PRESENTER: Presenter
Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director
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SUBJECT: Title
Public hearing and first reading of an ordinance to rezone 0.153 acres out of City Block 1001, South 70 feet of Lot 124 (B) from C-2 HD (General Business District with Historic District Overlay) to C-2 HD SUP (General Business District with Historic District Overlay and a Special Use Permit for Short-Term Rental of a Residence), currently addressed as 147 South Academy Avenue.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
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Case No: |
SUP23-380 |
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Applicant/Owner: |
McDaniel Properties, LLC, Sarah McDaniel |
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677 Treetop Pass |
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New Braunfels, TX 78130 |
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(979)308-1385 | woodenale@gmail.com |
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Staff Contact: |
Amanda Mushinski |
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(830) 221-4056 | amushinski@newbraunfels.gov |
The subject property is 0.153 acres in size and located on the northeast side of S Academy Ave, approximately 120 feet southeast of the intersection of W San Antonio St and S Academy Ave, and approximately one block southwest of Union Pacific Railroad and Fire Station 1.
The 1920s residence is roughly 1,369 square feet in total interior livable area with 3 bedrooms and 1 bathroom. This Special Use Permit (SUP) application is proposed to allow the existing home's short-term rental (STR).
Per the Zoning Ordinance, the maximum occupancy of an STR with 3 bedrooms and 1 bathroom is 5 occupants, and the minimum off-street parking is 3 paved spaces. According to the site plan, there is sufficient room to accommodate the minimum parking requirement.
Surrounding Zoning and Land Use:
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North |
C-2 HD HL |
John Faust Historic Landmark |
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South |
Across Academy Ave: C-2 & SND-1 |
Commercial Property and Single-Family Residence |
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East |
C-2 |
Single-Family Residence |
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West |
C-2 SUP HD |
Single-Family Residence |
ISSUE:
The proposed rezoning 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 multiple existing Civic, Employment, 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, short-term rental registration and online payment of hotel occupancy taxes are required. Also, the project must comply with all other City Code standards.
Currently, there are approximately 21 approved short-term rental SUPs within one-half mile of the subject property, 14 of which are active.
FISCAL IMPACT:
If approved, the property will be subject to local and state hotel occupancy tax (HOT).
Recommendation
RECOMMENDATION:
Due to the surrounding uses and the property’s proximity to downtown New Braunfels, staff recommends approval with the following conditions:
1. The residential character of the property must be maintained.
2. The property will comply with the approved site 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 November 7, 2023, and unanimously recommended approval (7-0-0).
Mailed notification as required by state statute:
Public hearing notices were sent to 12 property owners within 200 feet of the request. To date, the city has received responses representing 4% in opposition.
Resource Links:
• Chapter 144, Sec. 3.3-8 (C-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. 3.6 (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>