PRESENTER: Presenter
Matthew Simmont, AICP, Planning Manager
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SUBJECT: Title
Approval of the second and final reading of an ordinance to rezone 0.21 acres out of Kuehler Addition Subdivision, New City Block 1054, Lot 7, 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 296 E Faust St.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case No: SUP24-279
Applicant:
Jeff & Laura Coultas
(210) 677-9802 | jeffcoultas@gmail.com
Staff Contact:
Amanda Mushinski, CNU-A
(830) 221-4056 | amushinski@newbraunfels.gov
The City Council held a public hearing on October 28, 2024, and unanimously approved the first reading of the applicant’s requested rezoning ordinance (7-0-0).
The subject property is 0.21 acres in area located on the southwest corner of the intersection of Kuehler Ave and E Faust St, and approximately 2 blocks southwest of the Faust Street Bridge.
The 1930s residence is roughly 1,314 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 a STR with a total of 3 bedrooms and 2 bathrooms is 8 occupants, and the minimum off-street parking is 3 spaces. There is sufficient room to accommodate the minimum parking requirements.
The subject property is bordered by zoning districts including C-3. Adjacent land uses consist of Commercial and Single-Family Neighborhoods.
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 Market and Outdoor Recreation 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 11 approved short term rental SUPs within one-half mile of the subject property, 6 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.
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.
The Planning Commission held a public hearing on October 2, 2024, and unanimously recommended approval (8-0-0).
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 18 properties within 200 feet of the request. As of the date this memo was prepared, the city had received responses representing 16% opposition.
Resource Links:
• Chapter 144, Sec. 144-3.3-9 (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>