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File #: 20-523    Name:
Type: Ordinance Status: Individual Item Ready
File created: 7/30/2020 In control: City Council
On agenda: 8/10/2020 Final action:
Title: Discuss and consider approval of the second and final 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.
Attachments: 1. Aerial, 2. Land Use Maps, 3. Notification, 4. Draft Minutes, 5. Ordinance

Presenter

Presenter

Christopher J. Looney, Planning and Development Services Director

Contact Info

clooney@nbtexas.org

 

Subject Header

SUBJECT:

Title

Discuss and consider approval of the second and final 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.

 

Body

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

 

City Council held a public hearing on July 27, 2020 and approved the first reading of the ordinance (6-1).

 

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 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