PRESENTER: Presenter
Applicant/Owner: David Delgado
Body
SUBJECT: Title
SUP24-314 Public hearing and recommendation to City Council to rezone approximately 0.3 acres out of the Villa Rio Subdivision, Block 1, Lot 1, 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 475 & 479 Barcelona Dr.
Header
DEPARTMENT: Planning and Development Services
Body
COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
|
Case No: |
SUP24-314 |
|
Applicant/Owner: |
David Delgado |
|
|
PO Box 3116 |
|
|
San Marcos, TX 78667 |
|
|
(512) 923-6809 | Cbu7913@yahoo.com |
|
Staff Contact: |
Amanda Mushinski |
|
|
(830) 221-4056 | amushinski@newbraunfels.gov |
The subject property is approximately 0.3 acres in size, located at the intersections of IH 35 N Access Rd, Seville Dr, and Barcelona Dr, approximately ½ mile northeast of the intersection of IH 35 and FM 725.
This Special Use Permit (SUP) application is proposed to allow the short-term rental (STR) of the existing home and detached accessory dwelling unit (ADU) as two separate rental units.
The 1970s residence is roughly 1633 square feet in total interior livable area with 3 bedrooms and 3 bathrooms. The existing ADU is roughly 766 square feet in total livable area with 2 bedrooms and 2 bathrooms.
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 for the primary residence. The maximum occupancy of a STR with a total of 2 bedrooms and 2 bathrooms is 6 occupants, and the minimum off-street parking is 2 spaces for the ADU. There is sufficient room to accommodate the minimum parking requirements for the primary residence, However, the applicant will need to pave an additional 2 spaces for the ADU.
Surrounding Zoning and Land Use:
|
North |
Across IH 35: C-3 |
Commercial Properties |
|
South |
Across Barcelona Dr: R-2 |
Single Family Residences |
|
East |
Across Seville Dr: C-3 |
Apartment Complex |
|
West |
C-3 |
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 Oak Creek Sub Area, within the Transitional Mixed Use and IH 35 Corridors, near multiple existing Outdoor Recreation, Market, and Employment 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 6 approved short term rental SUPs within one-half mile of the subject property, 4 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. The primary residence and accessory dwelling unit will be permitted as two separate short-term rentals.
4. A paved driveway with two paved parking spaces must be available for use prior to the issuance of a Short-Term Rental Permit for the accessory dwelling unit.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 10 properties within 200 feet of the request. To date, the city has received responses representing 5% 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>