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Applicant: TBA Douglas (Austen Keithly)
Owner: Julie Aniol Turner
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SUBJECT: Title
SUP25-397 Public hearing and recommendation to City Council, at the request of TBA Douglas (Austen Keithly), on behalf of Julie Aniol Turner, to rezone 70.198 acres consisting of Lots 1A and 1B, out of the Resubdivision Plat of Lot One, River Gardens, from R-2 SUP (Single-Family and Two-Family District with a Special Use Permit allowing a facility for disabled persons) to MU-A SUP (Low Intensity Mixed Use District with a Special Use Permit to allow residential and light commercial development with alternative development standards), currently addressed as 740 & 750 Rusk Street.
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DEPARTMENT: Neighborhood and Community Planning
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case Number: SUP25-397
Applicant: Austen Keithly
akeithly@tbastudio.com
Owner: Julie Aniol Turner
jturner.seraphim@gmail.com
Staff Contact: Mary Lovell
(830) 221-4051 | mlovell@newbraunfels.gov
The subject property is centrally located along Rusk Street and is approximately one mile northwest of Interstate 35. It is currently zoned R-2 SUP, approved in 1977 for an intermediate care facility for individuals with intellectual disabilities.
There are a mix of surrounding zoning districts, the result of rezonings over the years that have accommodated the current mix of uses in this area:
• R-2 (Single-Family and Two-Family District) to the east and west with residences - some on large lots and some on small lots;
• Broadway Estates PD (allows single-family residential on minimum 5,000 square foot lots) to the east (requested before the City had the R-5 District);
• R-3 (Multifamily District) to the southeast which allows apartments but is currently occupied with single-family houses and agricultural and vacant land; and
• M-2 (Heavy Industrial District) to the south with some vacant tracts and agriculture use.
The Guadalupe River abuts the tract on the north. Approximately 500 feet to the south is a 28-acre property that was rezoned to MU-B (High Intensity Mixed Use District) in 2022 for the redevelopment of the old River Mill.
ISSUE:
The applicant is requesting to rezone the property to MU-A SUP to allow a low-intensity mixed-use development that blends housing, small-scale retail, special needs services, and employment/education components within a thoughtful, neighborhood-scale development. The applicant states the proposed development will adhere to New Braunfels’ goals of housing diversity in a walkable setting that balances infill with preservation of the surrounding community character and the natural beauty of riparian environments.
As part of the SUP overlay, the applicant proposes removing the allowances for uses typically allowed in MU-A that would be incompatible with nearby homes, such as auto-related uses, drive-through restaurants, heavy commercial operations, and pawn shops, among other intense uses. The requested uses include private community-oriented facilities, offices, housing, and neighborhood-serving retail. Collectively, these changes substantially narrow the commercial intensity and ensure the project better aligns with the character of adjacent neighborhoods.
As part of the SUP overlay request, the applicant is proposing two alternative development standards:
1) a taller maximum building height, and
2) additional commercial and industrial uses limited to the ground floor of residential buildings and capped at 35% of the total development area. (Please note, there are no industrial uses proposed with this application).
Additionally, the applicant is requesting to add two uses allowed in MU-B: a billiard facility and a private club.
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.
Flood Area & Drainage: Approximately fifty percent of the property lies within flood risk areas, and any development in the floodplain must comply with minimum flood protection standards. 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.
Utilities: As part of the routine intake review process, the water provider for the subject site, NBU (New Braunfels Utilities), reviewed the proposed zoning change request and has responded with no comments.
COMPREHENSIVE PLAN REFERENCE:
MU-A at this location is 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 1.11: Update policies and codes to achieve development patterns that implement the goals of this plan.
• Action 2.33: Encourage vertical growth and development of key areas to take advantage of infrastructure capacity, maintain the core, and discourage sprawl.
• Action 3.1: Plan for a 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 3.19: Improve walkability across town to attract younger generations seeking pedestrian connections.
• 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.
• Action 7.13: Increase the number of accessible public spaces of all sizes.
Future Land Use Plan: The subject property is located within the New Braunfels Sub Area, near Existing Tourist and Market Centers.
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.
• Economic Mobility: Develop a cohesive framework for economic development incentives that encourage a built environment that results in enhanced walkability, mixed housing types, and the co-location of commercial and residential uses.
• Community Well-Being: Look for opportunities to connect the community by mitigating highways, waterways and other transportation facilities that create barriers to community connectivity.
FISCAL IMPACT:
The proposed rezoning request is in alignment with the following recommendations and strategies of the Land Use Fiscal Analysis (LUFA):
• Provide a mix of uses and building types, heights, and sizes in a more walkable context to produce more value and fiscal productivity.
• Prioritize infill projects that add people and buildings in areas with existing infrastructure. This will increase revenue to provide service delivery without significant impacts on infrastructure costs and distribute cost burdens across more home/business owners.
• Consider the benefits of minimum heights rather than traditional maximum heights to decrease the overall commercial footprint, preserving additional space for development or greenspace, achieving the same value on a smaller footprint, and which would contribute to a higher quality of life with enhanced walkability, the ability to age in place, freedom for children to roam, less time stuck in traffic, housing options for different stages of life, and local economic opportunity.
RECOMMENDATION:
The applicant’s request for a rezoning to the MU-A district would allow for a planned low-density mixed-use development that aligns with Envision New Braunfels, the Strategic Plan, and the LUFA. Staff supports the proposed rezoning as it would allow for a development that provides housing options, encourages reinvestment and appropriate infill in an existing urbanized area that would help alleviate a current physical barrier to connectivity, and supports the fiscal sustainability of the city by making use of existing infrastructure, while preserving the natural areas along the Guadalupe River.
Staff recommends approval with the following conditions and allowances:
1. Uses listed in Exhibit “A” shall not be allowed on the property.
2. Along any subject property line abutting the property line of any 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.
3. An 8-foot tall masonry buffer wall is required along the subject property line abutting the property line of any residential use or zoning district, with the option to apply for a residential buffer wall objection letter application.
4. Height: Maximum building height shall be 60 feet with the following requirements:
a) Building setback shall be at least 20 feet from any non-residential zoning district.
b) Building setbacks from any residential use or zoning district shall be at least 20 feet for any structure up to 35 feet in height.
c) Building setbacks from any residential use or zoning district shall be at least 30 feet for any structure from 35 feet up to 45 feet in height.
d) Building setback from any residential use or zoning district shall be at least 40 feet for any structure from 45 feet up to 60 feet in height.
5. Service areas shall be oriented inward toward the site rather than toward existing residential zoning or uses.
6. The development shall provide direct and continuous accessible pedestrian connections between all residential areas and neighborhood-scale retail and service uses within the project, and up to the property lines and/or perimeter sidewalks. Such connections shall be designed to promote walkability, reduce vehicle trips, and provide safe and accessible routes for all users.
7. The minimum distance between structures shall follow the minimums required by the currently adopted International Building Code (IBC) and International Residential Code (IRC) building code. This allows for a cluster-style development while maintaining open space within the property.
8. A no-disturbance buffer of 50 feet shall be maintained along the river shoreline. No clearing, grading, construction, vegetation removal, or installation of structures or hardscape is permitted within this buffer, except for minimal hand-clearing needed for public safety or invasive species removal. Existing native vegetation within this area must remain intact.
9. 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 51 properties within 200 feet of the request. To date, no responses have been received.
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. 3.4-10 (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. 3.6 (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>