PRESENTER: Presenter
Applicant/Owner: Dan Norville, Vivo Investment Group
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SUBJECT: Title
SUP21-318 Public hearing and recommendation to the City Council regarding a proposed rezoning to apply a Special Use Permit to allow 75 dwelling units where lot area allows a maximum of 64, through the conversion of existing hotel guestrooms into studio apartments in the “C-3 AH” Commercial District Airport Hazard Overlay, on Lots 3C and 3D, JM Subdivision, addressed at 1533 IH-35 North.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: Council District 5
BACKGROUND INFORMATION:
Case No.: SUP21-318
Applicant/
Owner: Dan Norville
Vivo Investment Group
841 Apollo Street
El Segundo, CA 90245
(310) 699-2983 dan@vivoinvestmentgroup.com
Agent: Jeffrey Harlan
Ervin Cohen & Jessup, LLP
9401 Wilshire Blvd.
Hollywood, CA 90212
(949) 335-2904 jharlan@ecjlaw.com
Staff Contact: Holly Mullins
(830) 221-4054 hmullins@nbtexas.org
The subject property consists of two platted lots with frontage on both IH-35 and Business 35. It is the site of a former Quality Inn hotel. The applicant proposes to convert the existing hotel guestrooms into studio/efficiency apartments for long-term occupancy. Multifamily use is permitted by right in the C-3 Commercial District.
The property is located within the Conical Zone of the Airport Hazard Overlay for building height. This overlay does not impact the existing structure or proposed redevelopment.
Surrounding Zoning and Land Use:
North - C-3/ Medical office
South - C-3/ Distribution warehouse
East - Across IH-35, R-2/ Comal High School
West - Across Bus. 35. C-3/ Mini warehouse storage, electrical contractor
ISSUE:
Multifamily use is an allowed use in the C-3 Commercial District; however, the maximum number of dwelling units allowed on a property is determined by the size of the lot. Development standards require a minimum of 15,000 square feet for the first 10 units, and an additional 1,500 square feet per dwelling unit thereafter.
The subject property consists of two lots totaling 2.2 acres (95,875 square feet), which allows a maximum of 64 dwelling units pursuant the C-3 standards.
The hotel building has 75 guestrooms proposed to become 75 studio/efficiency dwelling units. There are no maximum number of guest rooms associated with a hotel based on lot size, but the same number of rooms as studio/efficiency units exceed the maximum number of dwelling units allowed per the C-3 zoning by 11 units. The applicant is requesting this Type 2 Special Use Permit (SUP) to allow a total of 75 dwelling units on 2.2 acres. In calculating the maximum number of dwelling units allowed, the ordinance does not specify or limit the number of bedrooms per unit, so the subject property could potentially accommodate 64 two-, three- or four-bedroom dwelling units. For comparison, a 64-unit complex with equal mix of 1, 2 and 3 bedrooms would provide 128 total bedrooms. If this were to be proposed, a total of 128 parking spaces would be required for that number of bedrooms, which would reduce the amount of amenity space. The proposed development will contain 75 bedrooms that requires 83 parking spaces (1.1 per studio unit) and will provide an amenity area.
The site plan indicates the off-street parking requirement will be accommodated on Lot 3C with the existing structure. Lot 3D is proposed for resident amenities including lounge areas, barbeques, a community garden, bocce court and a dog park. This request was submitted as a Type 2 SUP and the site plan will be adopted with the ordinance if the special use permit is approved. Any substantial changes to the site plan will require amendment of the SUP.
As part of the implementation of the Envision New Braunfels Comprehensive Plan, staff is currently analyzing minimum lot size requirements for multifamily development should City Council wish to consider possible code revisions if it is uncovered that there may be more appropriate and equitable ways to determine minimum lot size for multifamily development.
The request is consistent with the following actions from Envision New Braunfels:
o Action 1.6: Incentivize infill development and redevelopment to take advantage of existing infrastructure.
o Action 1.11: Update policies and codes to achieve development patterns that implement the goals of this plan.
o Action 2.1: Sustain community livability for all ages and economic backgrounds.
o 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.
o Action 3.16: Review and revise regulations that inadvertently inhibit creative housing options or workforce housing alternatives.
o Action 3.30: Encourage and incentivize workforce/affordable housing to attract new workforce entrants and young families.
o 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.
o Future Land Use: The property is located within the Oak Creek Sub-Area and along a transitional mixed use corridor. It is in close proximity to existing and future market centers, and several education centers.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Staff recommends approval of the Special Use Permit. The proposed development meets several action items from Envision New Braunfels and is a creative re-use of an existing underutilized building.
Mailed notification pursuant to State statute:
Public hearing notices were sent to 6 owners of property within 200 feet of the request. To date, the City has received no responses.
Resource Links:
• Chapter 144, Sec. 3.3-9 (C-3) of the City’s Code of Ordinances:
https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_C
H144ZO_ARTIIIZODI_S144-3.3ZODIREPRZOPRJU221987
• 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_C
H144ZO_ARTIIIZODI_S144-3.6SPUSPE
Attachments:
1. Aerial Map
2. Request Letter
3. Land Use Maps (Zoning, Existing, Future Land Use)
4. TIA Worksheet
5. Notification Map
6. Photograph