PRESENTER: Presenter
Matt Greene, Principal Planner
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SUBJECT: Title
Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 35 acres consisting of Lot 1, Block 1 of the FM 1102 35-Acre Tract Subdivision, from R-1A-6.6 AH (Single-Family District with Airport Hazard Overlay) and M-1A AH (Light Industrial District with Airport Hazard Overlay) to R-3L AH SUP (Multifamily Low Density District with Airport Hazard Overlay and a Type 1 Special Use Permit to allow multiple single-family dwelling units with alternate design standards), currently bounded by Hunter Road to the north and FM 1102 to the south, and situated at the intersection of Hunter Road and Rolling Field.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 4
BACKGROUND INFORMATION:
Case Number: SUP25-103
Applicant: Shannon Mattingly, smattingly@drennergroup.com
Owner: George W. House, smattingly@drennergroup.com
Staff Contact: Mary Lovell, (830) 221-4051 | mlovell@newbraunfels.gov
The subject property is approximately 35 acres and bounded by Hunter Road to the north and FM 1102 to the south at the intersection of Hunter Road and Rolling Field. The applicant states that the purpose of proposing the alternative design standards is to build multiple detached residential dwelling units on one lot that are for sale within a condominium arrangement. Detached condominiums are single-family homes, but the yards, streets, as well as any recreational facilities, such as a pool, are jointly owned and maintained by a community association.
Surrounding zoning includes ZH-A (Zero Lot Line Home District) to the north, R-1A 6.6 (Single-Family District), APD (Agricultural/Pre-Development District), and M-1A (Light Industrial District) to the west; MU-B (High Intensity Mixed Use District) to the south. Property to the east is located outside the city limits. Surrounding land uses include residential, commercial, and vacant land.
ISSUE:
The applicant requests to rezone the property to R-3L (Multifamily Low-Density District) with a Type 1 Special Use Permit and proposes the following alternative design standards:
1) reducing the distance requirement between buildings,
2) removing the lot coverage requirement,
3) reducing the density from 12 units per acre to 8 units per acre,
4) reducing the maximum height from 35 feet to 30 feet, and
5) the removal of all other allowed uses listed under the R-3L District except for multifamily/condominiums.
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.
Utilities: As part of the routine intake review process, the water provider for the subject site, NBU (New Braunfels Utilities), has reviewed the proposed zoning change request and states that further evaluation is needed to determine if there will be adequate water service to the project. This is accomplished through the submission of an application for a letter of certification (LOC) for the proposed multifamily/condominium project. The LOC application that was previously submitted with the minor plat related to the development of the property for light industrial or commercial use. NBU has indicated there is insufficient information at this time to determine whether there is adequate services available for the applicant’s proposed development.
COMPREHENSIVE PLAN REFERENCE:
The request would be consistent with the following actions from Envision New Braunfels:
• 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.
The proposed request is not consistent with the following:
• Action 1.6: Incentivize infill development and redevelopment to take advantage of existing infrastructure. (Additional infrastructure may be required to support the proposed use.)
Future Land Use Plan: The subject property is located within the Oak Creek Sub Area, near an Existing Tourist Center and Market 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 (LUFA):
• 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.
However, it is not in alignment with the following LUFA fiscal strategies
• Align development policy to support fiscal health and affordability: taller buildings decrease overall building footprints while potentially increasing habitable area and preserve additional space for more development. (The applicant is proposing a condition to reduce the maximum height allowed.)
• 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. (Aforementioned utility provider’s notes regarding adequate infrastructure.)
Recommendation
RECOMMENDATION:
If the applicant’s rezoning request is approved, in addition to the applicant’s proposed conditions staff recommends these additional conditions and allowances listed below.
1. An approved LOC is required from NBU for the proposed multifamily/condominium development.
2. One 1.5-inch caliper tree shall be planted for every 40 feet of street frontage along Hunter Road and FM 1102.
3. One 1.5-inch caliper tree shall be planted for every dwelling unit. The location of each tree shall be planted no more than 30 feet from its respective dwelling unit. All trees shall be selected from the City’s approved plant list.
4. The minimum distance between structures shall follow the minimums required by the currently adopted International Building Code (IBC) and International Residential Code (IRC) as applicable.
5. Lot coverage requirements shall not be applicable.
6. 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.
The Planning Commission held a public hearing on May 6, 2025, and recommended denial (6-1-0)
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 27 properties within 200 feet of the request, and from responses received by the City to date, opposition represent 8% of the property within 200 feet.
Resource Links:
• Chapter 144, Sec. 3.4-2 (R-1A 6.6) 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. 3.4-18 (M-1A) 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. 3.4-4 (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>
• Chapter 144, Sec. 5.20 (AH) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTVDEST_S144-5.20AIHAZODI>