PRESENTER: Presenter
Applicant/Representative: Schumann Consulting/TJ Grossi
Owner: Fieldcrest Moose Lodge, LLC
Body
SUBJECT: Title
SUP26-266 Public hearing and recommendation to City Council, requested by Schumann Consulting, on behalf of Fieldcrest Moose Lodge, LLC, to rezone approximately 0.32 of an acre out of Rivercrest Heights Unit 4, Lot 25 from R-1 (Single-Family District) to C-O SUP (Commercial Office District with a Special Use Overlay to allow Short Term Rental of a residence), currently addressed at 1330 Fieldcrest.
Header
DEPARTMENT: Neighborhood & Community Planning
Body
COUNCIL DISTRICTS IMPACTED: 4
BACKGROUND INFORMATION:
Case No: SUP26-266
Applicant/Representative: Schumann Consulting/TJ Grossi
Owner: Fieldcrest Moose Lodge, LLC
Staff Contact: Mary Lovell, AICP, CNU-A | mlovell@newbraunfels.gov | (830) 221-4051
The subject property comprises approximately 0.32 of an acre on the south side of Fieldcrest. It is a through-lot with the rear property line abutting East Common Street. Properties to the north, east, and west are zoned R-1 and developed with single-family residences. Across East Common Street to the south, properties are zoned C-1A (Neighborhood Commercial District) and C-1B (General Business District) and developed with a retail shopping center that includes the Buttermilk Café restaurant and a beauty salon that was recently constructed at the southeast corner of East Common Street and Gruene Road. A short distance away, along the east side of Gruene Road, the zoning is C-1B and is predominantly vacant land with a few single-family residences.
ISSUE:
The subject property is currently an undeveloped lot with residences on the lots on either side. The applicant proposes to construct a 3-bedroom, 3-bath, 1,510-square-foot single-family residence and desires to have the option to operate it as a short-term rental (STR).
Per the currently adopted Zoning Ordinance, the maximum occupancy of a short-term rental (STR) with a total of 3 bedrooms and 3 bathrooms is 8 occupants, and the minimum off-street parking is 3 paved spaces. There is sufficient room to meet the minimum off-street parking requirements.
The R-1 zoning district is intended to accommodate and preserve low-density residential development consisting primarily of detached single-family dwellings. Short-term rentals are not allowed by right or through a Special Use Permit overlay (SUP) within the R-1 zoning district.
To seek an SUP for an STR, a property must also be rezoned to a non-residential base zoning district. To meet that procedural requirement, the applicant is requesting to rezone from R-1 to C-O (Commercial Office District) concurrently with an SUP to allow the proposed residence to also operate as a short-term rental. C-O would allow both 1) the continued use of the proposed residence as a single-family dwelling, and 2) the potential operation of a short-term rental with SUP approval from City Council.
C-O is the City's least intense nonresidential zoning district and allows single-family residential use in addition to professional offices. The requested C-O zoning would allow the proposed residence while providing the nonresidential base zoning necessary for consideration of the STR through the SUP process. If approved, the STR would be subject to the SUP conditions and applicable short-term rental standards of the Zoning Ordinance.
The property is located within an established single-family neighborhood and is surrounded on three sides by R-1 zoning and residential development. Commercial zoning and development are located across East Common Street and along nearby Gruene Road. Approval of the request would change the subject property's base zoning from residential to nonresidential, introducing C-O zoning into the existing R-1 area. The C-O zoning would remain with the property independent of the operation or continuation of the proposed short-term rental.
Traffic Impact Analysis (TIA): Per adopted ordinance, if a TIA is required, it will be conducted at the future Subdivision Platting and/or Building Permit stage, as applicable.
Drainage: Per adopted ordinance, if a drainage study is required, it will be conducted with the future Public Infrastructure Construction Plan approval process and/or Building Permit stage, as applicable.
COMPREHENSIVE PLAN REFERENCE:
Actions from Envision New Braunfels related to this request include:
• Action 1.3: Encourage balanced and fiscally responsible land use patterns.
• Action 1.14: Ensure regulations do not unintentionally inhibit the provision of a variety of flexible and innovative lodging options and attractions.
• Action 3.1: Plan for healthy jobs/housing balance.
• Action 3.3: Balance commercial centers with stable neighborhoods.
Future Land Use Plan: The subject property is located within the New Braunfels Subarea near Existing Market and Employment Centers.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☐N/A
• Economic Mobility - Objective: Incentivize mixed-use developments and redevelopments in targeted locations to create a built environment with integrated housing, commercial centers, and opportunities for improved connectivity.
• Economic Mobility - Objective: Support Confluence, the New Braunfels Chamber of Commerce Economic Development Strategic Plan, by helping to ensure a community that supports the targeted industries and increases the diversity of job opportunities in the community.
FISCAL IMPACT:
The property is currently undeveloped and zoned for residential use. If approved, the request would allow development of a single-family residence as the current zoning does, but would add the option of office uses that could be more intense than a home occupation, and the option to operate a short-term rental subject to applicable City code requirements. If operated as a short-term rental, the property would be subject to applicable local and state hotel occupancy taxes, as well as property taxes. If an office or other commercial developed there, it would be subject to sales and other business taxes, as well as property taxes. Different developments on this site could also have a variety of impacts on property valuations of neighboring properties.
Recommendation
RECOMMENDATION:
Denial. Allowing a pocket of commercial within an established residential neighborhood can have negative impacts on the residences, more than if the commercial were located on the periphery of a neighborhood. Maintaining the existing R-1 zoning on the subject site would provide a clearer and more predictable transition between the established residential neighborhood and the commercial activity along East Common Street and Gruene Road. Traffic generated by either office or STR uses would have a different character and number than does traffic generated by the surrounding residential uses. Therefore, staff finds that the requested zoning change and short-term rental use would not be appropriate for the subject property.
If City Council is inclined to approve the applicant’s request, staff recommends the following conditions to accompany the SUP:
• The residential character of the property must be maintained.
• 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.
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 14 properties within 200 feet of the request. As of the date of the posting of the agenda the City had received three mailed responses in opposition (14%).
RESOURCE LINKS:
• Short Term Rental Map https://newbraunfels.maps.arcgis.com/apps/webappviewer/index.html? id=16f23a4b3c8a41ec89ef42a58185421a <https://newbraunfels.maps.arcgis.com/apps/webappviewer/index.html?%20id=16f23a4b3c8a41ec89ef42a58185421a>
• Chapter 144, Sec. 3.3-2 (R-1) 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?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.6SPUSPE>