surrounding area.
The applicant’s request 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 Dunlap and Walnut Springs Sub Areas, along a Transitional Mixed-Use Corridor, near existing Market and Outdoor Recreation Centers, and a Future Outdoor Recreation Center.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☒Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☒Community Well-Being ☐N/A
• Economic Mobility - Objective: 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.
• Community Well-Being - Objective: Develop capital and staffing investments that improve safety, reduce heat islands, and encourage transportation modes that support healthier lifestyles and exercise such as biking, walking, and running.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Staff recommends approval with conditions. The proposed C-1B zoning allows for a broad range of office and retail uses, supporting economic growth and diversity of services while ensuring compatibility with nearby residential areas through additional development standards provided by the SUP. The requested C-1B zoning, paired with the SUP, supports balanced and fiscally responsible land use by enabling a variety of retail and office uses within walking distance of nearby residential, while prohibiting certain high-impact activities. The proposed development standards further protect neighboring properties and maintain the character of the area.
If approved, the following conditions will apply:
1. Prohibited Uses: The following uses will not be permitted within the development:
• All-terrain vehicle (ATV) dealer/sales,
• Amphitheaters (outdoor live performances),
• Assembly/exhibition hall or areas,
• Auction sales (non-vehicle),
• Auto Body Repair,
• Auto muffler shop,
• Auto or trailer sales rooms or yards,
• Auto or truck sales rooms or yards,
• Auto paint shop,
• Auto body repair, garages
• Barns or farm equipment storage,
• Broadcast station (with tower),
• Bus barns or lots,
• Carpenter, Cabinet, or Pattern shops,
• Cemetery and/or mausoleum,
• Civic/conference center and facilities,
• Convenience store with fuel sales,
• Country club (private),
• Custom workshops,
• Day camp,
• Driving range,
• Electrical substation,
• Farms, general (crops),
• Farms, general (livestock/ranch),
• Filling station (gasoline tanks must be below the ground),
• Funeral home/mortuary,
• Golf course (public or private),
• Heavy load (farm) vehicle sales/repair,
• Hotel/motel,
• Laundry, commercial (without self-serve),
• Laundry/washateria (self-serve)
• Lawnmower sales and/or repair,
• Limousine/taxi service,
• Mini-warehouse/self-storage units (no boat and RV storage permitted),
• Mini-warehouse/self-storage units with outside boat and RV storage,
• Motorcycle dealer (primarily new/repair),
• Moving storage company,
• Personal watercraft sales (primarily new/repair),
• Plumbing shop,
• RV park,
• RV/travel trailer sales,
• Sign manufacturing/painting plant,
• Storage-Exterior storage for boats and recreational vehicles,
• Tire sales (outdoors),
• Vehicle storage facility,
• Waterfront amusement facilities-Swimming/wading pools/bathhouses
2. Development Standards: The project will adhere to the following standards to ensure compatibility with the surrounding area:
• Maximum building height: 32 feet
• Minimum building setback from residential properties: 25 feet
• No parking will be allowed immediately adjacent to residential properties.
The Planning Commission held a public hearing on October 2, 2024, and unanimously recommended approval (8-0-0).
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 58 properties within 200 feet of the request. As of the date of this memo preparation, the City had received responses representing 7% in opposition.
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. 3.3-7 (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. 3.4-1 (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. 3.4-13 (C-1B) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.4ZODIREPRZOSUJU221987>
• 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>