PRESENTER: Presenter
Applicants: Ayo Phillips, and TJ Grossi of Schumann Consulting
Owner: Deborah and Garry Miller
Body
SUBJECT: Title
SUP25-464 Public hearing and recommendation to City Council requested by Ayo Phillips, and TJ Grossi of Schumann Consulting, on behalf of Deborah and Garry Miller, of approximately 4 acres out of the A M Eznaurizar Survey, Abstract 20, from APD AH (Agricultural/Pre-Development District, Airport Hazard Overlay) to APD AH SUP (Agricultural/Pre-Development District, Airport Hazard Overlay with a Special Use Permit to allow an Assisted Living Facility), currently addressed at 695 Saengerhalle Road.
Header
DEPARTMENT: Neighborhood and Community Planning
Body
COUNCIL DISTRICTS IMPACTED: 2
BACKGROUND INFORMATION:
Case No: SUP25-464
Applicant:
Ayo Phillips
ayo@richseallc.com
Applicant:
TJ Grossi
(708) 203-6660 | tj@schumannconsulting.org
Owner:
Deborah & Garry Miller
(830) 534-3290 | glmiller1948@gmail.com & dgmiller13@yahoo.com
Staff Contact:
Amanda Mushinski, AICP, CNU-A
(830) 221-4056 | amushinski@newbraunfels.gov
The subject tract is approximately 4 acres in size, located on the northwest corner of the intersection of Saengerhalle Road and Kolbe Trail, and approximately ¾ of a mile southwest of the New Braunfels Airport. It is bordered by APD AH and R-1A-6.6 AH zoning. Adjacent land uses consist of primarily residential properties.
ISSUE:
The applicant requests a Special Use Permit to allow an assisted living facility on approximately 4 acres currently zoned APD AH (Agricultural/Pre-Development District, Airport Hazard Overlay). The purpose of the APD district is to accommodate low-intensity agricultural and rural uses while allowing for orderly development as urban services become available. Assisted living facilities are not an allowed use within the APD zoning district. The applicant is requesting that this additional use be allowed on the subject property that they feel is well suited for the development of a single-family scale assisted living facility that is within a residential neighborhood.
Assisted living facilities provide housing and supportive services for individuals who require varying levels of daily assistance while maintaining a residential living environment. These facilities can function at a scale and intensity that differs from traditional multifamily development, with an emphasis on on-site care, limited resident turnover, and managed operations. When located and designed appropriately, assisted living facilities can serve as a transitional residential use that addresses community housing needs while remaining compatible with surrounding residential and low-intensity development patterns.
Traffic Impact Analysis (TIA): Per adopted ordinance, if a TIA is required, it will be conducted at the Subdivision Platting and/or Building Permit stage, as applicable.
Drainage: Per adopted ordinance, if a drainage study is required, it will be conducted with the Public Infrastructure Construction Plan approval process and/or Building Permit stage, as applicable.
COMPREHENSIVE PLAN REFERENCE:
The request would be consistent with the following actions in 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 2.1: Sustain community livability for all ages and economic backgrounds.
• Action 3.1: Plan for healthy jobs/housing balance.
• Action 3.3: Balance commercial centers with stable neighborhoods.
• Action 3.6: Pro actively provide a regulatory framework that remains business and resident friendly.
Future Land Use Plan: The subject property is located within the Oak Creek Sub Area and near an existing Civic Center.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☒Enhanced Connectivity ☒Community Identity
☐Organizational Excellence ☐Community Well-Being ☐N/A
• 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 - 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.
• 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.
FISCAL IMPACT:
The Land Use Fiscal Analysis (LUFA) recommended action is to 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 property owners. An increase in development opportunities from rezoning will allow net positive revenue per acre.
Recommendation
RECOMMENDATION:
The requested rezoning to add an SUP would allow an assisted living facility within the APD AH District through a discretionary review process that allows for site-specific evaluation and the ability to impose conditions, as appropriate. The request supports the intent of the APD district by accommodating a managed residential use while maintaining flexibility for orderly development as urban services become available.
The proposed use is consistent with applicable actions of Envision New Braunfels, including those related to balanced land use patterns, community livability for all ages, and a healthy job-housing balance. Approval of the Special Use Permit allows the City to evaluate the development in a manner that ensures compatibility with surrounding development while requiring compliance with all applicable development standards at subsequent stages of review.
Staff recommends approval with the following condition:
• Development of the site shall comply with all applicable Code of Ordinances requirements, including but not limited to buffering, landscaping, access, and site design standards.
While this is required regardless, adding it as a condition would serve as a consistent reminder to the property owner as well as the reviewing entities that there are no additional code deviations.
Code of Ordinances Sec. 144-2.1 Changes and Zoning Amendments:
(b) Considerations for approving or denying a zoning change. In making a determination regarding a requested zoning change, the planning commission and the city council shall consider the following factors:
(1) Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned, and their relationship to the general area and to the city as a whole;
(2) Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;
(3) How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved;
(4) Any other factors that will substantially affect the public health, safety, morals, or general welfare; and
(5) Whether the request is consistent with the comprehensive plan.
Mailed notification as required by state statute:
Public hearing notices were sent to 30 owners of property within 200 feet of the request. As of the date this agenda was posted, a supermajority vote of City Council is not required to approve the applicant’s request.
Resource Links:
• Chapter 144, Sec. 144-3.4-1 (APD) 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?nodeld=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.6SPUSPE>