PRESENTER: Presenter
Applicant: Chris Rhodes
Body
SUBJECT: Title
ZB25-0011 Hold a public hearing and consider a request for a variance from Sec. 144-3.3-10 (b)(1)(i) to allow a building to exceed the 75-foot maximum height by 8 feet, 10 inches, in the C-4 (Resort Commercial District), addressed at 738 IH 35 North
Header
BACKGROUND RATIONALE:
Case #: ZB25-0011
Applicant: Chris Rhodes, (979) 268-2000, chris.rhodes@oldhamgoodwin.com
Owner: OGC River Village Hotel I LP
Staff Contact: Mary Lovell, (830) 221-4051, mlovell@newbraunfels.gov
The subject property is located along Interstate Highway 35 North between an apartment complex and a restaurant. The property is approximately 4.4 acres with an access drive leading to a larger portion of the property near the Guadalupe River. The front of the property, including the driveway access, is zoned C-3 (Commercial District). The remainder of the platted lot is zoned C-4 (Resort Commercial District). C-3 has a maximum height of 120 feet, and C-4 has a maximum height of 75 feet.
The applicant is requesting a variance to allow a building that is 83 feet and 10 inches in height to exceed the height maximum in C-4 by 8 feet, 10 inches. Per Section 144.521-2, all necessary mechanical appurtenances are not included when calculating the building height.
Section 2.2-2(a) of the Zoning Ordinance states the Board of Adjustment may authorize a variance from the zoning regulations only upon finding the following facts:
1) That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of land; (The applicant states that the variance request is the result of two primary conditions affecting the subject property:
A) The subject property is heavily sloped towards the river with approximately thirty feet of vertical fall from the planned parking lot entry to the river edge. This extreme topography necessitates a smaller footprint and a taller building to achieve a viable project.
B) The buildable area on the subject property is further limited by two additional easement areas that were required to be dedicated to New Braunfels Utilities (NBU) at the time the subject property was platted. These easements are required to support a longstanding public capital project to replace an existing sanitary sewer trunk/collector line that parallels the Guadalupe River and serves the community at large. The easements cover approximately half of an acre of the 4.4-acre subject property. The combined impact of excessive topography across the subject property, as well as the loss of additional surface acreage to accommodate a public capital project, warrants a variance for increased building height), and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (The applicant states that the extreme slope across the subject property, combined with the loss of additional surface acreage to support the NBU capital project benefitting the public at large, severely limit the buildable footprint for a property. A property of this total surface acreage with C-4 height restrictions could accommodate an approximately 300+ room hotel and resort under normal conditions; however, due to the significant loss of usable surface acreage on the subject property as described above, increased building height is necessary to simply achieve a modest-sized commercial project), and
3) That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; (The applicant states that the granting of the variance will have no detrimental impact on the adjacent property owners and will have some benefit to the adjacent properties. The front of the subject property, as well as the lots between the subject property and the IH-35 frontage road, are zoned C-3, which allows a building height of 120 feet, which is substantially more than the requested building height on the subject property. The adjacent property immediately to the northeast is another hotel development, Courtyard by Marriott, which is owned and operated by an ownership group affiliated with the applicant. The adjacent property immediately to the southwest is a multifamily development. The applicant has maintained a substantial distance (greater than 1/1 transitional site plane) from the multifamily development, and there are also trees along this property line, which provide screening. The smaller building footprint allows the applicant to maintain a greater setback between the building being constructed and the neighboring properties), and
4) Granting of the variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this Chapter; (The applicant states that the granting of the variance will not prevent the orderly use of other properties within the area), and
5) That an undue hardship exists; (The applicant states that the extreme slope of the property, combined with the sizable loss of surface acreage to accommodate an NBU public project, restricts the buildable area of the subject property. This hardship limits the footprint available on which to build, which necessitates a taller structure to provide the room count and amenities for a moderately-sized commercial project), and
6) That the granting of a variance will be in harmony with the spirit and purpose of these regulations. (The applicant states that granting the variance will be in harmony with the spirit of the City's regulations. Part of the subject property is zoned C-3, which already allows building heights up to 120 feet; therefore, the height variance request is in harmony with the development standards located on a portion of the property. In addition, the applicant's project is in harmony with the goals of the C-4 zoning and includes lodging, meeting space, a restaurant, and outdoor recreational opportunities along the riverfront.)
LAND USE FISCAL ANALYSIS REFERENCE:
The variance request is in alignment with the following recommendations and strategies of the Land Use Fiscal Analysis:
• Increase building heights to enhance land use efficiency by expanding habitable area within a reduced footprint, promoting long-term fiscal sustainability.
• Provide a mix of uses and building types, heights, and sizes in a more walkable context to produce more value and fiscal productivity.
• Prioritize infill projects that add people and buildings in areas with existing infrastructure. This will increase revenue to better cover cost of services, and distribute cost burdens across more business/property owners.
STAFF RECOMMENDATION:
Staff concurs with the applicant’s justification and recommends approval of the applicant’s variance request. In addition to the existing physical hardship due to the nature of the land, split zoning of the property, and public easements on site, the request is also supported by the City’s adopted Land Use Fiscal Analysis.
GENERAL INFORMATION:
Size:
Lot area: 4.4 acres
Lot depth: Approximately 800 feet
Lot width: Varies
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North - Freeway
South - Guadalupe River
East - C-3 & C-4 Restaurant, Hotel
West - R-3L SUP, C-3 & C-4, Short Term Rental, Apartments
Notification
Public hearing notices were sent to 6 owners of property within 200 feet of the subject property. To date, staff has received no responses in opposition.