PRESENTER: Presenter
Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director
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SUBJECT: Title
Public hearing and first reading of an ordinance regarding the proposed rezoning of Oak Grove Estates, Unit 5 Subdivision, Block 1, Lots 2 & 3 from R-1 AH (Single-Family Airport Hazard Overlay District) to C-O AH (Commercial Office Airport Hazard Overlay District), currently addressed as 125 & 145 Oak Knot Drive.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 4
BACKGROUND INFORMATION:
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Case No: |
PZ23-0425 |
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Applicant/Owner: |
Dean W. Schilling & Betty A. Schilling |
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1508 Hickory Heights Drive |
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Waverly, Iowa 50677 |
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(830) 832-9893 | trumppetter@protonmail.com |
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Staff Contact: |
Mary Lovell, Senior Planner |
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(830) 221-4051 |mlovell@newbraunfels.gov |
The subject property is approximately 2 acres and is located at the northeast corner of the intersection of Oak Knot Drive and FM 306, a Principal Arterial. There is a biking trail along FM 306.
The applicant is requesting a change in zoning from R-1 AH (Single-Family Airport Hazard Overlay District) to C-O AH (Commercial Office Airport Hazard Overlay District). The applicant amended their original requested base zoning change from C-1A (Neighborhood Business District) to the less intense C-O (Commercial Office District) subsequent to the Planning Commission meeting held on December 5, 2023. The applicant is not proposing to change or remove the AH overlay which would remain intact.
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North |
R-1 |
Residential |
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South |
R-1 |
Open & Residential |
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East |
R-1 |
Residential and Outside City Limits |
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West |
ROW & APD |
FM 306 (Right of Way) and Open |
ISSUE:
The applicant indicates that the purpose of the rezoning is to develop neighborhood professional office buildings. The C-O district allows office, business and professional services uses that can serve adjacent neighborhoods.
C-O AH at this location 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 3.17 Enact policies that dis-incentivize incompatible commercial encroachment into neighborhoods that whittle away at the edges, while still allowing for neighborhood scale commercial within walking distance of homes.
Future Land Use Plan: The subject property is located within the Hoffman Lane Sub-area along an existing Transitional Mixed-Use Corridor, and near Future Market and Civic Centers.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Staff recommends approval. The subject property is located on a corner lot along a Principal Arterial and the requested zoning district would be compatible with the surrounding land uses. C-O would allow opportunities for small scale service uses within walking distance of residential, which meets goals of Envision New Braunfels for a more walkable community.
The Planning Commission held a public hearing on December 5, 2023, and recommended approval of C-O AH as an alternative to the applicant’s original request for C-1A AH (5-2-0).
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 14 properties within 200 feet of the request. To date, staff has received responses in opposition representing 20% or more of the land within 200 feet (based on the original request for C-1A). Pursuant to state statute, a ¾ majority of City Council (6 votes) will be required to approve the applicant’s request unless that opposition changes.
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. 3.4-12 (C-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, Section 5.20 Airport Hazard Zoning District: https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTVDEST_S144-5.20AIHAZODI