PRESENTER: Presenter
Christopher J. Looney, AICP, Planning & Development Services Director
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SUBJECT: Title
Approval of the second and final reading of an ordinance regarding a proposed rezoning of approximately 27.4 acres, addressed at 2725, 2753 and 2793 Goodwin Lane, from “M-1A” Light Industrial District and “APD” Agricultural/Pre-Development District to “C-1A” Neighborhood Business District with a Special Use Permit to allow the development of multiple dwelling units in a townhouse style configuration.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 4
BACKGROUND INFORMATION:
Case #: SUP21-383
Applicant: Keystone National Group, Inc.
Josh Neill
60 E South Temple, Suite 2100
Salt Lake City, UT 84111
(925) 480-6050 jneill@keystonenational.net
Owners: Mary Ann & Larry Lehmann LaVaine & Barbara Kester
1221 Pieper Road 2753 Goodwin Lane
New Braunfels, TX 78130 New Braunfels, TX 78130
(830) 606-0740 (210) 865-5520
lwlehmann@yahoo.com lakester@att.net
Staff Contact: Matthew Simmont
(830) 221-4058 msimmont@nbtexas.org
City Council held a public hearing on January 10, 2022 and unanimously approved the first reading of the requested rezoning ordinance with a Special Use Permit with recommended conditions. (7-0)
The 27.4-acre subject property consists of three contiguous tracts situated northwest of the intersection of Goodwin Lane and Aspen Waters. Two of the tracts are currently improved with one single-family residence each. The applicant is requesting a rezoning to “C-1A SUP” to allow development of multiple townhouse style residential dwelling units, with a site plan and development standards similar to those of the “R-3L” Multifamily Low Density District.
The property is located within the Outer Precision Approach Zone of the Airport Hazard Overlay for building height. This overlay does not impact the proposed development.
Surrounding Zoning and Land Use:
North - M-1A with SUP for mobile home park / Mobile home park under construction
South - Across Goodwin Lane, ZH-A / Creekside Farms Subdivision under construction
East - APD / Single-family residences and undeveloped
West - M-1A / Undeveloped
ISSUE:
The applicant’s proposed development would include several clustered residential dwelling units (maximum of 10 units per building) at a maximum density of 12 units per acre on a single large lot. This style of single-family residential is an innovative housing trend, however New Braunfels’ Zoning Ordinance does not currently have an appropriate term or category for it. Therefore, the applicants are requesting a Type 2 SUP with a site plan and customized development standards to control the form and layout to establish an overall townhouse residential neighborhood.
The current Zoning Ordinance defines townhouse as “a single-family dwelling unit on an individual lot which is one of a series of dwelling units having one or two common side walls with the other units in the series”. Rather than on an individual lot, the proposed would be multiple townhouse structures on one large lot; hence the limitation with the current ordinance.
The proposed neighborhood will include open common areas for recreation and amenities to include a club house with pool, 2 dog parks, BBQ picnic areas and a covered trellis. Two points of access are proposed to be located along Goodwin Lane.
A change of the base zoning district to “C-1A” Neighborhood Busines District would allow for a variety of office, business and professional services, and light retail and commercial uses to serve adjacent neighborhoods to be constructed on the property with development and/or redevelopment of the site if the SUP were not utilized.
The request is consistent with the following actions from Envision New Braunfels:
• Action 1.3: Encourage balanced and fiscally responsible land use patterns.
• Action 2.1: Sustain community livability for all ages and economic backgrounds.
• 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 3.16: Review and revise regulations that inadvertently inhibit creative housing options or workforce housing alternatives.
• 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 investment in workforce housing more feasible for private and nonprofit developers.
The property is located within the Oak Creek Sub-Area and is in close proximity to existing and future market centers, and several education centers.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Approval with the conditions outlined below. The proposed C-1A zoning district is appropriate as a transitional district between the existing adjacent M-1A zoning and variety of single-family development in the area. The proposed SUP with a site plan layout for a townhouse style neighborhood is compatible with ongoing low density residential development in the area.
Recommended conditions:
1. An automatic exemption from the residential masonry wall buffer requirement is not granted with this Special Use Permit. The applicant and adjacent property owner(s) must submit the residential Buffer Wall Objection Application for administrative approval if an alternative fence or wall is desired to be constructed adjacent to the residential property line to the northeast.
2. Development of the site is to be in compliance with the attached site plan and development standards. Any significant alterations to the attached documents will require an amendment to the SUP with a recommendation from the Planning Commission and approval by the City Council
The Planning Commission held a public hearing on December 7, 2021 and recommended approval (5-2) with Commissioner Tubb and Vice Chairman Laskowski in opposition and Chairman Edwards & Commissioner Mathis absent.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 9 properties within 200 feet of the request. The City has received no responses from owners of property within the notification area.
Resource Links:
• Chapter 144, Section 3.4-1. “APD” Agricultural/Pre-Development District 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, Section 3.4-12. “C-1A” Neighborhood Business District 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, Section 3.4-18. “M-1A” Light Industrial District 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, Section 3.6 Special Use Permits 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>