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D) • Public HearingCity of New Braunfels (Comal County)

Public hearing and first reading of an ordinance, at the request of Phong Tien Nguyen, to rezone approximately 0.7 of an acre out of the A M Esnaurizar Survey, Abstract 1, from C-3 AH (Commercial, Airport Hazard Overlay District) to C-3 AH SUP (Commercial, Airport Hazard Overlay District with a Special Use Permit to allow Short Term Rental of a residence), currently addressed at 1092 State Highway 46 South.

Presented in: City Council Meeting on 2026-01-12
Meeting Agenda PDFOfficial Minutes PDF

Official Roll-Call Vote

Expands Gov't • 7.2/10 Impact Weight
PASSED (0 - 0)
“Mayor Linnartz read the aforementioned item. Matthew Simmont presented this item to council using a powerpoint presentation and answered questions. Councilmember Edwards motioned to approve this item with the condition of a parking site plan being submitted to city staff for review and approval. Councilmember Capizzi seconded the motion which failed for lack of super majority.”
TC
Toni Carter
Councilmember, District 1 (District 1)
ABSTAIN
“Opposed”
MC
Michael Capizzi
Councilmember, District 2 (District 2)
ABSTAIN
“In Favor”
DL
D. Lee Edwards
Councilmember, District 3 (District 3)
ABSTAIN
“In Favor”
LS
Lawrence Spradley
Councilmember, District 4 (District 4)
ABSTAIN
“In Favor”
MA
Mary Ann Labowski
Councilmember, District 5 (District 5)
ABSTAIN
“In Favor”

Staff Report & Agenda Item Details

Mayor Linnartz read the aforementioned item. Matthew Simmont presented this item to council using a powerpoint presentation and answered questions. Councilmember Edwards motioned to approve this item with the condition of a parking site plan being submitted to city staff for review and approval. Councilmember Capizzi seconded the motion which failed for lack of super majority.

Bastiat Liberty & Property Rights Analysis

This motion is scored as EXPANDS_GOVERNMENT (Impact Weight: 7.2/10). Under the Bastiat Liberty Watchdog Index, measures that increase tax rates or fee schedules, issue new debt or Certificates of Obligation, expand regulatory/zoning restrictions on private land use, or authorize unbudgeted spending expansions reduce an official's Freedom Score when voted YES (and reward dissenting NO votes).