PRESENTER: Presenter
Applicant: Killen, Griffin & Farrimond, PLLC
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SUBJECT: Title
SUP26-028 Public hearing and recommendation to City Council, requested by Killen, Griffin & Farrimond, PLLC on behalf of Farmers Mutual Fire, Leslie Lammers and Tom Tumlinson, Melvin Nolte, Jr, Chad L. Nolte, Sandra J. Nolte, Comal Properties, LLC, and Qdream, LLC, of approximately 2.112 acres out of City Blocks 2004, 2007, and 2014, from C-2 (General Business District), M-1 (Light Industrial District), and M-1 SUP (Light Industrial District with a Special Use Permit for STR) to MU-B SUP (High Intensity Mixed Use District with a Special Use Permit), currently addressed at 342, 352, & 353 East Bridge Street, 343 & 353 East Mill Street, 218, 232, 266, & 288 North Market Avenue, and 309 & 351 East San Antonio Street.
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DEPARTMENT: Neighborhood and Community Planning
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case No: SUP26-028
Applicant: Killen, Griffin & Farrimond, PLLC
(210) 960-2750 | nuriddin@kgftx.com
Owners: Farmers Mutual Fire, Leslie Lammers and Tom Tumlinson, Melvin Nolte, Jr, Chad L. Nolte, Sandra J. Nolte, Comal Properties, LLC, and Qdream, LLC
(210) 960-2750 | nuriddin@kgftx.com
Staff Contact: Mary Lovell, AICP, CNU-A
(830) 221-4051 | mlovell@newbraunfels.gov
The applicant is requesting to rezone approximately 2.112 acres comprised of multiple parcels generally located west of East San Antonio Street and in close proximity to the Comal River. The subject properties are situated less than one-quarter mile from Main Plaza, placing them within the walkable Downtown area and its surrounding amenities. Nearby land uses consist of residential, short-term rentals, and various other commercial uses.
In December 2024, nearby properties formerly owned by ADM Mill were rezoned to MU-B with a Special Use Permit (SUP) to facilitate the redevelopment of the site as a mixed-use project. The applicant plans to incorporate these subject properties into the overall development plan. Approval of this request would allow these parcels to be integrated into the larger mixed-use project, creating a more cohesive and unified redevelopment of the area.
ISSUE:
The applicant is requesting to rezone the property from C-2 (General Business District), M-1 (Light Industrial District), and M-1SUP (Light Industrial District with a Special Use Overlay to allow Short-Term Rental) to MU-B SUP (High-Intensity Mixed Use District with a Special Use Overlay). The requested rezoning is to allow a mixed-use development to include a hotel, multi-family housing, restaurants, retail uses, offices, and a parking garage and/or surface-level parking.
COMPREHENSIVE PLAN REFERENCE:
In addition, the requested rezoning would be 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 2.5: Encourage diversification of commercial activity Downtown to build on and sustain existing historic resources and maximize structure utilization for economic expansion.
• Action 3.21: Enhance local recreational venues.
• Action 3.22: Encourage venues within walking distance of neighborhoods and schools.
• Action 3.3: Balance commercial centers with stable neighborhoods.
• Action 4.30: Grow outdoor recreation activities by facilitating water-based (e.g. paddle boarding, canoeing, kayaking) and adventure-based programming.
• Action 7.43: Consider locating parking on underutilized parcels city-wide and within core attraction corridors through collaboration with private property owners, including but not limited to areas along Mill Street as well as areas behind buildings on Seguin Avenue.
• Action 7.44: Consider parking garages in high-demand areas including near Wurstfest, old City Hall Downtown and Schlitterbahn.
Future Land Use Plan: The subject property is located within the New Braunfels Subarea within an existing Outdoor Recreation Center and near an existing Tourist Center.
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.
• Enhanced Connectivity: Increased bikeway, trails, and sidewalk miles.
• Community Identity: Allocate resources and recurring funding dedicated to community-wide beautification and streetscape enhancement.
• Community Well-Being: Look for opportunities to reconnect the community by mitigating highways, waterways and other transportation facilities that create barriers to community connectivity.
LAND USE FISCAL ANALYSIS REFERENCE:
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.
• Promote revised development standards that allow flexibility for small units on small lots, narrower streets, relaxed height limits, and reduced parking requirements.
• Prioritize infill projects that add people and buildings in areas with existing infrastructure. This will increase tax revenue without significant impacts on services and infrastructure costs and distribute cost burdens across more home/business owners.
FISCAL IMPACT:
The property is located within the Tax Increment Reinvestment Zone (TIRZ) #3. Redevelopment of the property will result in a portion of additional property tax values generated in the area directed into the TIRZ to be used to improve roadways, sidewalks, and many other improvements that will benefit the surrounding community.
Recommendation
RECOMMENDATION:
The MU-B district aligns with the Strategic Plan and Land Use Fiscal Analysis, as well as with Envision New Braunfels by promoting mixed-use development, walkability, and reinvestment in and near downtown. The requested zoning will also remove some high intensity uses from what would normally be allowed in MU-B but that would not be compatible with the surrounding land uses.
Staff recommends approval subject to the conditions and allowances outlined below. The applicant’s proposed development standards were submitted for review and are included in the attachments. The most significant difference between the applicant’s proposal and staff recommendations are the requirements for the development of a parking garage in item #4.
1. Uses listed in Exhibit “A” shall not be allowed on the Property.
2. Definition of Permitted Uses: Golf course (miniature) shall include par 3 and putt-putt courses. Tennis courts shall include pickle ball courts.
3. A Parking Demand Study, per Sec. 144-5.1-3 (d), shall be submitted and approved prior to building permit issuance to determine the number of parking spaces required.
4. Parking structures shall include active uses (such as retail, food service, lobbies, civic entries, live/work units, residential entries, café seating, pedestrian furniture, public art), enhanced landscaping, or liner buildings along any frontage facing public streets, pedestrian ways, or civic spaces.
5. Surface Parking Lot(s) landscaping shall provide native shade trees within 50 feet of all parking spaces and shall meet or exceed all parking lot landscape code requirements.
6. Building Setbacks:
a. Minimum Front, Side, and Rear Building Setback: 0 ft.
b. Build to Line: The first floor of buildings shall be built to the property line along San Antonio Street and shall include one or more public entrances along San Antonio Street.
c. Buildings facing all other public rights-of-way must be built to the property line, unless a public space, such as a sidewalk, outdoor seating area, linear park, or other pedestrian-oriented area is located between the right-of-way and building, in which case the building may be set back from the property line to accommodate such use.
7. Compatibility Setbacks:
a. Where the MU-B District abuts a one-, two-, three- or four-family use or zoning district, the building setback from the one-, two-, three- or four-family property line shall be at least 20 feet.
b. To achieve a stairstep approach to reach the maximum building height:
i. The allowed building height shall be 36 feet for any building or portion of a building between 20 and 35 feet from the one-, two-, three-, or four-family property line.
ii. The allowed building height shall be 72 feet for any building or portion of a building between 35 and 50 feet from the one-, two-, three-, or four-family property line.
iii. The allowed building height for any building or portion of a building that is greater than 50 feet from the one-, two-, three-, or four-family property line shall be 120 feet.
8. Residential Buffer Wall: The residential buffer wall requirement as described in Section 144-5.3-2 (h) shall not apply.
9. Loading docks, trash receptacles, recycling compactors, mechanical and electrical equipment, and any other equipment that generates odor, smoke, or noise, shall not be constructed or located within 20 feet of any abutting one-, two-, three- or four-family use or zoning district.
10. Residential Screening:
Landscaping or fencing shall screen loading docks, trash receptacles, recycling compactors, and mechanical and electrical equipment to limit or prevent their visibility from any one-, two-, three- or four-family use or zoning district.
11. Multi-Family Lot Coverage: The multi-family lot coverage standard per Section 144-3.4-11 (b)(2)(x) shall not apply.
12. Development of the site shall be in compliance with the above-listed development standards. Any significant alterations to the approved development standards will require an amendment to the SUP with a recommendation from the Planning Commission and consideration by the City Council.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 27 properties within 200 feet of the request. To date, the city has received no responses.
Resource Links:
• Chapter 144, Sec. 3.3-8 (C-2) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.3ZODIREPRZOPRJU221987>
• Chapter 144, Sec. 3.3-11 (M-1) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.3ZODIREPRZOPRJU221987>
• Chapter 144, Sec. 3.4-11 (MU-B) 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>
• 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>