PRESENTER: Presenter
Matthew Simmont, AICP, Planning Manager
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SUBJECT: Title
Approval of the second and final reading of an ordinance regarding the proposal to rezone approximately 0.2 acres out of New City Block 4071, Schneider Addition, West part of both Lots 1 and 2, from C-3 (Commercial District) to C-3 SUP (Commercial District, with a Special Use Permit for Short-Term Rental of a Residence), currently addressed as 695 South Santa Clara Avenue.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 1
BACKGROUND INFORMATION:
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Case No: |
SUP23-224 |
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Applicant/Owner: |
Adam Bruchas |
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977 Fredericksburg Road |
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New Braunfels, TX 78130 |
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(832) 262-2218 | bruchasproperties@gmail.com |
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Staff Contact: |
Amanda Mushinski |
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(830) 221-4056 | amushinski@newbraunfels.gov |
The City Council held a public hearing on July 24, 2023, and unanimously approved the first reading of the applicant’s requested rezoning ordinance (7-0-0).
The subject property is approximately 0.2 acres in area (8,700 square feet) and located on the northeast corner of South Santa Clara Ave and West Nacogdoches St, approximately 100 feet northeast of the intersection of South Santa Clara Ave and Business 35, and approximately 300 feet southwest of the former location of the NBHS Ninth Grade Center.
The 1940s residence is roughly 1,626 square feet in total interior livable area with 3 bedrooms and 2 bathrooms. This Special Use Permit (SUP) application is proposed to allow the short-term rental (STR) of the existing home. Per the Zoning Ordinance, the maximum occupancy of an STR with a total of 3 bedrooms and 2 bathrooms is 8 occupants, and the minimum off-street parking is 3 paved spaces. There is sufficient room to accommodate the minimum parking requirements.
Surrounding Zoning and Land Use:
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North |
C-3 |
Single Family Residence |
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South |
Across W Nacogdoches St: C-3 |
Commercial Property |
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East |
C-3 |
Single Family Residence |
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West |
Across S Santa Clara Ave: C-3 & SND-1 |
Single Family Residences |
ISSUE:
The proposed rezoning to apply the Special Use Permit is consistent with the following actions from Envision New Braunfels:
• 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, and near existing Civic, Education, Employment, Market, Outdoor Recreation, and Tourist Centers.
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. Also, the project must comply with all other City Code standards.
There are currently 5 approved short-term rental SUPs within one-half mile of the subject property, 2 of which are active.
FISCAL IMPACT:
If approved, the property will be subject to local and state hotel occupancy tax (HOT).
Recommendation
RECOMMENDATION:
Approval with the following 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 and/or floor plan will require a revision to the SUP.
The Planning Commission held a public hearing on July 5, 2023, and unanimously recommended approval (6-0-0).
Mailed notification as required by state statute:
Public hearing notices were sent to 16 owners of property within 200 feet of the request. To date, the city has received responses representing 8% in opposition.
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_CH144ZO_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?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>