New Braunfels Logo
File #: 23-1685    Name:
Type: Ordinance Status: Individual Item Ready
File created: 12/5/2023 In control: City Council
On agenda: 1/8/2024 Final action:
Title: Public hearing and first reading of an ordinance to rezone approximately 42 acres out of the A. M. Esnaurizar Survey, Abstract 20, from MU-A AH (Low-Intensity Mixed-Use Airport Hazard Overlay District) to C-1B AH (General Business Airport Hazard Overlay District), currently addressed at 1983 State Highway 46.
Attachments: 1. City Maps, 2. Districts Comparison Table, 3. Zoning Exhibit, 4. TIA Determination Letter & Form, 5. Subject Property Photos, 6. Notification Map, List, and Responses, 7. PC Draft Minutes, 8. Draft Ordinance

PRESENTER: Presenter

Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director

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SUBJECT: Title

Public hearing and first reading of an ordinance to rezone approximately 42 acres out of the A. M. Esnaurizar Survey, Abstract 20, from MU-A AH (Low-Intensity Mixed-Use Airport Hazard Overlay District) to C-1B AH (General Business Airport Hazard Overlay District), currently addressed at 1983 State Highway 46.

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DEPARTMENT: Planning and Development Services

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COUNCIL DISTRICTS IMPACTED: 2

 

BACKGROUND INFORMATION:

Case No:

PZ23-0456

 Applicant:

 Colliers Engineering & Design, Wayne Flores

 

640 N Walnut Ave, Suite 1101

 

New Braunfels, TX 78130

 

(830) 220-6042 | wayne.flores@collierseng.com

 Owner:

 HKEK LLC, Tamala & Allen Schaefer

 

1938 SH-46 S

 

New Braunfels, TX 78130

 

(830) 708-8702 | schaeferallen@yahoo.com

 Staff Contact:

 Amanda Mushinski

 

(830) 221-4056 | amushinski@newbraunfels.gov

 

The subject property is approximately 42 acres and is situated at the southeast corner of the intersection of Weltner Rd, an existing Minor Collector, and State Hwy 46, an existing Principal Arterial. It is located approximately one-quarter of a mile northwest of the entrance of the Avery Park Planned Development District and approximately 700 feet southwest of the Weltner Farms Planned Development District.

 

The applicant requests a change in zoning from MU-A AH (Low-Intensity Mixed-Use Airport Hazard Overlay District) to C-1B AH (General Business Airport Hazard Overlay District).

 

Surrounding Zoning and Land Use:

North

Across Weltner Rd: C-3 and APD

Residential and Commercial Properties

South

C-3, Avery Park PD, APD

Residential Neighborhood

East

APD and Avery Park PD

Single-Family Residences

West

Across SH 46: C-3

Undeveloped Land

 

ISSUE:

The submittal indicates that the proposed zoning change is intended to allow for development under the C-1B General Business District which allows for a broad range of office and retail uses. C-1B would be 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.

                     Action 3.6: Proactively provides a regulatory framework that remains business and resident friendly.

 

Future Land Use Plan: The subject property is located within the Freiheit and Dunlap Sub-Areas, along a Transitional Mixed-Use Corridor, and near multiple Future Civic and Market Centers.

 

FISCAL IMPACT:

N/A

Recommendation

RECOMMENDATION:

Staff recommends approval based on the property's strategic location at the intersection of an existing Principal Arterial and proposed Parkway, its position along a Transitional Mixed-Use Corridor, its compatibility with surrounding land uses and zoning districts, and its alignment with the city's future land use plan. The recommendation underscores the potential positive impact of the zoning change on the balanced and sustainable growth of the area.

 

The Planning Commission held a public hearing on December 5, 2023, and unanimously recommended approval (7-0-0).

 

Mailed notification as required by state statute:

Public hearing notices were sent to owners of 34 properties within 200 feet of the request. To date, the city has received responses representing 4% in opposition.

 

Resource Links:

                     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. 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_S144-3.4ZODIREPRZOSUJU221987>

                     Chapter 144, Sec. 144-5.20 (Airport Hazard Overlay) 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>