PRESENTER: Presenter
Jean Drew, AICP, CNU-A, Planning & Development Services Assistant Director
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SUBJECT: Title
Public hearing and first reading of an ordinance regarding the proposed rezoning to apply a Special Use Permit to allow the expansion of an existing apartment complex to 185 dwelling units where the lot area currently allows a maximum of 150, through the construction of an additional building consisting of studio and one-bedroom apartments, in the “C-3” Commercial District, on approximately 5.2 acres consisting of Lot 1, Block 1 of the Vivo Subdivision, addressed at 1051 IH 35 North.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case No.: SUP22-467
Applicant/Owner: Dan Norville
Vivo Investment Group
2381 Rosecrans Ave, Suite 330
El Segundo, CA 90245
310-999-7729 | dan@vivoinvestmentgroup.com
Staff Contact: Amanda Mushinski
(830) 221-4056 | amushinski@newbraunfels.gov
The subject property is approximately 5.2-acres and is located on the northwest side of IH-35 N, approximately 360 feet southwest of the intersection of State Highway 46 and IH 35 and approximately 420 feet southeast of Business 35. The subject property is zoned “C-3” Commercial District, which allows multifamily residential uses by right.
The applicant is requesting a Type 2 Special Use Permit (SUP) to allow the construction of 46 additional dwelling units in an existing apartment complex. The existing apartment complex was created by converting an older motel complex, currently comprising 139 dwelling units. The existing C-3 base zoning district allows a maximum of 1 unit per 1500 square feet of lot area, or approximately 150 dwelling units for the subject property in its current configuration, thus necessitating the SUP to allow the additional units.
Surrounding Zoning and Land Use:
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North |
C-3 |
Multiple commercial properties |
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South |
Across IH 35 N. Access: C-3 |
Bank and retail stores |
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East |
Across IH 35 N. Access: C-3 |
Multiple commercial properties |
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West |
C-3 |
Hotel and restaurants |
ISSUE:
The site is currently in operation as the Vivo Living multi-family complex. As the development exists today, the Vivo Living complex utilizes approximately 4.27 acres of the overall 5.18-acre tract. The proposed development on the remaining 0.91 acres is planned to consist of a 23,700 square foot, three-story multifamily structure addition. The existing Vivo Living complex consists of 139 units and with the addition of 46 units from the proposed development the total would be 185 units. The proposed units will contain 30 one-bedroom units and 29 studio units.
The applicant is proposing the following development standards for the site:
• Minimum studio dwelling unit size: 450 square feet
• Maximum 1 bedroom dwelling unit size: 600 square feet
To help ensure quality development, the applicant has worked with staff to design the project to preserve the two existing heritage oak trees (43” and 38” diameter) and is increasing the minimum caliper size of the required landscape trees from 1.5” to 3”.
This request was submitted as a Type 2 SUP and the site plan will be adopted with the ordinance if the special use permit is approved. Any substantial changes to the site plan will require amendment of the SUP through the rezoning process.
The proposed SUP would meet all Zoning Ordinance requirements, and 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 2.1: Sustain community livability for all ages and economic backgrounds.
• 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.
Future Land Use: The property is situated within the New Braunfels Sub-Area, within a transitional mixed-use corridor (IH-35), and is near multiple Education Centers, Market Centers, and an Employment Center.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Approval, with the additional development standards proposed by the applicant. The proposal is compatible with the development occurring in the immediate area - activity along the Interstate Highway and follows the Future Land Use Plan for New Braunfels.
Staff’s recommendation includes the following conditions:
1. The existing 38” and 43” Live Oak heritage trees and the 9.5” Anacua protected tree must be preserved as indicated on the Tree Preservation Plan.
2. Landscaping shall be developed in compliance with the Landscape Plan in addition to meeting minimum code requirements.
3. Development of the site shall be in substantial compliance with the Site Plan.
The Planning Commission held a public hearing on April 4, 2023, and unanimously recommended approval (9-0-0).
Mailed notification pursuant to state statute:
Public hearing notices were sent to 13 owners of property within 200 feet of the request. To date, the city has received responses representing 10% in opposition.
Resource Links:
• Chapter 144, Sec. 3.3-2 (C-3) 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. 3.6 (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>