PRESENTER: Presenter
Christopher J. Looney, AICP, Planning and Development Services Director
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SUBJECT: Title
Approval of the second and final reading of an ordinance regarding a proposed rezoning of approximately 59.83 acres out of the A M Esnaurizar Survey, Abstract No. 20, from “C-3 AH” Commercial District Airport Hazard Overlay and “APD AH” Agricultural Pre-Development District Airport Hazard Overlay to “MU-A AH” Low Intensity Mixed-Use District Airport Hazard Overlay, addressed at 1983 State Highway 46 South.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: Council District 2
BACKGROUND INFORMATION:
Case No.: PZ22-0268
Applicant: KFW Engineers & Surveyors (Wayne Flores, P.E.)
KFW Engineers and Surveying
3421 Paesanos Parkway, Ste. 200
San Antonio, TX 78231
Owners: Allen & Tamala L. Schaeffer
1983 State Highway 46 South
New Braunfels, TX 78130
Staff Contact: Laure Middleton
(830) 221-4054 | lmiddleton@newbraunfels.gov
City Council held a public hearing on August 22, 2022 and unanimously approved the first reading of the applicant’s requested rezoning ordinance (6-0).
The subject 60-acre agricultural tract includes a single-family residence and related agricultural buildings. It is situated on the southeast corner of Weltner Road and State Highway 46 South (a Principal Arterial), approximately 3 miles south of Interstate 35. Approximately 11 acres of the subject property fronting State Highway 46 South is zoned C-3, while the remaining 49 acres is zoned APD. Zoning strips along arterials as commercial was a popular zoning trend in the 1960s through 1980s, before recognition and acknowledgement of how mixed use and residential zoning can create more multi-modal friendly environments and fewer curb cuts resulting in less vehicular congestion and less visual clutter.
The applicant is requesting to rezone the property to "MU-A" Low Intensity Mixed-Use District. MU-A is intended to create opportunities for mixed use (retail, office, and residential) to enable living, working, and shopping in close proximity. Current access to the property from Weltner Road and State Highway 46 South does not require travel through adjacent residential areas.
Surrounding Zoning and Land Use:
North - Across Weltner Road, C-3 AH and APD AH / Single-Family Dwelling, Undeveloped Land, Warehousing and Outdoor Vehicle Storage.
South - Avery Park PD AH AL /Single-Family Dwellings
East - APD AH AL / Single-Family Dwelling, Undeveloped Land
West - Across State Highway 46 South, C-3 AH / Undeveloped Land
ISSUE:
The proposed rezoning would be in accordance with the following actions from Envision New Braunfels:
o Action 1.3: Encourage balanced and fiscally responsible land use patterns.
o Action 1.6: Incentivize infill development and redevelopment to take advantage of existing infrastructure.
o Action 3.1: Plan for healthy jobs/housing balance.
o Action 3.21 Enhance local recreational venues.
o Action 3.3: Balance commercial centers with stable neighborhoods.
Future Land Use: Most of the property is situated within the Freiheit Sub-Area, with a portion of the property located in the Dunlap Sub-Area. The property is within the State Highway 46 transitional mixed-use corridor and is in close proximity to an Existing Education Center and a Future Civic Center and Market Center.
FISCAL IMPACT:
None.
Recommendation
RECOMMENDATION:
Approval. Mixed-use along major corridors is appropriate and encouraged as it allows for expanded opportunities for pedestrian 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 August 2, 2022 and recommended approval (7-0-0) with Commissioner Chafin and Commissioner Allen absent.
Mailed notification pursuant to state statute:
Public hearing notices were sent to 33 owners of property within 200 feet of the request. To date, the City has received two responses in objection (properties 18 and 19) and none in favor.
Resource Links:
• Chapter 144, Sec. 3.3-9 (C-3) 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) 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) 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. 144-5.20 Airport Hazard Zoning District of the City’s Code of Ordinances:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTVDEST_S144-5.20AIHAZODI>