PRESENTER: Presenter
Applicant: Killen, Griffin & Farrimond, PLLC
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SUBJECT: Title
SUP24-338 Public hearing and recommendation to City Council to rezone approximately 9.4 acres out the J.M. Veramendi Survey, Abstract No. 2, Comal County, from C-2 (General Business District), C-4 (Resort Commercial District) and M-1 (Light Industrial District) to MU-B SUP (High Intensity Mixed Use District with a Type 1 Special Use Permit), currently addressed at 373 & 403 E. Bridge St., 312, 340 & 373 E. Mill St., and 385 & 401 E. San Antonio St.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case No: SUP24-338
Applicant:
Killen, Griffin & Farrimond, PLLC
(210) 960-2750 | nuriddin@kgftx.com
Owner:
ADM Milling Co.
(210) 960-2750 | nuriddin@kgftx.com
Staff Contact:
Mary Lovell
(830) 221-4051 | mlovell@newbrainfels.gov
The subject property is approximately 9.4 acres in area and is comprised of several parcels generally located west of E. San Antonio St. running along a portion of the Comal River. The property is located less than a quarter mile from Main Plaza. The property is directly across the river from Prince Solms Park.
Between two of the subject property parcels along the river is an approximately 2-acre tract of land owned by the City of New Braunfels, which is the location of the Tube Chute.
The property was once known as the Dittlinger Flour Mill. It opened in 1886 and closed in March 2023. At the time of closure, it was and remains owned by the ADM Mill Company.
The surrounding land uses consist of residential, short-term rental residences, commercial uses, vacant land, the City-owned parkland, and right-of-way. A railroad track terminates on the property and is no longer operational.
The property is mostly vacant with some mill-related industrial buildings still erect, as well as the silos used in the previous flour mill operation. The applicant has indicated that one or more silos are expected to be incorporated into the redevelopment plans for the property.
ISSUE:
The applicant proposes rezoning from C-2 (General Business District), C-4 (Commercial-Resort District), and M-1 (Light Industrial District) to MU-B SUP (High-Intensity Mixed Use District with a Type 1 Special Use Permit). The submitted application indicates that the proposed zone change is for a mixed-use development to include primarily a hotel, multi-family housing, restaurants, retail uses, offices, and a parking garage and/or surface-level parking. The applicant plans to take advantage of the river-frontage by providing opportunities for public use of that portion of the site.
The applicant has applied for a Type 1 Special Use Permit in conjunction with the base zone change to MU-B. The Type 1 SUP regulates land use and allows a mechanism for applicants to propose alternative design standards as well as specific uses, with the intent of providing a higher quality development than would result from strict compliance with the code. The Type 1 SUP does not require a detailed site plan.
The applicant has identified several uses that are allowed under the MU-B base zoning district that are not intended to be developed on the property and these undesirable uses are included in Exhibit “A, which is included as an attachment.” If the SUP is approved, the undesirable uses listed in Exhibit “A” will not be allowed.
Additionally, the applicant has proposed alternative design standards also listed in the attachment. While staff is generally in support of the alternative design standards submitted by the applicant, staff recommends additional standards, as well as slight modifications to the applicant’s proposed standards, to achieve the high-quality walkable development desired in downtown New Braunfels. The recommendation section of the report elaborates on the additional standards staff recommends. These additional conditions and allowances will further enhance the proposed development and benefit the surrounding community.
Planning and Development Services recently worked with Verdunity to complete the Land Use Fiscal Analysis to help guide land use development decisions that will work to improve the fiscal health of the city. Verdunity is a land use, planning and engineering firm that specializes in fiscal analysis for local communities. This study laid out strategies and recommendations to aid the city in making fiscally sound land use decisions.
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.
In addition, the requested zoning 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 the Outdoor Recreation Center area 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.
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 high-intensity mixed-use zoning district will allow for a mixed-use development that enables people to live, work, and shop in a single location. The proposed zoning district is supported by the Land Use Fiscal Analysis, Envision New Braunfels, and the Strategic Plan. The requested Type 1 SUP will also remove some high intensity uses that would not be compatible with the surrounding land uses.
Staff recommends approval of the applicant’s request for MU-B SUP with the following conditions and allowances:
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 course. Tennis courts shall also 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 required parking spaces.
4. Parking garage(s) shall maintain pedestrian-friendly and active habitable frontages on the first floor level that blend with the existing block face. This shall be accomplished with the following requirements:
a. Liner retail, restaurant, or office for a minimum depth of 20 feet on the first floor of the parking garage facing the public right-of-way and/or pedestrian spaces.
b. Awnings or canopies shall delineate pedestrian entrances to the structure.
c. Ground-level, low-water native landscaping around the perimeter of the parking garage.
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 approval by the City Council.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 33 properties within 200 feet of the request. To date, the city has received responses of less than 20% in opposition.
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. 3.3-10 (C-4) 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. 3.6 (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>