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File #: 25-1012    Name:
Type: Public Hearing Status: Individual Item Ready
File created: 8/8/2025 In control: Planning Commission
On agenda: 9/3/2025 Final action:
Title: PZ25-0274 Public hearing and recommendation to City Council to rezone approximately 70.198 acres consisting of Lots 1A and 1B, out of the Resubdivision Plat of Lot One, River Gardens, from R-2 SUP (Single-Family and Two-Family District with a Special Use Permit allowing a facility for disabled persons) to MU-A (Low Intensity Mixed Use District), currently addressed as 740 & 750 Rusk St.
Attachments: 1. City Maps, 2. Districts Comparison Table, 3. Subject Property Photos, 4. Notification Map, List & Responses

PRESENTER: Presenter

Applicant: Austen Keithly

Owner: Julie Aniol Turner

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SUBJECT: Title

PZ25-0274 Public hearing and recommendation to City Council to rezone approximately 70.198 acres consisting of Lots 1A and 1B, out of the Resubdivision Plat of Lot One, River Gardens, from R-2 SUP (Single-Family and Two-Family District with a Special Use Permit allowing a facility for disabled persons) to MU-A (Low Intensity Mixed Use District), currently addressed as 740 & 750 Rusk St.

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DEPARTMENT: Neighborhood and Community Planning

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COUNCIL DISTRICTS IMPACTED: 5

 

BACKGROUND INFORMATION:

Case Number: PZ25-0274

Applicant: Austen Keithly, akeithly@tbastudio.com

Owner: Julie Aniol Turner, jturner.seraphim@gmail.com

Staff Contact: Mary Lovell, (830) 221-4051 | mlovell@newbraunfels.gov

 

The subject property is centrally located within city along Rusk Street, which runs southeast to northwest, and is located approximately 1 mile northwest of Interstate 35. The current zoning of the property is R-2 SUP, last rezoned in 1977 to allow the operation of an intermediate care facility for individuals with intellectual disabilities.

 

Surrounding zoning includes R-2 (Single-Family and Two-Family District) to the east and west, PD (allows single-family residential) to the east, R-3 (Multifamily District) and M-2 (Heavy Industrial District) to the south. Approximately 500 feet to the south is also a 28-acre property zoned MU-B (High Intensity Mixed Use District) in 2022 for the redevelopment of River Mill. Single-family residences, the Guadalupe River, and vacant land are currently abutting the subject property.

 

The applicant indicates that the proposed development includes the construction of single-family homes to be built with accessible features and amenities for individuals with disabilities and their families. In addition, the applicant is exploring models of utilizing a portion of revenues from retail operations to generate funds that support programs for individuals with disabilities.

 

ISSUE:

The applicant requests to rezone the property to MU-A for a low-intensity mixed-use development that provides housing, retail, a special needs facility, and office space in a thoughtful, neighborhood-scale development. Approximately fifty percent of the property is within flood risk areas and any development within the floodplain must meet minimum flood protection measures. The applicant states the proposed development will adhere to New Braunfels’ goals of housing diversity in a walkable setting that balances infill with preservation of the surrounding community character and the natural beauty of riparian environments.

 

Traffic Impact Analysis (TIA): Per adopted ordinance, if a TIA is required, it will be conducted at the Subdivision Platting and/or Building Permit stage, as applicable.

 

Drainage: Per adopted ordinance, if a drainage study is required, it will be conducted with the Public Infrastructure Construction Plan approval process and/or Building Permit stage, as applicable.

 

Utilities: As part of the routine intake review process, the water provider for the subject site, NBU (New Braunfels Utilities), reviewed the proposed zoning change request and has responded with no comments.

 

COMPREHENSIVE PLAN REFERENCE:

MU-A at this location is consistent with the following actions from Envision New Braunfels:

                     Action 1.3: Encourage balanced and fiscally responsible land use patterns.

                     Action 1.6: Incentivize infill development and redevelopment to take advantage of existing infrastructure.

                     Action 1.11: Update policies and codes to achieve development patterns that implement the goals of this plan.

                     Action 2.33: Encourage vertical growth and development of key areas to take advantage of infrastructure capacity, maintain the core, and discourage sprawl.

                     Action 3.1: Plan for a 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 3.30: Encourage and incentivize workforce/affordable housing to attract new workforce entrants and young families.

                     Action 3.31: Adopt policies and ordinances supportive of workforce housing, creating opportunities that make an investment in workforce housing more feasible for private and nonprofit developers.

 

Future Land Use Plan: The subject property is located within the New Braunfels Sub Area, near Existing Tourist and Market Centers.

 

STRATEGIC PLAN REFERENCE:

Economic Mobility Enhanced Connectivity Community Identity

Organizational Excellence Community Well-Being N/A

                     Economic Mobility: Incentivize mixed-use developments and redevelopments in targeted locations to create a built environment with integrated housing, commercial centers, and opportunities for improved connectivity.

                     Economic Mobility: Develop a cohesive framework for economic development incentives that encourage a built environment that results in enhanced walkability, mixed housing types, and the co-location of commercial and residential uses.

 

FISCAL IMPACT:

The proposed rezoning request is in alignment with the following recommendations and strategies of the Land Use Fiscal Analysis:

                     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 provide service delivery without significant impacts on infrastructure costs, and distribute cost burdens across more home/business owners.

 

RECOMMENDATION:

Staff recommends approval. The proposed MU-A district would allow for a planned low-density mixed-use development that aligns with Envision New Braunfels and the Strategic Plan. The proposed rezoning would enable a development that provides housing options, encourages reinvestment in an existing urbanized area, and supports the fiscal sustainability of the City by maximizing use of existing infrastructure, while preserving the natural areas along the Guadalupe River.

 

Mailed notification as required by state statute:

Public hearing notices were sent to owners of 51 properties within 200 feet of the request, and 41% opposition responses have been received by staff at the time of posting the agenda.

 

Resource Links:

                     Chapter 144, Sec. 3.3-2 (R-2) of the Citys Code of Ordinances: https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.3ZODIREPRZOPRJU221987

                     Chapter 144, Sec. 3.4-10 (MU-A) of the Citys Code of Ordinances: 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 Citys Code of Ordinances: https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.6SPUSPE