PRESENTER: Presenter
Christopher J. Looney, AICP, Planning and Development Services Director
Body
SUBJECT: Title
Public hearing and first reading of an ordinance 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
Header
DEPARTMENT: Planning and Development Services
Body
COUNCIL DISTRICTS IMPACTED: 6
BACKGROUND INFORMATION:
|
Case No: |
PZ23-0488 |
|
|
|
|
Applicant: |
Sergio Lozano Sanchez, P.E. |
|
|
2211 S IH 35 Frontage Road, Suite 107 |
|
|
Austin, TX 78741 |
|
|
(512) 524-0677 | sergioloccivil@gmail.com |
|
|
|
|
Owner: |
FM 1044 Real Estate, LLC |
|
|
4313 Mezzaluna Pass |
|
|
Leander, Texas 78641 |
|
|
(512) 563-8790 | sameerumatiya@yahoo.com |
|
|
|
|
Staff Contact: |
Mary Lovell |
|
|
(830) 221-4051 | mlovell@newbraunfels.gov |
The subject property comprises approximately 26 acres at the intersection of FM 1044 and County Line Road, approximately one mile south of IH 35, and less than a mile from Walnut Springs, Memorial, and County Line Elementary Schools. The applicant is requesting a change in zoning on the subject property which is currently zoned APD (Agricultural/Pre-development District). The applicant’s submitted exhibit illustrates:
• 9.74 acres on the northern portion be rezoned to TH-A (Townhouse Residential District),
• 8.13 acres on the southern portion be rezoned to R-3H (Multifamily High-Density District),
• 2.18 acres on the eastern portion along FM 1044 be rezoned to C-1B (General Business District); and
• 5.6 acres to be dedicated as 120-foot width of right of way for the extension of County Line Road.
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 concerns of the surrounding neighbors given at the October 7, 2023 Planning Commission hearing, the applicant withdrew their previous request at the October 23, 2023 City Council meeting and resubmitted with the current revised proposal.
Surrounding Zoning and Land Use:
|
North |
APD |
Single-Family Residences |
|
South |
APD SUP, C-1B SUP |
Undeveloped Land, Single-Family Residences |
|
East |
C-1Br36 |
Undeveloped Land |
|
West |
PD |
Single-Family Residences |
ISSUE:
In addition to providing access to the proposed uses on the subject property, the extension of County Line Road would provide additional mobility for all New Braunfels citizens and visitors. 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:
Approval. The proposed rezoning is consistent with the Future Land Use Plan, surrounding land uses, and the Regional Transportation Plan.
The Planning Commission held a public hearing on January 3, 2024, and unanimously recommended denial (7-0-0).
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, staff has received 40% responses in opposition.
Opposition represents 20% or more of the notification area. Pursuant to state statute, a ¾ majority of City Council (6 votes) will be required to approve the applicant’s request unless that opposition changes.
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>