PRESENTER: Presenter
Applicant: Shannon Mattingly
Owner: Rockspring Saur LLC
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SUBJECT: Title
PZ24-0399 Public hearing and recommendation to City Council to rezone approximately 60 acres out of the A.M. Esnaurizar Survey, Abstract 20, from R-3L AH (Multifamily Low Density District with Airport Hazard Overlay) to R-1A-4 AH (Single-Family Small Lot Residential District with Airport Hazard Overlay), currently addressed at 1280 Saengerhalle Road.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 2
BACKGROUND INFORMATION:
Authorized Shannon Mattingly
Representative: (830) 643-9453 | smattingly@drennergroup.com
Applicant/Owner: Rockspring Saur LLC (Attn: Beau Ryan)
(713) 535-2285 | beau@rockspring.com
Staff Contact: Mary Lovell, Senior Planner
(830) 221-4051 | mlovell@newbraunfels.gov
The applicant is requesting a base district rezoning of approximately 60 acres from R-3L (Multifamily Low Density District) to R-1A-4 AH (Single Family Small Lot Residential District), The current zoning allows a density of up to 12 dwelling units per acre. The proposed zoning district, R-1A-4, would allow single-family homes on 4,000-square-foot lots.
The 60-acre land area proposed for rezoning to R-1A-4 under this application is part of an 81.66-acre portion of property recently rezoned by the applicant (about three-fourths of the previously rezoned area), from APD (Agricultural/Pre-Development District) to R-3L (Multifamily Low Density District). That application was approved by City Council on May 13, 2024.
The surrounding land uses are undeveloped ETJ land to the north, the New Braunfels National Airport to the east, undeveloped land and single-family residences to the west, and undeveloped land to the south.
An executed Development Agreement for the property sets forth road widening requirements, drainage improvements and sound attenuation measures. An Avigation Easement covers the subject property and states that the subject property is “located in a noise-influence area”, “aircraft effects may be annoying to users of the Easement Property” and “aircraft effects may increase over time”.
ISSUE:
Envision New Braunfels Action Items:
• 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. (The proposed rezoning request does not meet this action item and would concentrate permanent single-family residences near an airport, rather than recommended compatible industrial and employment center uses.)
• Action 2.1: Sustain community livability for all ages and economic backgrounds. (The proposed rezoning request would result in noise and negative air quality impacts to homeowners as planes take off and land at the nearby airport.)
• Action 6.2: Protect the airport from incompatible land use encroachment. (The proposed rezoning request would not support this action item.)
Future Land Use Plan: The property lies within the Oak Creek Sub Area, is adjacent to a Future Market Center and lies a short drive from Existing Employment and Civic Centers.
Airport Master Plan: Expansion plans for airport improvements and operations are planned for the southwest corner of the airport near the subject property, increasing noise and air quality impacts to properties near the airport. Residential development is particularly sensitive to such operations and is typically considered incompatible if situated near an airport.
STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☒N/A
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Staff recommends denial of the proposed rezoning request because it is not consistent with Envision New Braunfels and the Airport Master Plan. In addition, it does not meet the goals or strategies in the Strategic Plan. Finally, the current zoning district allows residential uses to be developed as multifamily which results in fewer individual property owners.
Mailed notification pursuant to state statute:
Public hearing notices were sent to owners of 12 properties within 200 feet of the request. To date, one response in opposition has been received.
Resource Links:
• Chapter 144, Section 3.4-4. (R-3L) 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 3.4-4. (R-1A-4) 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 (AH) Airport Hazard Zoning District:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTVDEST_S144-5.20AIHAZODI>