PRESENTER: Presenter
Matthew Simmont, AICP, Planning Manager
Body
SUBJECT: Title
Public hearing and first reading of an ordinance regarding a proposed rezoning of approximately 86 acres out of the A.M. Esnaurizar Survey, Abstract 20, from APD AH (Agricultural/Pre-Development Airport Hazard Overlay District) to R-3L AH (Multifamily Low Density Airport Hazard Overlay District) currently addressed at 1280 Saengerhalle Road and 1682 Saur Lane
Header
DEPARTMENT: Planning and Development Services
Body
COUNCIL DISTRICTS IMPACTED: 2
BACKGROUND INFORMATION:
|
Case No: |
PZ23-0352 |
|
|
|
|
Authorized Representative: |
Shannon Mattingly |
|
|
2705 Bee Cave Road, Suite 100 |
|
|
Austin, TX 78746 |
|
|
(830) 643-9453 | smattingly@drennergroup.com |
|
|
|
|
Owner: |
Rockspring Saur LLC (Attn: Beau Ryan) |
|
|
3200 Southwest Freeway, Suite 300 |
|
|
Houston, TX 77027 |
|
|
(713) 535-2285 | beau@rockspring.com |
|
|
|
|
Staff Contact: |
Mary Lovell, Senior Planner |
|
|
(830)221-4051| mlovell@newbraunfels.gov |
At the January 8, 2024 City Council meeting, the applicant requested a postponement to the January 22, 2024 City Council meeting. City Council approved the postponement request. The applicant also amended their request: their original request was for a mix of R-3L AH (Multifamily Low Density Airport Hazard Overlay District) and R-3H AH (Multifamily High Density Airport Hazard Overlay District). Their amended request is for the entirety of the requested rezoning area to be R-3L (Multifamily Low Density Airport Hazard Overlay District).
At the January 22, 2024 City Council meeting, the applicant requested and was granted a postponement to the February 26, 2024 City Council meeting.
The subject property comprises approximately 86 acres on the southeast side of Saengerhalle Road, approximately 700 feet east of Saur Lane and next to the Saengerhalle Estates Subdivision. The property is currently developed with two single-family residences and is under agricultural use. The applicant is requesting a change in the base zoning from APD to R-3L but is not requesting to change or remove the Airport Hazard Overlay. R-3L allows multifamily residences at not more than 12 units per acre.
Access to the property would be from Saengerhalle Road (Minor Collector) and Saur Lane (Principal Arterial). A planned minor collector is located on the southwestern portion of the subject property and will be required to be constructed with platting.
Surrounding Zoning and Land Use:
|
North |
Outside City Limits |
Undeveloped, farmland |
|
South |
APD |
Undeveloped, farmland |
|
East |
APD, M-1 |
Single family residences, New Braunfels National Airport |
|
West |
R-1A-6.6r79 |
Single-family and duplex development |
ISSUE:
Related Envision New Braunfels Action Items include:
• Action 1.8: Concentrate future investment in industrial and employment centers near existing and emerging hubs, such as the airport; and along existing high-capacity transportation networks, such as Interstate Highway 35.
• Action 2.1: Sustain community livability for all ages and economic backgrounds.
• Action 6.2: Protect the airport from incompatible land use encroachment.
Future Land Use Plan: The property lies within the Oak Creek Sub Area near a Transitional Mixed-Use Corridor, is adjacent to and partially within a Future Market Center and lies a short drive from Existing Employment and Civic Centers. The tract on the north side of Saengerhalle Road is outside of the city limits.
Airport Master Plan: Expansion plans for airport improvements and operations will be located in the undeveloped southwest corner, which is directly across from the subject property.
Land use compatibility around airports is an important element in allowing aircraft to traverse the airspace expeditiously and safely. Airport compatibility also includes ensuring activities and land uses near airports are not negatively impacted by airport operations. Residential development is particularly sensitive to such operations and is typically considered incompatible if situated near an airport. Residences near the Airport would be subject to ongoing and increased noise emanating from planes during takeoff and landing. Airport noise is such that when residences are near airports, contentious relationships often arise between those residents and the respective city.
Protecting the Airport from conflicting land uses helps to maintain a safe operating environment, maximize return on taxpayer infrastructure investments, and comply with Federal grant assurances. It is important for the long-term operation and viability of an airport, its users and the health and safety of people living and working in close proximity.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Alternative base zoning districts of C-1B (General Commercial), M-1A (Light Industrial District) or M-2A (Heavy Industrial District) would be appropriate for this property considering its location near an airport. A transition of land use from least intense (residential) to most intense (industrial) as one moves closer to an airport is the typical expectation for airport compatibility. If the subject property were to meet this scenario with commercial or industrial uses, a transition of land use from existing residential immediately southwest of the subject tract towards airport activities to the east would support the Action Items and the Future Market Center called for in Envision New Braunfels.
The Planning Commission held a public hearing on December 5, 2023 and unanimously recommended denial of the applicant’s original request (7-0-0).
Mailed notification pursuant to state statute:
Public hearing notices were sent to owners of 21 properties within 200 feet of the request and staff has received responses of 2% in opposition.
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, Section 3.4-4. (R-3L) 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, Section 5.20 Airport Hazard Zoning District: https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTVDEST_S144-5.20AIHAZODI