PRESENTER: Presenter
Jean Drew, AICP, CNU-A, Planning & Development Services Assistant Director
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SUBJECT: Title
Public hearing and first reading of an ordinance regarding a proposed rezoning of approximately 25.097 acres from “APD” Agricultural Predevelopment District to “MU-A” Mixed Use Low Intensity District, out of the R. Ximinez Survey, Abstract No. 347, addressed at 409 Franks Road.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 1
BACKGROUND INFORMATION:
Case #: PZ22-0327
Applicant/Owner: James Mahan III
173 Oak Canopy Ct
New Braunfels, TX 78132
(830) 358-6286 | jmahan@southtexascapital.com
Staff Contact: Laure Middleton
(830) 221-4054 | lmiddleton@newbraunfels.gov
The subject property is situated in Guadalupe County on the west side of FM 1044 approximately half a mile south of the intersection with County Line Road. It abuts the Highland Gardens neighborhood to the north and west. The applicant is requesting a zoning change from “APD” Agricultural / Predevelopment District to “MU-A” Mixed Use Low Intensity District.
Surrounding Zoning and Land Use:
North - Highland Gardens PD / undeveloped (future single family)
South - R-1A-4 / undeveloped
East - Across FM 1044, APD Agricultural / Predevelopment District / undeveloped
West - Highland Gardens PD / undeveloped (future single family)
ISSUE:
The subject property is currently improved with several residential structures and barns. The adopted Regional Thoroughfare Plan shows the subject property is located within an area where several future major roadways will intersect including the relocation of FM 1044 to the extension of Rueckle Road (Parkway), the current FM 1044 (Minor Arterial), the County Line Road extension (Minor Arterial), and the extension of Highland Vista (Minor Collector).
The proposed rezoning to Mixed Use Low Intensity District is consistent with the following actions from Envision New Braunfels:
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.
Future Land Use Plan: The property lies within the Walnut Springs Sub Area and within a Transitional Mixed-Use Corridor (FM 1044).
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Approval. Development of a mix of residential, office and service uses as allowed in MU-A would be appropriate considering the subject property’s frontage on FM 1044, its close proximity to other future major roadways, and the neighborhoods in the vicinity whose residents could access and benefit from a mixed use development.
The Planning Commission held a public hearing on September 7, 2022, and unanimously recommended approval (9-0-0).
Mailed Notification pursuant to state statute:
Public hearing notices were mailed to 8 owners of property within 200 feet of the subject property. To date, no responses have been received.
Resource Links:
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. 3.4-17 (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>