PRESENTER: Presenter
Killen, Griffin & Farrimond, PLLC
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SUBJECT: Title
SUP24-429 Consideration of a recommendation to City Council on a proposed rezoning of approximately 5 acres, being the Frank Real Subdivision, Block 1, Lot 1 from R-2 (Single-Family and Two-Family District) to R-3L SUP (Multifamily Low-Density District with a Type 1 Special Use Permit to allow multiple dwelling units with alternative design standards), currently addressed at 850 Ewelling Lane
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 4
BACKGROUND INFORMATION:
Case No:
SUP24-429
Applicant: Owner:
Killen, Griffin & Farrimond, PLLC Estate of Annie Real
(210) 960-2750 | ashley@kgftx.com
Staff Contact:
Mary Lovell
(830) 221-4051 | mlovell@newbraunfels.gov
The subject property is approximately 5 acres located on the northeast side of Ewelling Lane, approximately 375 feet south of the intersection with Gruene Road. The applicant states that the proposed rezoning is to allow a small multifamily development, consisting of attached or detached townhomes. The applicant has stated that the exact layout of the multifamily buildings has not yet been determined.
The surrounding zoning districts include R-2 (Single-Family and Two-Family District) to the north, south, and west; C-O (Commercial Office District) to the north, C-1B (General Business District) to the northeast, and M-1 (Light Industrial District) to the south. Surrounding land uses include low-density residential, commercial, and vacant land.
ISSUE:
The applicant is requesting to rezone to the R-3L (Multifamily Low Density District). The applicant is also requesting a Type 1 Special Use Permit and is proposing alternative development standards. The applicant is requesting relief from several R-3L development standards and states that the deviations from the current code will allow them to address the limited buildable area of the subject property.
Staff has reviewed the applicant’s proposal and recommends revised conditions and allowances as listed below. These recommended conditions and allowances will provide the flexibility needed for missing middle housing while preserving a significant amount of the land for open space, resulting in an overall higher quality development while ensuring compatibility with surrounding land uses.
COMPREHENSIVE PLAN REFERENCE:
R-3L 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 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 3.30: 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, within a future 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.
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.
• Promote revised development standards that allow flexibility to cluster small missing middle 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.
Recommendation
RECOMMENDATION:
Staff recommends approval with the following conditions and allowances:
1. No more than twenty-one (21) dwelling units shall be permitted on the property.
2. Each dwelling unit shall be required to have its own enclosed yard.
3. Minimum four-foot-wide sidewalks shall be constructed along Ewelling Lane and shall be separated from the curb by at least 3 feet.
4. Minimum four-foot-wide sidewalks shall be required on the subject property to connect any parking lot(s) and or parking spaces to the dwelling units.
5. At least 50 percent of the required parking spaces shall be covered or in a garage.
6. The side building setback along the property line abutting commercial and/or industrial use shall be a minimum of ten feet. This condition replaces Sec. 144-3.4-4(b)(1)(iii).
7. A residential building setback is only required along any property line abutting a one- or two-family residential use or zoning district. This setback shall be at least 10 feet plus one foot for every two feet of building height over 20 feet. This condition replaces Sec. 144-3.4-4(b)(1)(vi).
8. Along any property line abutting the side property line of a one- or two-family residential use or zoning district, 2-inch caliper trees shall be planted every 20 feet to provide adequate shade and screening. Trees shall be selected from the City’s approved plant list.
9. Eight 2-inch caliper trees shall be planted along a 10-foot wide landscape strip along the front property line of the property. Trees shall be selected from the City’s approved plant list.
10. A 1.5-inch caliper tree shall be planted for every dwelling unit. The location of the trees shall be placed near the respective dwelling units. Trees shall be selected from the City’s approved plant list.
11. The minimum distance between structures shall follow the minimums required by the currently adopted International Commercial Code (ICC) and International Residential Code (IRC) building code. This allows for a cluster-style development while maintaining open space within the property. This condition replaces Section 144-3.4-4(b)(1)(xii).
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 6 properties within 200 feet of the request and to date, one response has been received in opposition. Opposition represents 20% or more of the notification area. Pursuant to state statute, a ¾ majority of City Council (6 votes) will be required to approve the applicant’s request unless that opposition changes.
Resource Links:
• Chapter 144, Sec. 3.3-3 (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. 3.4-4 (R-3L) 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>