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 31 acres out of the A.M. Esnaurizar Survey, Eleven League Grant, Block No. 106, Abstract No.20, from C-3 (Commercial District) and APD (Agricultural/Pre-Development District) to MU-A (Low Intensity Mixed Use District), currently addressed at 1865 South SH 46.
DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 2
BACKGROUND INFORMATION:
Case No: PZ23-0183
Applicant: Carlton-Behr Capital & Killen, Griffin & Farrimond, PLLC
10101 Reunion Place, Suite 250
San Antonio, TX, 78216
(210) 960-2750 | ashley@kgftx.com
Owner: Chob Kamolsri & Prapapan Kamolsri
7475 E FM 1518 N
Schertz, TX, 78154
Staff Contact: Caitlin Garrigus
(830) 221-4087 | cgarrigus@newbraunfels.gov
On Monday, September 25, 2023, City Council granted the request of the applicant to postpone the first reading of their requested rezoning to October 23, 2023.
The subject property is approximately 31 acres located on the north side of State Highway 46, approximately 0.1 miles southeast of the intersection of SH 46 and Camp Willow Rd, and 0.6 miles northeast of Clear Springs Elementary School.
The applicant is requesting a change in zoning from C-3 (Commercial District) and APD (Agricultural/Pre-Development District) to MU-A (Low Intensity Mixed Use District).
Surrounding Zoning and Land Use:
|
North |
R-2A & ETJ |
Residential |
|
South |
C-3 |
Commercial & Open |
|
East |
APD & MU-B |
Open |
|
West |
MU-B & R-2A |
Residential & Open |
ISSUE:
The applicant’s application indicates the purpose for the change in zoning is to allow for low-density single-family units and potential commercial use on the State Highway 46 frontage. MU-A at this location would be consistent with the following actions from Envision New Braunfels:
• Action 1.2 Create plans for neighborhoods and transitional areas to maintain quality of life.
• 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 3.15 Incentivize home development that is affordable and close to schools, jobs and transportation.
Future Land Use Plan: The subject property is located within the Dunlap and Freiheit sub areas with frontage on a Transitional Mixed-Use Corridor and is near an existing education center.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Approval. Mixed-use along major corridors is appropriate and encouraged as it allows for expanded opportunities for pedestrians and multi-modal access from existing and future neighborhoods, relieving the traffic demand generated from typical commercial development.
The Planning Commission held a public hearing on Wednesday, September 6, 2023, and unanimously recommended approval (8-0-0).
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 45 properties within 200 feet of the request. To date, the city has received responses representing 21% in opposition.
Opposition represents 20% or more of the notification area. 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. 3.3-9 ("C-3" commercial district) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.3ZODIREPRZOPRJU221987>
• 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. 3.4-10 (“MU-A” low intensity mixed use 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>