PRESENTER: Presenter
Matthew Simmont, AICP, Planning Manager
Body
SUBJECT: Title
Approval of the second and final reading of an ordinance regarding the proposed rezoning of approximately 10 acres out of the Equinox Subdivision, from MU-Ar82 SUP (Low Intensity Mixed Use District with Restrictions with a Special Use Permit for Two-Story Townhomes) to MU-Ar82 SUP (Low Intensity Mixed Use District with Restrictions with a Special Use Permit for Multifamily), located west of the intersection of Independence Drive and Equinox Circle.
Header
DEPARTMENT: Planning and Development Services
Body
COUNCIL DISTRICTS IMPACTED: 3
BACKGROUND INFORMATION:
|
Case No: |
SUP23-227 |
|
Applicant: |
Ink Civil James Ingalls, P.E 2021 SH 46 W, Suite 105 New Braunfels, TX 78132 (830) 358-7127 | plats@ink-civil.com |
|
Owner: |
Oak Run & Independence, LLC Attn: Pete Levine 5900 Balcones Drive, Ste. 100 Austin, TX 78731 (970) 893-0107 | pete@grocapitus.com |
|
Staff Contact: |
Mary Lovell (830) 221-4051 | mlovell@newbraunfels.gov |
The City Council held a public hearing on July 24, 2023 and approved the first reading of the applicant’s requested rezoning ordinance (7-0-0) with the following additional conditions:
• Maximum of 128 dwelling units.
• 78 three-caliper inch trees.
• 18 four-caliper inch trees along Independence Drive (1 per 40 linear feet).
• 25 four-caliper inch trees along the Mission Hill Park boundary (1 per 40 linear feet).
• The species may be any variety as allowed per the City’s approved tree planting list.
• Any of these trees that cannot reasonably fit on site (due to drainage, easements, etc.) shall be planted at Mission Hill Park or other public property instead.
The subject property is approximately 10 acres located between Mission Hill Park and Westpointe Self-Storage. Situated at the intersection of Independence Drive and Equinox Circle, approximately 800 feet to the southwest of the intersection of State Highway 46 and Independence Drive; the Westpointe Village shopping center is located across Independence Drive.
The applicant is requesting a change in zoning from MU-Ar82 SUP (Low Intensity Mixed Use District with Restrictions, with a Special Use Permit for Two-Story Townhomes) to MU-Ar82 SUP (Low Intensity Mixed Use District with Restrictions, with a Special Use Permit for Multifamily).
Surrounding Zoning and Land Use:
|
North |
MU-A |
Self-Storage |
|
South |
MU-A, C-1B |
Assisted Living Center, Shopping Center |
|
East |
MU-A, C-1B |
Self-Storage |
|
West |
MU-A |
Public Park |
ISSUE:
The applicant has indicated the intent of the submitted request is to amend an existing Special Use Permit (SUP) to allow multifamily development, with additional development standards as depicted on the site plan. The initial SUP was approved in January 2017, to allow residential uses not to exceed one-story. That SUP was amended in March 2021, to allow two-story townhomes, with a condition restricting the height of the buildings to not exceed 950 feet above mean sea level (msl) or 35 feet, whichever is more restrictive, to preserve scenic views from the summit of Mission Hill Park.
The current request proposes an increase in units from 108 to 128 and minor changes to the placement of the residential buildings on the subject property. All other conditions and development standards approved with the previous SUPs will be maintained as part of the current request.
This rezoning would be 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 3.16: Review and revise regulations that inadvertently inhibit creative housing options or workforce housing alternatives.
• Action 3.18: Encourage multi-family to disperse throughout the community rather than to congregate in masse.
• Action 3.30: Encourage and incentivize workforce/affordable housing to attract new workforce entrants and young families.
Future Land Use Plan: The subject property is located within the Hoffman Lane Sub Area and near existing Employment, Outdoor Recreation, and Market Centers.
Recommendation
FISCAL IMPACT:
N/A
RECOMMENDATION:
The applicant’s rezoning would facilitate residential development consistent with ongoing development in the area. It is supported by the above-listed actions from Envision New Braunfels. If approved, the portion of the subject property that is proposed to allow multifamily must be replatted. The remaining portion of the subject property is proposed to be townhouses on platted lots. Staff recommends the additional conditions to the Type 2 SUP as outlined below.
1. Development of the site is to be in compliance with the attached site plan and the development standards of the “MU-A” Low Intensity Mixed Use District. Any significant alterations to the submitted site plan and development standards will require an amendment to the SUP with a recommendation from the Planning Commission and approval by City Council.
2. Development of the site is to be in compliance with all of the standard construction requirements for the approved use at the time of construction permit, including drainage plans, traffic impact analysis, driveway location, and landscaping.
3. A wrought iron fence is to be constructed and maintained in perpetuity by the subject property owner along the abutting Mission Hill Park boundary (general location indicated along yellow boundary line).
4. Vehicular access from Mission Hill Park to the subject property will not be permitted.
5. Second floor rear balconies will not be permitted for buildings that are adjacent to Mission Hill Park and for buildings where the rear balconies would face Mission Hill Park.
6. All permitted rear patio space must be covered.
7. The maximum permissible building height for all structures is 950 feet above mean sea level.
8. Air conditioning equipment shall not be permitted for rooftop installation.
The Planning Commission held a public hearing on July 5, 2023, and unanimously recommended approval (6-0-0).
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 7 properties within 200 feet of the request. To date, the city has received no responses in opposition.
Resource Links:
• Chapter 144, Sec. 3.4-10 (MU-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> <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.4ZODIREPRZOSUJU221987>
• Chapter 144, Sec. 3.6 (SUP) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.6SPUSPE> <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.6SPUSPE>