New Braunfels Logo
File #: 25-310    Name:
Type: Ordinance Status: Passed
File created: 3/5/2025 In control: City Council
On agenda: 3/24/2025 Final action: 3/24/2025
Title: Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 8.4 acres, from R-2 (Single-Family and Two-Family District) to C-1B (General Business District), currently addressed at 3119 IH 35 S.
Attachments: 1. City Maps, 2. Districts Comparison Table, 3. Subject Property Photos, 4. Notification Map, List & Responses, 5. Draft Minutes, 6. Draft Ordinance

PRESENTER: Presenter

Matthew Simmont, AICP, Planning Manager

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SUBJECT: Title

Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 8.4 acres, from R-2 (Single-Family and Two-Family District) to C-1B (General Business District), currently addressed at 3119 IH 35 S.

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DEPARTMENT: Planning and Development Services

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COUNCIL DISTRICTS IMPACTED: 1

 

BACKGROUND INFORMATION:

Case No: PZ25-0019

 

Applicant:  Kelsey Munson, (281) 380-6802, kmunson@bmengr.com

 

Authorized Representative: Matt Fortner, (210) 646-6225, matt.fortner@brucknertruck.com  

 

Owner: Balous and Julie Miller

 

Staff Contact: Mary Lovell, (830) 221-4051, mlovell@newbraunfels.gov

 

The area of the requested rezoning is approximately 8.4 acres located on the southeast side of Interstate Highway 35, approximately 800 feet north of the intersection of Interstate Highway 35 and Loop 337. The subject property is bordered by C-3 to the north, south, and west, and PD SUP (Evergreen Village) to the east. The surrounding land uses are vacant land to the north, an RV park to the south and west, and multifamily to the east.

 

The owner’s property is split-zoned with C-3 (Commercial District) along the IH-35 frontage and R-2 (Single-Family and Two-Family District) for the remainder of the property. Because the C-3 portion of the property allows commercial uses, the applicant is requesting that only the R-2 portion of the property be rezoned, allowing commercial uses throughout the property.

 

ISSUE:

The applicant indicates that the proposed zoning change is to allow for the development of a truck dealership and service center. The zoning ordinance states that the C-1B district should be within major retail hubs located at or near the intersection of major thoroughfares to accommodate high traffic volumes.

 

Within the hub of the major intersection of IH-35 and Loop 337 are gas stations, a truck stop, fast food restaurants, a car dealership, truck-related parts/repair shops and a stand-alone emergency room. C-1B is an appropriate and compatible zoning district given the existing uses and zoning of the surrounding properties.

 

COMPREHENSIVE PLAN REFERENCE:

C-1B at this location is consistent with the following actions from Envision New Braunfels:

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

                     Action 1.6: Incentivize infill development and redevelopment to take advantage of existing infrastructure.

                     Action 1.8: Concentrate future investment in industrial and employment centers near existing and emerging hubs, such as the airport; and along existing high-capacity transportation networks, such as Interstate Highway 35.

                     Action 2.33: Encourage vertical growth and development of key areas to take advantage of infrastructure capacity, maintain the core, and to discourage sprawl.

                     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 Walnut Springs Subarea, along a Transitional Mixed-Use Corridor, and near a proposed Employment 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.

 

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 and will increase tax revenue to better cover costs of providing services.

Recommendation

RECOMMENDATION:

The Planning Commission held a public hearing on March 4, 2025, and unanimously recommended approval of the applicant’s request.

 

Staff recommends approval. The applicant’s rezoning request is supported by the goals of the Comprehensive and Strategic Plans and is further supported by the goals of the LUFA. In addition, C-1B will be compatible with the surrounding land uses and zoning districts in this major intersection hub.

 

Mailed notification as required by state statute:

Public hearing notices were sent to owners of 13 properties within 200 feet of the request. As of the date this agenda was posted, the city has received responses representing 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_S144-3.3ZODIREPRZOPRJU221987>

                     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>