PRESENTER: Presenter
Applicant: Killen, Griffin & Farrimond PLLC, James B. Griffin
Owner: Matthew T. Goles
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SUBJECT: Title
SUP23-265 Public hearing and recommendation to City Council to rezone 0.38 acres out of New City Block 4071, Schneider Addition, Lots 7 & 8, from SND-1 (Special Neighborhood District-1) to R-3L SUP (Multifamily Low-Density District with a Special Use Permit for Multifamily), currently addressed at 605 South Santa Clara Avenue.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 1
BACKGROUND INFORMATION:
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Case No: |
SUP23-265 |
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Applicant: |
Killen, Griffin & Farrimond PLLC |
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James B. Griffin |
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10101 Reunion Place, Suite 250 |
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San Antonio, TX 78216 |
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(210) 960-2750 | james@kgftx.com |
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Owner: |
Matthew T. Goles |
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739 Encino Dr |
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New Braunfels, TX 78130 |
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Staff Contact: |
Amanda Mushinski |
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(830) 221-4056 | amushinski@newbraunfels.gov |
The subject property is 0.38 acres (approximately 16,700 square feet) located on the northeast corner of Butcher St and S. Santa Clara Ave, approximately 400 feet northwest of the intersection of Business 35 and S Santa Clara Ave, and approximately ¼ mile northeast of the intersection of S Walnut Ave and Business 35.
The applicant is requesting a change in zoning from SND-1 (Special Neighborhood District-1) to R-3L SUP (Multifamily Low-Density District with a Special Use Permit for Multifamily).
Surrounding Zoning and Land Use:
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Across Butcher St: SND-1 |
Single-Family Residences |
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South |
Across Santa Clara Ave: SND-1 |
Single-Family Residences |
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East |
SND-1 |
Multifamily and Single-Family Residences |
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West |
Across Butcher St: SND-1 |
Single-Family Residences |
ISSUE:
The SUP is necessary because the proposed R-3L base zoning requires a maximum of 12 units per acre or 4 units for the subject property in its current configuration. The R-3L base zoning also requires the setback from adjacent one- or two-family property lines to be at least 20 feet plus one foot for each foot of building height over 20 feet.
The applicant’s submittal indicates the purpose of the change in zoning with the SUP is to allow for the construction of a multifamily development consisting of 8 units with relief from the residential setback requirement. The development of the site must comply with all standard construction requirements for the approved use at the time of construction permit, including drainage plans, TIA, driveway location, and parking and landscaping requirements.
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.
The Special Use Permit would not be consistent with the following actions from Envision New Braunfels:
• Action 2.1: Sustain community livability for all ages and economic backgrounds.
• Action 3.2: Consider multiple factors for guiding community growth, such as our downtown and the natural environment.
• Action 6.1: Coordinate local land use and housing plans with regional transportation investments to ensure the land uses are not inadvertently driving increased congestion without proportionate mitigation and context-sensitive solutions.
Future Land Use Plan: The subject property is located within the New Braunfels Sub Area, within the Transitional Mixed-Use Corridor, near existing Civic, Education, Employment, and Tourist Centers, and proposed Market Centers.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
The subject property is near residential and commercial uses and Business 35. The property is well situated to provide additional missing middle products such as a duplex, triplex, and quadplex. Therefore, staff recommends approval of the base zone change from SND-1 to R-3L. A maximum of 4 units total would be more suitable for the lot size, location, and the nature of the surrounding uses of the property.
However, due to the subject property’s size, the nature of surrounding uses, and the number of proposed dwelling units allowed with the request, staff recommends denial of the Special Use Permit.
The applicant requested a postponement during the August 1, 2023, Planning Commission meeting. The Planning Commission approved postponing the item to the September 6, 2023, Planning Commission Meeting (6-0-0).
Mailed notification as required by state statute:
Public hearing notices were sent to 25 owners of property within 200 feet of the request. To date, the city has received responses representing 27% in opposition.
The opposition represents 20% or more of the notification area. Pursuant to state statute, a ¾ majority of the City Council (6 votes) will be required to approve the applicant’s request unless the opposition changes.
Resource Links:
• Chapter 144, Sec. 3.8 (SND-1) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.8SPDI>
• 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. 3.4-6 (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>