Presenter/Contact
Presenter
Applicant: James Ingalls, P.E. - Moeller & Associates; Owner: Westpointe Commercial, Ltd. (Mark Wauford)
Contact Info
(830) 358-7127 / plats@ma-tx.com
Subject Header
SUBJECT:
Title
SUP21-036 Public hearing and recommendation to City Council regarding a proposed rezoning to amend an existing Special Use Permit to allow for two-story townhomes on approximately 10 acres located on the west side of Independence Drive, approximately 1,300 feet north of the intersection of Independence Drive and Oak Run Parkway.
Body
BACKGROUND / RATIONALE:
Case No.: SUP21-036
Council District: 5
Applicant: James Ingalls, P.E.
Moeller & Associates
2021 SH 46 W., Ste 105
New Braunfels, TX 78132
(830) 358-7127
plats@ma-tx.com
Owner: Westpointe Commercial, Ltd. (Mark Wauford)
P.O. Box 702348
Dallas, TX 75370
mark.wauford@pcdci.com
Staff Contact: Matthew Simmont, AICP
(830) 221-4058
msimmont@nbtexas.org
The subject property consists of approximately 10 acres located between proposed Mission Hill Park and Westpointe Self-Storage. The site is currently zoned MU-Ar82 with additional restrictions that prohibit certain uses (primarily incompatible commercial). A Special Use Permit was approved on the subject property in January 2017 that added multifamily and assisted living facility/retirement home uses to the list of uses prohibited on the site and restricted the maximum height on this tract to 960 feet above mean sea level (msl). In addition, any townhouse (attached) or duplex/two-family dwelling/duplex condominium development is not permitted to exceed one story.
To preserve the scenic views from Mission Hill Park, a maximum height of 960 feet above msl was set with the approval of the 2017 SUP. Additionally, the base zoning district of MU-A sets a maximum building height of 35 feet for this property. Building height is measured from the finished grade, while the msl elevation will maintain a constant height where backfill of the site is not restricted. Currently, the property generally slopes downward from west to east with a maximum grade elevation of approximately 930 feet above msl along the proposed Mission Hill Park property down to approximately 900 feet above msl along Independence Drive.
The applicant has indicated the intent of the submitted request is to allow for a development that will maintain the maximum height restriction of 960 feet above msl or 35 feet, whichever is more restrictive, while offering the opportunity to develop with two-story residential use.
The SUP process provides an opportunity for site-specific consideration of certain uses or activities that might otherwise be incompatible with adjacent uses or existing land use patterns. SUPs can be approved with conditions to achieve compatibility and protect neighboring properties.
Surrounding Zoning and Land Use:
North - MU-A/ Westpointe Self-Storage
South - MU-A/ Proposed Mission Hill Park and Elan Westpointe (Senior Living)
East - Across Independence Dr., C-1B / Westpointe Village Shopping Center
West - MU-A/ Proposed Mission Hill Park
Determination Factors:
In making a decision on zoning, the following factors are to be considered:
§ Whether the permitted uses will be appropriate in the immediate area, and their relationship to the area and to the City as a whole (The proposed request would allow increased residential variety while maintaining the maximum building height restriction previously approved to protect Mission Hill Park.)
§ Whether the change is in accord with any existing or proposed public schools, streets, water supply, sanitary sewers, and other utilities to the area (NBISD was sent notice of this request. The adequacy of public facilities and utilities to serve the property is evaluated by each provider at the platting and permitting stages.);
§ How other areas designated for similar development will be affected (The proposed zoning change should not impact other areas designated for similar development.);
§ Any other factors that will substantially affect the public health, safety, morals, or general welfare (None identified. Drainage, utility and traffic impact issues will be reviewed and addressed through the platting process.); and
§ Whether the request is consistent with the Comprehensive Plan: see below
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
|
City Plan/Council Priority: Envision New Braunfels Comprehensive Plan Workforce Housing Study |
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. Future Land Use Plan: The property is situated in the Hoffmann Lane Sub-Area (6), near an intersection of two Transitional Mixed-Use Corridors and is within existing Market, Outdoor Recreation, Civic and Education Centers. Ensure through city zoning and other required legal entitlements related to housing construction that new types of housing products (small-lot, duplex, townhome, etc.) are allowed by regulations. Create or adjust city regulations that allow for multi-unit owned/rented mix like two and three-flats where the owners earn rental income. |
FISCAL IMPACT:
N/A
Recommendation
STAFF RECOMMENDATION:
Approval. The proposed amendment to the Type 1 Special Use Permit to allow for the development of two-story townhomes is consistent with mixed-use development in the immediate area and addresses Comprehensive Plan and Workforce Housing Study goals. In addition, maintaining the maximum height restriction of 960 feet above msl will serve to protect the views from Mission Hill Park.
Notification:
Public hearing notices were sent to 7 owners of property within 200 feet. The City has received no responses.
RESOURCE LINKS:
• Chapter 144, Section 3.4-10. “MU-A” Low Intensity Mixed Use 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 (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>
ATTACHMENTS:
1. Aerial Map
2. Land Use Maps (Zoning, Existing Land Use, Future Land Use Plan)
3. Ordinance 2017-15 (SUP proposed to be amended)
4. Traffic Impact Analysis (TIA) Worksheet
5. Notification List, Map and Responses