PRESENTER: Presenter
Applicant: Shannon Mattingly
Owner: Ryan Sweeney
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SUBJECT: Title
SUP24-398 Public hearing and recommendation to City Council to rezone approximately 17 acres out of the Freiheit 2 Subdivision, Block 4, Lots 2, 3, and 4, from R-2 AH (Single Family and Two-Family with Airport Hazard Overlay District) to MU-B AH SUP (High-Intensity Mixed Use with Airport Hazard Overlay District with a Special Use Permit to allow Industrial and Commercial Uses), currently addressed at 622 S Kowald Ln.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case No: SUP24-398
Applicant:
Shannon Mattingly
(830) 643-9453 | smattingly@drennergroup.com
Owner:
Ryan Sweeney
(281) 216-5717 | ryan.sweeney@bcscapitalgroup.com
Staff Contact:
Amanda Mushinski, CNU-A
(830) 221-4056 | amushinski@newbraunfels.gov
The subject property is approximately 17 acres in size located on the southwest side of S Kowald Ln, an existing minor collector, approximately ¼ of a mile northwest of the intersection of S Kowald Ln and FM 1101, and approximately 1/3 of a mile southeast of the intersection of S Kowald Ln and IH 35 Access Rd.
The subject property is bordered by zoning districts including C-3 AH, M-1 AH, the Canyon Reserve Planned Development District, and the West Village at Creekside Planned Development District. Adjacent land uses consist of industrial, residential neighborhoods, and vacant land.
The applicant is requesting a change in zoning from R-2 AH (Single Family and Two-Family with Airport Hazard Overlay District) to MU-B AH SUP (High-Intensity Mixed Use with Airport Hazard Overlay District with a Special Use Permit to allow Industrial and Commercial Uses).
ISSUE:
The submitted application is for a zone change that will allow for development under the MU-B zoning district which provides for a mixture of more intense residential, retail, office, and industrial uses enabling people to live, work and shop in a single location. With the proposed rezoning, the applicant is seeking a base zone change with a Special Use Permit (SUP) to allow for various commercial and industrial uses while also removing allowed uses on the subject property, i.e. not allowing certain uses that might be considered undesirable at this location. The applicant has indicated that the intended uses for the development will be industrial park, office and retail. Additionally, the applicant’s proposed SUP includes modified development standards intended to improve compatibility with the surrounding area.
While the applicant’s proposed conditions help mitigate potential impacts and may improve compatibility, the intended development also aligns closely with the allowed uses of M-1A (Light Industrial) and MU-A (Low Intensity Mixed Use) zoning districts. A base zoning change could achieve the applicant’s development goals without requiring the additional regulatory complexity of an SUP. This approach would also provide greater clarity and predictability for the community while supporting the city’s Comprehensive Plan and Strategic Plan objectives.
The applicant’s request would be consistent with the following actions from Envision New Braunfels:
• Action 1.3: Encourage balanced and fiscally responsible land use patterns.
• Action 3.1: Plan for healthy jobs/housing balance
• Action 3.3: Balance commercial centers with stable neighborhoods.
Future Land Use Plan: The subject property is located within the Oak Creek Sub Area, near existing Education and Employment Centers.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☒Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☒Community Well-Being ☐N/A
• Economic Mobility - Objective: 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 - Objective: Support Confluence, the New Braunfels Chamber of Commerce Economic Development Strategic Plan, by helping to ensure a community that supports the targeted industries and increases the diversity of job opportunities in the community.
• Economic Mobility - Output: Increase the number of new affordable housing units produced each fiscal year.
• Community Well-Being - Objective: Develop capital and staffing investments that improve safety, reduce heat islands, and encourage transportation modes that support healthier lifestyles and exercise such as biking, walking and running.
• Community Well-Being - Objective: Support the New Braunfels Youth Collaborative and other organizations to ensure middle and high school aged youth in the community can flourish intellectually, physically, and emotionally.
• Community Well-Being - Outcome: Maintain National Citizen Survey overall satisfaction for “Overall health and wellness opportunities.”
• Community Well-Being - Outcome: Maintain National Citizen Survey overall satisfaction for “Overall feeling of safety.”
• Enhanced Connectivity - Objective: Implement improved local and regional public transportation services to connect the community to employment, education, healthcare, recreational and other destinations.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Staff recommends the consideration of a base zoning change to M-1A (Light Industrial) or MU-A (Low Intensity Mixed Use) as a preferred alternative to the applicant’s request for MU-B with a Special Use Permit (SUP). The applicant’s proposed conditions, which include the removal of certain high-intensity or incompatible uses, enhanced setbacks, and screening requirements, align closely with the permitted uses and adopted standards of the M-1A or MU-A districts. A straight rezoning to a base zoning district would simplify the regulatory process by eliminating the need for an SUP while still achieving the applicant’s development goals.
The M-1A or MU-A zoning districts would provide the expectation of a better balance between industrial/commercial development and surrounding residential areas while maintaining compatibility with the city’s Comprehensive Plan and Strategic Plan. These base zoning districts also offer greater clarity and flexibility for future development, reducing long-term administrative oversight. Staff believes that a base zoning change to M-1A or MU-A would allow for the desired type of development more efficiently and effectively while minimizing regulatory complexity.
The applicant’s proposed SUP includes the following conditions:
1. Prohibited Uses: The following uses will not be allowed within the development:
• Bed and breakfast inn (see section 144-5.6),
• Boardinghouse/lodging house,
• Community home (see definition),
• Dormitory (in which individual rooms are for rental),
• Airport,
• Amphitheater,
• Assembly/exhibition hall or areas.
• Athletic fields,
• Auto muffler shop (see section 144-5.11),
• Bingo facility,
• Broadcast station (with tower) (see section 144-5.6).
• Bus barns or lots,
• Bus passenger stations,
• Car wash (self-service; automated),
• Car wash, full service (detail shop),
• Cemetery and/or mausoleum,
• Country club (private),
• Dance hall/dancing facility (see section 144-5.13),
• Day camp,
• Driving range,
• Golf course (public or private),
• Limousine/taxi service,
• Multifamily (apartments/condominiums),
• Outside storage (as primary use),
• Rodeo grounds.
• RV park,
• Shooting gallery-Indoor (see section 144-5.13).
2. Development Standards: The project will adhere to the following standards to ensure compatibility with the surrounding area:
• Minimum residential setback of 25 ft (existing code requirement is 20 ft) with one of the following required:
i. A landscape buffer and a six-foot tall (minimum) to eight-foot tall (maximum) solid screen residential buffer wall constructed of any of the following materials: brick, stone, cast stone, rock, marble, granite, split-face concrete block, poured-in place concrete, or precast concrete.
ii. The construction of a detention or drainage facility designed and maintained as a landscaped feature. Detention facilities may encroach into the required 25-foot setback but must be at least 50 feet in width, screened, and provide for a landscape buffer.
• Outside Storage (accessory use) is hereby permitted and must be incidental and subordinate to the principal use, located on the same lot as the principal use, and shall be screened from adjoining properties and any public right-of-way. No Outside Storage (accessory use) shall be permitted within 50 feet from an adjacent residential land use.
• Auto facilities shall not have repair facilities or activities maintained or carried on outside of the building. No wrecked, junked, or otherwise unsightly vehicles are permitted to be stored or parked on the premises except while awaiting repair.
• Off-site parking is not permitted.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 33 properties within 200 feet of the request. As of the date this agenda was posted, the city has received no responses.
Resource Links:
• Chapter 144, Sec. 3.3-2 (R-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. 3.4-11 (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. 3.4-10 (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>
• Chapter 144, Sec. 3.4-18 (M-1A) 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 (Special Use Permits) 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>