PRESENTER: Presenter
Applicant: Killen, Griffin & Farrimond, PLLC
Owner: Julianna Schuneman
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SUBJECT: Title
SUP25-140 Public hearing and recommendation to City Council to rezone approximately 0.6 acres out of the Frank Real Subdivision, Block 1, Lot 2, from R-2 SUP (Single Family and Two-Family District with a Special Use Permit to allow Short Term Rental) to R-3L SUP (Multifamily Low-Density District with a Special Use permit to allow multiple dwelling units with alternative design standards), currently addressed at 846 Ewelling Ln.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 4
BACKGROUND INFORMATION:
Case No: SUP25-140
Applicant:
Killen, Griffin & Farrimond, PLLC
(210) 960-2750 | nuriddin@kgftx.com
Owner:
Julianna Schuneman
Staff Contact:
Amanda Mushinski, CNU-A, AICP-Candidate
(830) 221-4056 | amushinski@newbraunfels.gov
The subject property is approximately 0.6 acres, located on the northeast side of Ewelling Lane, approximately 375 feet southeast of its intersection with Gruene Road. The applicant has indicated that the proposed rezoning is intended to allow for a small-scale multifamily development consistent with “missing middle” housing types. While a final site layout has not been submitted, the applicant has expressed the intent to implement alternative development standards to provide design flexibility given the property’s limited buildable area.
The property is bordered by R-3L SUP, M-1, and R-2 zoning districts. Surrounding land uses include a single-family home, a pet boarding and grooming facility, and vacant land.
ISSUE:
The applicant is requesting relief from and limitations on several base R-3L development standards through the Special Use Permit (SUP), a zoning overlay, to facilitate a low-density multifamily development. They indicate their proposed alternative standards are intended to provide design flexibility due to the site’s limited size and development constraints, while still ensuring compatibility with adjacent residential and commercial uses.
The proposed development aligns with the principles of “missing middle” housing by offering smaller-scale multifamily options that bridge the gap between traditional single-family homes and apartment complex-style living. These housing types often provide more diverse and attainable housing options within established neighborhoods, supporting a broader range of household types and income levels.
Staff has reviewed the proposed request in the context of the surrounding area and applicable City policies. The proposed SUP conditions are intended to mitigate potential impacts on adjacent properties by incorporating transitional buffers, enhanced landscaping, and architectural limitations, while promoting walkability and a cohesive site design.
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.
COMPREHENSIVE PLAN REFERENCE:
The applicant’s request 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 future 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 general 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:
The applicant is requesting the following conditions be included with the SUP to ameliorate any impacts.
1. No more than ten (10) dwelling units shall be permitted on the property.
2. 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.
3. 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.
4. At least 50 percent of the required parking spaces shall be covered or in a garage.
5. Minimum building setbacks - 6 feet abutting a light industrial or commercial use and 10 feet abutting property with a single-family residential use.
6. Buildings shall be limited to no more than three (3) stories.
7. No more than four (4) dwelling units shall be attached or within a single structure.
8. 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.
9. 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.
10. 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.
11. 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).
12. 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.
13. 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.
Staff recommends approval of the rezoning and generally concurs with the proposed conditions. While the Land Use Fiscal Analysis recommends greater heights to increase the community’s fiscal resilience, staff recognizes the limitations on stories as proposed is intended by the applicant to ensure a fit with existing surrounding development. Developers can voluntarily build at heights less than the maximum height allowed in the base zoning district if they so choose.
Mailed notification as required by state statute:
Public hearing notices were sent to 4 owners of property within 200 feet of the request. As of the date this agenda was posted, the city has received responses representing 26% in opposition.
The opposition represents 20% or more of the notification area. Pursuant to state statute, a ¾ majority of the City Council (6 votes) will be required to approve the applicant’s request unless the 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>