PRESENTER: Presenter
Christopher J. Looney, AICP, Planning and Development Services Director
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SUBJECT: Title
Public hearing and first reading of an ordinance to rezone 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 Ln.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 4
BACKGROUND INFORMATION:
Case No: SUP24-429
Applicant: Killen, Griffin & Farrimond, PLLC, (210) 960-2750, ashley@kgftx.com
Owner: Estate of Annie Real
Staff Contact: Mary Lovell, (830) 221-4051, mlovell@newbraunfels.gov
The subject approximate 5-acre tract is located on the northeast side of Ewelling Lane, approximately 375 feet south of its 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.
Surrounding zoning includes 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:
With their SUP, the applicant is proposing alternative development standards. They are requesting relief from several R-3L development standards and state 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 proposed 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. A walking path and picnic areas shall be installed around the pond for the private use of the property's residents.
3. Minimum four-foot-wide sidewalks shall be constructed along Ewelling Lane and shall be separated from the curb or edge of pavement 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. Minimum building setbacks - 6 feet abutting a light industrial or commercial use and 10 feet abutting property with a single-family residential use.
7. Buildings shall be limited to no more than two (2) stories with a minimum building setback of ten (10) feet from the property line of a single-family residential use and no more than three (3) stories with a minimum building setback of twenty (20) feet from any property line. This condition replaces Sec. 144-3.4-4(b)(1)(vi).
8. No more than four (4) dwelling units shall be attached or within a single structure.
9. Along the side property line of any abutting 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.
10. Eight 2-inch caliper trees shall be planted within a 10-foot-wide landscape strip along the front property line. Trees shall be selected from the City’s approved plant list.
11. One 1.5-inch caliper tree shall be planted for every dwelling unit. The trees shall be located no more than thirty (30) feet from each applicable dwelling unit. Trees shall be selected from the City’s approved plant list.
12. The minimum distance between structures shall follow the minimums required by the currently adopted International Building Code (IBC) and International Residential Code (IRC). 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).
13. A minimum 6 ft. tall to a maximum 8 ft. tall fence shall be required along the perimeter of the property, however, fencing shall not be required where an abutting property is under common ownership. A residential masonry buffer wall per Section 144-5.3-2(h) shall not be required to lend respect to the rural and residential character of the area.
14. Development of the site shall be in compliance with the above-listed conditions and allowances, as well as all codes that are in effect at the time of development, such as drainage, landscaping, tree preservation, and irrigation. Any significant alterations to the approved conditions and allowances outlined here will require an amendment to the SUP with a recommendation from the Planning Commission and consideration by the City Council.
The Planning Commission held a public hearing on February 4, 2025, and recommended approval of the applicant’s request (8-1-0). The applicant presented additional and modified alternative development standards (#2, 7, 8 & 13 above) which staff and the Planning Commission agreed with; they are incorporated into staff’s recommendation.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 6 properties within 200 feet of the request. Opposition represents more than 20% 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>