m - City of New Braunfels

,., , City of
~ii.i New Braunfels
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City Council Agenda Item Report
NOVEMBI:R 8, 2010
Agenda Item No. ~G·
Presenter I Contact- Shannon Mattingly, Planning Director
(830) 221-4055 - smattingly@nbtexas.org
SUBJECT:
Public hearing and first reading of an ordinance granting a Special Use
Permit for 7.602 acres out of the A.M. Esnaurizar Survey, located on SH 46
South, adjacent to Stone Gate Subdivision, to allow a maximum density of
16 units per acre in an "R-3L" Multifamily Low Density District.
APPLICANT/OWNER:
Brass Real Estate Growth Fund IV, LP
10010 San Pedro, Suite 450
San Antonio, TX 78216
)
8ACKGROUND/RA TIONALE:
In 2002, the project site (1 0 acres) was rezoned to R-3L and a Special Use Permit was
approved to allow up to 18 dwelling units per acre. The verbiage in the 2002 ordinance
stated "should said use cease to be, for a period of twelve months, the property shall
revert to existing zoning of R-3L". No activity has takl3n place for eight years, therefore
the SUP is considered void.
The applicant reapplied for the same Special Use Permit in July of last year and the
Planning Commission recommended approval. More than 20% of the notified area was
in opposition of the SUP request; therefore, a super-majority vote was required at City
Council. Council passed the first reading of the ordinance on August 24, 2009 but the
application did not pass at the second reading.
The applicant is now requesting a Special Use Permit on 7.602 acres of the 10 acre
tract to allow up to 16 dwelling units per acre. The remaining 2.398 acres of the 10
acre tract will be developed within the current restrictions of the R-3L density limitations,
12 units an acre.
The proposed project site plan consists of 6 multifamily residential buildings. Buildings
5 and 6 are not part of the SUP but are on the site plan and will comply with the density
restrictions of the R-3L district, 12 dwelling units per acre. The 7.602 acres considered
under the current application consists of buildings 1-4, which will exceed 12 units an
acre. The applicant is requesting to be allowed a maximum density of up to 16 dwelling
units per acre. The SUP application has been submitted as a Type II, which includes
adoption of the site plan.
A Special Use Permit may be granted to allow compatible and orderly development
which may be suitable only if developed in a specific way or only for a limited period of
time. The request should be evaluated on the extent to which the proposed use:
• is consistent with policies of the Comprehensive Plan;
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