PRESENTER: Presenter
Matthew Simmont, AICP, Planning Manager
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SUBJECT: Title
Public hearing and first reading of an ordinance to rezone approximately 17 acres out of the Freiheit 2 Subdivision, Block 4, Lots 2, 3, and 4, from R-2 AH (Single Family and Two-Family Airport Hazard Overlay District) to MU-B AH SUP (High-Intensity Mixed Use Airport Hazard Overlay District with a Special Use Permit to allow Industrial and Commercial Uses), currently addressed at 622 South Kowald Lane
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case No: SUP24-398
Applicant:
Shannon Mattingly
(830) 643-9453 | smattingly@drennergroup.com
Owner:
Ryan Sweeney
(281) 216-5717 | ryan.sweeney@bcscapitalgroup.com
Staff Contact:
Amanda Mushinski, CNU-A
(830) 221-4056 | amushinski@newbraunfels.gov
The subject 17-acre property is located on the southwest side of South Kowald Lane, an existing minor collector, approximately halfway between FM 1101 and the IH 35 access road. The subject property is surrounded by C-3 AH and M-1 AH districts, and a couple of PDs. Adjacent land uses consist of industrial, residential neighborhoods, and vacant land. The applicant is requesting a change in zoning from R-2 AH to MU-B AH SUP, a Special Use Permit to allow Industrial and Commercial Uses.
ISSUE:
The requested MU-B zoning would allow mixed use. The applicant is also requesting an SUP to allow various commercial and industrial uses while also removing allowed uses on the subject property, i.e. not allowing certain uses that might be considered undesirable at this location. The applicant has indicated that the intended uses are industrial park, office and retail. Additionally, the applicant’s proposed SUP includes modified development standards intended to improve compatibility with the surrounding area.
While the applicant’s proposed conditions would help mitigate potential impacts and may improve compatibility, the intended development also aligns closely with the allowed uses of M-1A (Light Industrial) and MU-A (Low Intensity Mixed Use) zoning districts. A base zoning change could achieve the applicant’s development goals without requiring the additional regulatory complexity of an SUP. This approach would also provide greater clarity and predictability for the community while supporting the city’s Comprehensive Plan and Strategic Plan objectives.
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.
Future Land Use Plan: The subject property is located within the Oak Creek Sub Area, near existing Education and Employment Centers.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☒Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☒Community Well-Being ☐N/A
• Economic Mobility - Objective: Incentivize mixed-use developments and redevelopments in targeted locations to create a built environment with integrated housing, commercial centers, and opportunities for improved connectivity.
• 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.
• Economic Mobility - Output: Increase the number of new affordable housing units produced each fiscal year.
• 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.
• Community Well-Being - Outcome: Maintain National Citizen Survey overall satisfaction for “Overall health and wellness opportunities.”
• Community Well-Being - Outcome: Maintain National Citizen Survey overall satisfaction for “Overall feeling of safety.”
• Enhanced Connectivity - Objective: Implement improved local and regional public transportation services to connect the community to employment, education, healthcare, recreational and other destinations.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Staff recommends the consideration of a base zoning change to M-1A (Light Industrial) or MU-A (Low Intensity Mixed Use) as a preferred alternative to the applicant’s request for MU-B with an SUP. The applicant’s proposed conditions, which include the removal of certain high-intensity or incompatible uses, enhanced setbacks, and screening requirements, align closely with the permitted uses and adopted standards of the M-1A or MU-A districts. A straight rezoning to a base zoning district would simplify the regulatory process by eliminating the need for an SUP while still achieving the applicant’s development goals.
The M-1A or MU-A zoning districts would provide the expectation of a better balance between industrial/commercial development and surrounding residential areas while maintaining compatibility with the city’s Comprehensive Plan and Strategic Plan. These base zoning districts also offer greater clarity and flexibility for future development, reducing long-term administrative oversight. Staff believes that a base zoning change to M-1A or MU-A would allow for the desired type of development more efficiently and effectively while minimizing regulatory complexity.
The applicant’s proposed SUP includes the following conditions:
1. The following uses will not be allowed within the development:
• Bed and breakfast inn (see section 144-5.6),
• Boardinghouse/lodging house,
• Community home (see definition),
• Dormitory (in which individual rooms are for rental),
• Airport,
• Amphitheater,
• Assembly/exhibition hall or areas.
• Athletic fields,
• Auto muffler shop (see section 144-5.11),
• Bingo facility,
• Broadcast station (with tower) (see section 144-5.6).
• Bus barns or lots,
• Bus passenger stations,
• Car wash (self-service; automated),
• Car wash, full service (detail shop),
• Cemetery and/or mausoleum,
• Country club (private),
• Dance hall/dancing facility (see section 144-5.13),
• Day camp,
• Driving range,
• Golf course (public or private),
• Limousine/taxi service,
• Multifamily (apartments/condominiums),
• Outside storage (as primary use),
• Rodeo grounds.
• RV park,
• Shooting gallery-Indoor (see section 144-5.13).
2. Development Standards: The project will adhere to the following standards to ensure compatibility with the surrounding area:
• Minimum residential setback of 25 ft (existing code requirement is 20 ft) with one of the following required:
1. A landscape buffer and a six-foot tall (minimum) to eight-foot tall (maximum) solid screen residential buffer wall constructed of any of the following materials: brick, stone, cast stone, rock, marble, granite, split-face concrete block, poured-in place concrete, or precast concrete.
a. The landscape buffer must consist of at least one tree per 25 linear feet of property, or part thereof, a minimum one and one-half inches (1½") in diameter, shall be planted along the common property line of any single-family or two-family property. Shade trees must be used, unless under the canopy of an existing preserved tree, or near utility lines where ornamental trees must be used, as required in subsection 144-5.3-1(b)(6)(ii). All new trees shall be provided with a permeable surface of 60 square feet per tree under the drip line. All planting areas shall be a minimum of five feet in width. Existing trees can be credited toward meeting the residential buffer requirement, per subsection 144-5.3-1(b)(6)(v), so long as the location and number of required trees is satisfied, or alternate compliance is demonstrated.
2. The construction of a detention or drainage facility designed and maintained as a landscaped feature. Detention facilities may encroach into the required 25-foot setback but must be at least 50 feet in width, screened, and provide for a landscape buffer.
a. Where a detention or drainage facility is adjacent to a single-family or two-family property, at least one tree per 40 linear feet of property, shall be planted along the common property line of the single-family or two-family property. All landscaping, including trees, shrubs, ground cover, and other plantings, must be designed and installed in a manner that does not impede, obstruct, or otherwise interfere with the operation and maintenance of drainage facilities. Detention facilities, including ponds, basins, and associated infrastructure, may encroach residential setbacks and buffer zones, provided they are designed and maintained in full compliance with the applicable Code of Ordinances and adhere to the landscaping requirements in this subsection.
• Outside Storage (accessory use) is hereby permitted and must be incidental and subordinate to the principal use, located on the same lot as the principal use, and shall be screened from adjoining properties and any public right-of-way. No Outside Storage (accessory use) shall be permitted within 50 feet from an adjacent residential land use.
• Auto facilities shall not have repair facilities or activities maintained or carried on outside of the building. No wrecked, junked, or otherwise unsightly vehicles are permitted to be stored or parked on the premises except while awaiting repair.
• Off-site parking is not permitted.
The Planning Commission held a public hearing on January 7, 2025, and unanimously recommended approval of the applicant’s requested zoning change and SUP (7-0-0).
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 33 properties within 200 feet of the request. As of the date this agenda was posted, the city has received responses representing 2% 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. 3.4-11 (MU-B) 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. 3.4-10 (MU-A) 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) 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 (Special Use Permits) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.6SPUSPE>