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File #: 23-986    Name:
Type: Ordinance Status: Consent Item Ready
File created: 7/27/2023 In control: City Council
On agenda: 8/14/2023 Final action:
Title: Approval of the second and final reading of an ordinance regarding the proposed rezoning of approximately 31 acres in the A.M. Esnaurizar Survey, Abstract No. 98, from APD AH AL (Agricultural/Pre-Development District with Airport Overlay) to M-1A AH AL (Light Industrial District with Airport Overlay), currently addressed as 3700 IH 35 North. DEPARTMENT: Planning and Development Services
Attachments: 1. City Maps, 2. Districts Comparison Table, 3. TIA Determination Letter & Form, 4. Subject Property Photos, 5. Notification, List, & Responses, 6. PC Draft Minutes, 7. Ordinance

PRESENTER: Presenter

Christopher J. Looney, AICP Planning & Development Services Director

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SUBJECT: Title

Approval of the second and final reading of an ordinance regarding the proposed rezoning of approximately 31 acres in the A.M. Esnaurizar Survey, Abstract No. 98, from APD AH AL (Agricultural/Pre-Development District with Airport Overlay) to M-1A AH AL (Light Industrial District with Airport Overlay), currently addressed as 3700 IH 35 North.

 

DEPARTMENT: Planning and Development Services

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COUNCIL DISTRICTS IMPACTED: 4

 

BACKGROUND INFORMATION:

Case No:

PZ23-0226

 

 

Applicant:

Killen, Griffin & Farrimond 10101 Reunion Place, Ste. 250 San Antonio, TX, 78216 (210) 960-2750 | James@kgftx.com

 

 

Owner:

MP New Braunfels, LLC

 

 

Staff Contact:

Caitlin Garrigus (830) 221-4087 | CGarrigus@newbraunfels.gov

 

The City Council held a public hearing on July 24, 2023, and unanimously approved the first reading of the applicant’s requested rezoning ordinance (7-0-0).

 

The subject property is approximately 31 acres (out of a 40-acre tract) located on the south side of IH 35 North, approximately 0.3 miles northeast of the intersection of Creekside Way and IH 35 North Access Road, and 520 feet from Creekside Shopping Center. A majority of the subject property contains mapped floodway and 100-year floodplain. The remaining 10 acres of the 40 acre tract has frontage along IH 35 and is currently zoned M-1 AH AL.

 

The applicant is requesting a change in zoning from APD AH AL (Agricultural/Pre-Development District with Airport Overlay) to M-1A AH AL (Light Industrial District with Airport Overlay); just changing the base zoning district, but maintaining the Airport Overlay.

 

Surrounding Zoning and Land Use:

North

M-1

Commercial & Vacant

South

M-1A

Vacant

East

ETJ

Industrial

West

M-1A & APD

Commercial & Vacant

 

ISSUE:

The applicant’s submittal indicates the purpose for the change in zoning is to allow for a potential funeral home and car wash development. This development is proposed along a section of the Alligator Creek outside of the floodway.

 

M-1A AH AL (Light Industrial District with Airport Overlay) would be consistent with the following actions from Envision New Braunfels:

                     Action 1.3 Encourage balanced and fiscally responsible land use patterns.

                     Action 1.5 Promote economic centers by ensuring adequate parking for people to visit businesses/restaurants/shops.

                     Action 1.7 Target infrastructure investments to support a growing population in preferred locations.

                     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 3.1 Plan for healthy jobs/housing balance.

 

Future Land Use Plan: The subject property is located within the Oak Creek Sub Area, along the IH-35 Transitional Mixed Use Corridor, and near existing employment, market, and medical centers.

 

FISCAL IMPACT:

N/A

Recommendation

RECOMMENDATION:

Approval.

 

The Planning Commission held a public hearing on Wednesday, July 5, 2023, and unanimously recommended approval (6-0-0).

 

Mailed notification as required by state statute:

Public hearing notices were sent to owners of 2 properties within 200 feet of the request. To date, the city has received no responses.

 

Resource Links:

                     Chapter 144, Sec. 3.4-1 (“APD” Agricultural/Pre-development District) 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. 3.4-18 (“M-1A” Light Industrial District) 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>