Presenter
Presenter
Christopher J. Looney, Planning and Development Services Director
Contact Info
clooney@nbtexas.org
Subject Header
SUBJECT:
Title
Public hearing and first reading of an ordinance regarding the proposed rezoning of Lots 1 and 2 Solms Subdivision, located in the 4400 block of IH-35 South, from “APD” Agricultural/Pre-Development to “C-1B” General Business District.
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BACKGROUND / RATIONALE:
Case No.: PZ20-0097
Council District: 1
Applicant: Spencer Marston, Linfield, Hunter & Junius, Inc.
5222 FM 1960 W. Suite 210C
Houston, TX 77069
(504) 228-7684
smarston@lhjunius.com
Owner: Sac ‘N’ Pac Stores, Inc.
1405 United Drive Suite 115
San Marcos, TX 78666
Staff Contact: Holly Mullins
(830) 221-4054
hmullins@nbtexas.org
The subject property is located just inside the city limits at the northwest corner of the intersection of IH-35 South and Solms Road, along the southwest bound frontage road. This area was annexed into the City in 2003. Upon annexation, land is typically assigned the interim “APD” Agricultural/Pre-Development zoning district until permanent zoning is requested by the property owner or developer.
The applicant is requesting C-1B to accommodate new retail development. They indicate that Lots 1 and 2 will be combined through the platting process prior to construction.
Surrounding Zoning and Land Use:
North - Outside city limits/ Single-family residence
South - Across IH-35, APD/ Undeveloped
East - Across Solms Rd, C-3/ Convenience store with fuel sales
West - M-1, Outside city limits/ Undeveloped
Determination Factors:
In making a decision on zoning, the following factors are to be considered:
• Whether the permitted uses will be appropriate in the immediate area, and their relationship to the area and to the City as a whole (C-1B is encouraged at intersections of major collectors and thoroughfares. Solms Rd. is identified as a Major Collector on the City’s Thoroughfare Plan that will provide a north/south connection between Wald Rd. and Weil Rd. The allowed uses in C-1B are appropriate at this location.);
• Whether the change is in accord with any existing or proposed public schools, streets, water supply, sanitary sewers, and other utilities to the area (Utility provision will be evaluated by NBU at the time of platting and permitting.);
• How other areas designated for similar development will be affected (The potential uses should not negatively affect other areas designated for similar development);
• Any other factors that will substantially affect the public health, safety, morals, or general welfare (Drainage, utility and traffic impacts will be reviewed and addressed through the platting and permitting processes); and
• Whether the request is consistent with the Comprehensive Plans: see below
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
City Plan/Council Priority: Envision New Braunfels Comprehensive Plan |
Action 1.3: Encourage balanced and fiscally responsible land use patterns. Action 3.3: Balance commercial centers with stable neighborhoods. Future Land Use Plan: The property is located within the Oak Creek Sub-Area, on a transitional mixed use corridor, and near existing employment and market centers. |
FISCAL IMPACT:
N/A
Recommendation
COMMITTEE RECOMMENDATION:
The Planning Commission held a public hearing on July 7, 2020 and unanimously recommended approval of the request. (9-0-0)
STAFF RECOMMENDATION:
Approval.
Notification:
Public hearing notices were sent to 3 owners of property inside the city limits and within 200 feet of the request. The City has not yet received any responses.
RESOURCE LINKS:
• Chapter 144, Section 3.4-13 (“C-1B”) 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>
ATTACHMENTS:
• Aerial Map
• Land Use Maps (Zoning, Existing Land Use, Existing Centers, Future Land Use Plan)
• Notification List and Map
• Draft Minutes from the 7/7/20 Planning Commission meeting
• Ordinance