PRESENTER: Presenter
Matthew Simmont, AICP Planning Manager
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SUBJECT: Title
Public hearing and first reading of an ordinance to rezone 0.11 acres out of New City Block 1007, southeast portion of Lot 142, from C-2 (General Business District) to C-2 SUP (General Business District with a Special Use Permit for Short Term Rental of a Residence), currently addressed as 381 Tolle St.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case No: SUP24-320
Applicant/Owner:
John & Holly Buche
(858) 200-6901 | johnkbuche@gmail.com
Staff Contact:
Amanda Mushinski, CNU-A
(832) 221-4056 | amushinski@newbraunfels.gov
The subject property is 0.11 acres in size, located on the northwest side of Tolle St and across the street from Market Plaza.
The 1940s residence is roughly 1,635 square feet in total interior livable area with 3 bedrooms and 3 bathrooms. The applicant is requested this rezoning to allow the short-term rental (STR) of the existing home. New Braunfels’ Zoning Ordinance currently requires an SUP when a proposed STR is in a house even if the base zoning is already commercial.
Per the Zoning Ordinance, the maximum occupancy of a STR with a total of 3 bedrooms and 3 bathrooms is 8 occupants, and the minimum off-street parking is 3 spaces. A paved driveway with three paved parking spaces must be available for use prior to the issuance of a Short-Term Rental Permit for the accessory dwelling unit.
The subject property is bordered by zoning districts including C-2 and C-4. Adjacent land uses consist of Single-Family Residences, Retail, and Market Plaza.
ISSUE:
The applicant’s requested rezoning would be 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, near multiple existing Outdoor Recreation, Employment, Civic, Market, and Education 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 31 approved short term rental SUPs within one-half mile of the subject property, 22 of which are active.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☐Enhanced Connectivity ☒Community Identity
☐Organizational Excellence ☐Community Well-Being ☐N/A
• Economic Mobility - Identify and secure a mid-to-long-term leasing or ownership opportunity for a business incubator to help foster the development of new, locally grown businesses and support entrepreneurship.
• Community Identity - Develop and implement comprehensive brand identity that represents the entire organization, clearly articulates, and celebrates the culture of New Braunfels, highlights the unique assets of the community, and supports economic development and tourism efforts as well as City operations, including recruitment and retention.
FISCAL IMPACT:
If approved, the property will be subject to local and state hotel occupancy tax (HOT).
Recommendation
RECOMMENDATION:
Staff recommends 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 or floor plan will require a revision to the SUP.
3. A paved driveway with three paved parking spaces must be available for use prior to the issuance of a Short-Term Rental Permit.
The Planning Commission held a public hearing on November 6, 2024, and unanimously recommended approval (7-0-0)
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 13 properties within 200 feet of the request. To date, the city has received no responses 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>