PRESENTER: Presenter
Christopher J. Looney, AICP, Planning and Development Services Director
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SUBJECT: Title
Public hearing and first reading of an ordinance regarding a proposed rezoning of approximately 0.5 of an acre to apply a Special Use Permit to allow 4 dwelling units where the zoning district allows a maximum of 2, in the “R-2 AH” Single-Family and Two-Family Airport Hazard Overlay District, on Lot 1 Baystone Subdivision, addressed at 222 Alves Lane.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case #: SUP21-424
Applicant: Craftmark Homes
Wayne Wall
491 Timber Hollow
New Braunfels, TX 78132
(830) 837-3917 | craftmark66@gmail.com
Owner: John Holler
6149 Holler Haven
Bulverde, TX 78163
Jholler44@gmail.com
Staff Contact: Maddison O’Kelley
(830) 221-4056 | mokelley@nbtexas.org
The subject half-acre property is located on the east side of Alves Lane approximately 250 feet south of Mellow Breeze, an entry road into the Whisperwind Subdivision. The applicant is requesting a Type 1 Special Use Permit (SUP) to allow replacement of the existing 1960 duplex with four dwelling units with development standards to ensure a townhouse style and appearance. The SUP is necessary because the “R-2” base zoning district only allows for single-family or two-family development; and while the area of the lot (21,700 s.f.) is sufficient to create two duplex lots (8,000 s.f. each) the width of the existing lot is too narrow to subdivide into two lots.
The property is located within the Outer Precision Approach Zone of the Airport Hazard Overlay for building height. This overlay does not impact the proposed development.
Surrounding Zoning and Land Use:
North - Across Alves Lane, R-1 / Northview Subdivision, single-family residences
South - R-2 / Undeveloped
East - R-2 / Undeveloped
West - R-2 / Single-family residence
ISSUE:
The Zoning Ordinance defines
“a building or portion thereof, arranged, intended, or designed for occupancy by three or more families, being separate quarters and living independently of each other, or three or more dwelling units on a single lot or parcel, whether attached or detached”
as multifamily, regardless of building type or site design. This is an outdated definition that triggers multifamily design and building standards, even if small in scale or number. It treats triplexes, quadplexes, townhomes, etc. like suburban style apartments, even though they are not. This is another example of the obstacles to innovative development and missing middle housing in our current zoning ordinance.
Therefore, the applicant is requesting the SUP with development standards consistent in townhome neighborhoods to construct the dwellings in a townhouse style building that will conform to residential building construction, rather than multifamily. Due to the small-scale residential nature of the proposal, the applicant is requesting to allow the four-plex to deviate from standards that are required in the zoning ordinance for multifamily, including:
• To not construct a 6-8-foot tall masonry wall along the common property line shared with adjacent residential property;
• To construct off-street parking to the standards of typical residential driveways instead of a parking lot;
• To not install required landscaping for shading and buffering parking areas;
• And to not require residential setbacks wherein the overall height of the building determines the setback from adjacent residential property.
Recent recognition of the importance of allowing “missing middle” types of housing resulted in the Workforce Housing Advisory Committee recommending revisions to the zoning ordinance to remove obstacles to innovative development. These revisions included the masonry wall requirement and the residential setback from being applied to smaller scale missing middle housing types such as this project.
While staff is supportive of missing middle housing, the prospect of additional residential driveways onto Alves Lane, a Minor Arterial, is problematic. Driveways that require backing maneuvers into the roadway are not allowed on minor arterials; this restriction reduces conflicts that lead to collisions, and improves traffic flow. Additionally, minimal landscaping for an uncovered parking area would provide a public benefit and would provide additional buffering.
The proposed SUP for low density residential use is 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 3.30: 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 investment in workforce housing more feasible for private and nonprofit developers.
The property is located within the Oak Creek Sub-Area and along a transitional mixed-use corridor. It is in close proximity to an existing employment center and several future employment centers.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Approval with the following conditions:
1. Development of the site is to be in compliance with the attached development standards.
2. Typical residential driveway access onto Alves Lane is not allowed.
3. Landscaping of all uncovered parking areas shall be in accordance with the requirements outlined in the attached development standards.
4. Any significant alterations to the attached documents will require an amendment to the SUP with a recommendation from the Planning Commission and approval by the City Council.
The applicant’s proposal with, their proposed development standards, is compatible with ongoing low density residential development in the area and is supported by Envision New Braunfels and the Workforce Housing Study.
The Planning Commission held a public hearing on January 4, 2022 and unanimously recommended approval of the request with staff’s recommended conditions. (8-0-0 with Commissioner Tubb absent)
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 14 properties within 200 feet of the request. The City has received no responses from owners of property within the notification area.
Resource Links:
• Chapter 144, Section 3.3-2. “R-2” Single-Family and Two-Family District 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, Section 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>