PRESENTER: Presenter
Christopher J. Looney, AICP, Planning Director
Applicant: Simms Samonte
Owner: RBHP Texas, LLC
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SUBJECT: Title
Public hearing and first reading of an ordinance, at the request of Simms Samonte, on behalf of RBHP Texas, LLC, to rezone approximately 0.18 of an acre out of City Block 5103, West portion of Lot 23, from R-2 (Single-Family and Two-Family District) to C-O SUP (Commercial Office District with a Special Use Permit to allow Short Term Rental of a residence), currently addressed at 160 East Klingemann Street.
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DEPARTMENT: Neighborhood and Community Planning
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COUNCIL DISTRICTS IMPACTED: 3
BACKGROUND INFORMATION:
Case No: SUP25-388
Applicant:
Simms Samonte
simms.samonte@gmail.com
Owner:
RBHP Texas, LLC
info@randbhomesolutions.com
Staff Contact:
Mary Lovell, AICP, CNU-A
Senior Planner
(830) 221-4051 | mlovell@newbraunfels.gov
The subject property is approximately 0.18 of an acre on the south side of Klingemann Street, between North Houston and North Union Avenue, about 1,000 feet from the Comal River and the Headwaters at the Comal. Surrounding zoning includes C-4 (Resort Commercial) to the north and R-2 to the east, west, and south.
The two-story residence is about 2,400 square feet in total interior livable area with 4 bedrooms and 2 bathrooms. Per the Zoning Ordinance, the maximum occupancy of an STR with 4 bedrooms and 2 bathrooms is 10 occupants, and the minimum off-street parking is 4 spaces. There is sufficient room to accommodate the minimum parking requirements.
ISSUE:
The R-2 Zoning District accommodates both single-family and duplex dwellings. Short-Term Rentals (STRs) are not allowed in residential zoning districts such as R-2. To seek an SUP for an STR, this property must also be rezoned to a nonresidential district. To meet that procedural requirement, the applicant is requesting to rezone from R-2 to C-O (Commercial Office District) and concurrently apply for a Special Use Permit (SUP) to allow the short-term rental use of the single-family home.
The short-term rental standards in the Zoning Ordinance help to ensure proper measures are in place to protect public health, safety, and neighboring properties. If this rezoning request is approved, the registration of the short-term rental and online payment of hotel occupancy taxes are required. The project must comply with all other City Code standards.
COMPREHENSIVE PLAN REFERENCE:
The proposed rezoning is not consistent with Envision New Braunfels Action 1.3 below, but is consistent with Action 1.14:
• Action 1.3: Encourage balanced and fiscally responsible land-use patterns.
• Action 1.14: Ensure regulations do not unintentionally inhibit the provisions of a variety of flexible and innovative lodging options and attractions.
Future Land Use Plan: The subject property is located within the New Braunfels Sub Area, near existing Outdoor Recreation, Tourist, and Education Centers.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☐N/A
• In partnership with the New Braunfels Economic Development Corporation (NBEDC) and New Braunfels Utilities, develop a cohesive framework for economic development incentives that encourage a built environment that results in enhanced walkability, mixed housing types, and the co-location of commercial and residential uses.
FISCAL IMPACT:
The rezoning request is in 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.
• Mix of uses (residential and short-term rental) developed on a single parcel of land increases revenue to cover costs of services.
• If approved, the property will be subject to local and state hotel occupancy tax (HOT).
Recommendation
RECOMMENDATION:
Staff recommends denial. C-O allows apartments which, if such were to be built would be out of character with the surrounding neighborhood. C-O is best along the periphery of neighborhoods. However, if approved, staff recommends the following additional conditions:
1. The residential character of the property must be maintained.
2. The property will remain in compliance with the approved site plan and floor plan. Any significant changes to the site plan or floor plan will require a revision to the SUP.
The Planning Commission held a public hearing on December 2, 2025, and recommended denial of the applicant’s request (6-2-1).
Code of Ordinances Sec. 144-2.1 Changes and Zoning Amendments:
(b) Considerations for approving or denying a zoning change. In making a determination regarding a requested zoning change, the planning commission and the city council shall consider the following factors:
(1) Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned, and their relationship to the general area and to the city as a whole;
(2) Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;
(3) How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved;
(4) Any other factors that will substantially affect the public health, safety, morals, or general welfare; and
(5) Whether the request is consistent with the comprehensive plan.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 7 properties within 200 feet of the request. Opposition represents more than 20% of the notification area of this request which is not impacted by HB 24. Therefore, pursuant to state statute, a ¾ majority of City Council (6 votes) will be required to approve the applicant’s request.
Resource Links:
• Chapter 144, Sec. 3.3-2 (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. 3.4-17 (C-O) 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?nodeld=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.6SPUSPE>
• Chapter 144, Sec. 5.17 (Short-term Rental) of the City's Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTVDEST_S144-5.17SHTEREOC>