PRESENTER: Presenter
Applicant: Sergio Lozano-Sanchez, P.E.
Owner: FM 1044 Real Estate, LLC
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SUBJECT: Title
PZ23-0488 Public hearing and recommendation to City Council to rezone approximately 26 acres out of John Thompson Survey No. 21, Abstract No. 608, from APD (Agricultural/Pre-development District) to R-3H (Multifamily High Density District), TH-A (Townhouse Residential District), and C-1B (General Business District), currently addressed at 1890 FM 1044.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 6
BACKGROUND INFORMATION:
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Case No: |
PZ23-0488 |
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Applicant: |
Sergio Lozano Sanchez, P.E. |
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2211 S IH 35 Frontage Road, Suite 107 |
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Austin, TX 78741 |
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(512) 524-0677 | sergioloccivil@gmail.com |
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Owner: |
FM 1044 Real Estate, LLC |
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4313 Mezzaluna Pass |
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Leander, Texas 78641 |
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(512) 563-8790 | sameerumatiya@yahoo.com |
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Staff Contact: |
Mary Lovell |
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(830) 221-4051 | mlovell@newbraunfels.gov |
The subject property is approximately 26 acres located at the intersection of FM 1044 and County Line Road, approximately one mile south of IH 35, and less than a mile from County Line Elementary School.
The applicant is requesting a change in zoning on the subject property from APD (Agricultural/Pre-development District) to R-3H (Multifamily High-Density District) on the southern portion, TH-A (Townhouse Residential District) on the northern portion, and C-1B (General Business District) on the eastern portion along FM1044. The applicant has submitted a zoning exhibit that shows the location of each zoning district proposed.
The applicant’s zoning exhibit also proposes approximately 5.6 acres to be dedicated for right of way improvements extending from FM 1044 on the east and extending to the current West County Line Road right of way to the southwest of the subject property.
The applicant previously submitted an application that proposed the same zoning districts, with the R-3H (Multifamily High Density District) proposed for the northern portion of the property and the TH-A (Townhouse Residential District) for the southern portion of the property, but after reviewing the comments of the surrounding neighbors given at the October 7, 2023 Planning Commission hearing, the applicant withdrew the previous request at the October 23, 2023 City Council hearing and resubmitted with the current proposal.
Surrounding Zoning and Land Use:
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North |
APD |
Single-Family Residences |
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South |
APD SUP, C-1B SUP |
Undeveloped Land, Single-Family Residences |
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East |
C-1Br36 |
Undeveloped Land |
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West |
PD |
Single-Family Residences |
ISSUE:
The applicant is requesting that a 2.18 acre eastern portion of the subject property be rezoned to C-1B (General Business District). The applicant is also requesting the rezoning of approximately 9.74-acre area of the property to TH-A (Townhouse Residential District) and an 8.13-acre area on the southern portion of the property to be rezoned to R-3H (Multifamily High Density District).
The applicant will also dedicate approximately 5.6 acres of the subject property for a 120-foot wide right-of-way for the extension of West County Line Road. This extension would provide vital transportation access for the proposed uses on the subject property, as well as the citizens and visitors to the City of New Braunfels.
The applicant is processing the required traffic impact analysis (TIA) and thoroughfare requirements with the City of New Braunfels’ Transportation and Capital Improvements Department (TCI). TCI is currently managing the delivery of two new traffic signals on FM 1044 at County Line Road and Schmidt Avenue and updating the thoroughfare plan that includes the future extension of County Line Road. If this requested rezoning is approved, the applicant will include and coordinate all capital improvements with TCI.
The proposed rezoning request is consistent with the following actions from Envision New Braunfels:
• Action 1.3: Encourage balanced and fiscally responsible land use patterns.
• Action 2.1: Sustain community livability for all ages and economic backgrounds.
• Action 3.1: Plan for healthy jobs/housing balance.
• Action 3.13: Cultivate an environment where a healthy mix of different housing products at a range of sizes, affordability, densities, amenities and price points can be provided across the community as well as within individual developments.
• Action 3.15: Incentivize home development that is affordable and close to schools, jobs and transportation.
• Action 3.3: Balance commercial centers with stable neighborhoods.
• Action 3.6: Pro actively provide a regulatory framework that remains business and resident friendly.
Future Land Use Plan: The subject property lies within the Walnut Springs Sub-area near existing education and employment centers.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Staff recommends approval. The proposed rezoning is consistent with the Future Land Use Plan and the Regional Transportation Plan and will aid in traffic flow with the extension of West County Line Road. The proposed request is also consistent with the surrounding land uses.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 40 properties within 200 feet of the request. To date, the city has received no responses.
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. 3.4-11 (R-3H) 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. 3.4-1 (TH-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. 3.4-11 (C-1B) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.4ZODIREPRZOSUJU221987>