The future of a proposed New Braunfels housing development is up in the air after a motion to rezone 38 acres for a new subdivision failed 3-2 on March 23.
Council members Michael Capizzi and April Ryan, and Mayor Neal Linnartz voted to approve the rezoning, while council members Toni Carter and Mary Ann Labowski dissented. Mayor Pro Tem Lawrence Spradley was absent, and council member D. Lee Edwards recused himself from the item, as he is a party involved in the potential sale of the property, city officials said.
What happened
Killen, Griffin & Farrimond, the firm representing the proposed property developer KB Home, requested a postponement of at least 45 days to determine the best way to address public concerns discussed during a planning commission meeting Feb. 3, said Ashley Farrimond, a lawyer with Killen, Griffin & Farrimond.
The motion for postponement also failed in a similar 3-2 vote, which forced City Council to vote on the rezoning, according to state law.
If 20% or more of the landowners around the property requesting to be rezoned voice opposition, a supermajority, or four of the seven voting council members must be in agreement to move the item along, according to Sec. 211.006 of Texas Local Government Code.
Notices were mailed to 63 property owners within 200 feet of the property. Of those, 34 notices were returned in opposition to the rezoning, or about 54% of respondents. Some adjacent property owners cited concerns with KB Home building residences on the property, citing infrastructure and traffic, according to agenda documents.
The background
The planning commission approved the item to move forward to the City Council on Feb. 9. Approximately 26 acres of the property—which is located Southwest of Hwy. 46 near Hueco Springs Loop Road—is zoned for agricultural use. The remaining 12 acres are zoned for residential use. Under the existing zoning, developers are allowed to create 5,500-square-foot lots, as previously reported by Community Impact.
If the rezoning had passed, the number of lots would have decreased from 156 homes in a previous rezoning request to 131 homes on the 38 acres because of the increased lot size. KB Home requested that the land be rezoned to allow for larger, 6,600-square-foot lots, according to agenda documents.
The property's development would also require the extension of Old Mission Lane. The minor collector was designated as such in both the city’s thoroughfare plan and the Mission Hills Ranch Master Plan, as previously reported by Community Impact.
Public input
New Braunfels residents voiced concerns over preserving the aesthetic of the Texas Hill Country, and a potential rise in traffic and sewage use.
Lisa Le Canu, a resident of Mission Hills Ranch, opposed the rezoning because it went against her reason for moving to the area.
“We didn’t want to have this homogenous urban sprawl all over that area,” Le Canu said. “We liked that it was farmland.”
Ryan said she supported the rezoning and appreciated Texas's property rights.
“I don’t tell you what to do with your land, you don’t tell me what to do with mine,” Ryan said. “We have so many other tools in our city council toolbox to make sure that this development aligns with other projects in the area.”
What’s next
While the vote to rezone the property failed, it can still be sold and developed at the current zoning classifications, according to city officials. The property owner and developer can also bring a “substantially similar” item back for consideration in a year, Planning Director Christopher Looney said.
