PRESENTER: Presenter
Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director
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SUBJECT: Title
Discuss and consider the second and final reading of an ordinance regarding a proposed amendment to an existing Special Use Permit, Ordinance No. 1999-71, to allow the sale of mixed beverages for on-premise consumption and the sale of beer and wine for off-premise consumption at an existing bed and breakfast in the “R-2” Single-Family and Two-Family District, being Lots 1, 2, and 3, Block 1, Gruenecliff Subdivision, Unit 2, addressed at 1111 Gruene Road.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 4
BACKGROUND INFORMATION:
Case No.: SUP22-543
Applicant: Traeger & Ricks, PLLC
Shawn Rutledge
245 S. Seguin Ave
New Braunfels, TX 78130
(830)-627-3850 | srutledge@tr-pllc.com
Owner: GRI, LLC
Franklin Dussern
1905 E. 16th St, Unit 1
Austin, TX 78702
(512)-884-7110 | franklin@wilder-ways.com
Staff Contact: Amanda Mushinski
(830)-221-4056 | amushinski@newbraunfels.gov
The City Council held a public hearing on February 27, 2023, and approved the first reading of the ordinance for the applicant’s requested rezoning (5-2).
The subject property is approximately 0.3 of an acre on the west side of Gruene Road, approximately 0.2 miles southwest of the intersection of Gruene Vineyard Crossing, and approximately 0.3 miles south of the Gruene Event Center.
The applicant is requesting to amend the current special use permit (SUP), which allows for a bed and breakfast, to also include the sale and on-premise consumption of mixed beverages and both on and off-premise consumption of beer and wine.
Surrounding Zoning and Land Use:
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North |
PD (River Bluff at Gruene) |
Open Space |
|
South |
R-2 AH |
Single Family Residential |
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East |
Across Gruene Rd, ZH-A-AH |
Single Family Residential |
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West |
Across Guadalupe River, R-2 |
Single Family Residential |
ISSUE:
In 1999, City Council approved a Special Use Permit (SUP) to allow a bed and breakfast on the property (Ordinance No. 1999-71). Since then, the property continues to run as a bed and breakfast with 14 existing and 4 proposed guest rooms. The current SUP allows a total of 18 guest rooms.
The owner is requesting to amend the current SUP to include the sale of alcohol as an amenity to their bed and breakfast guests. This will include the operation of a small bar to provide the sale of alcoholic beverages for on-premise consumption and a small retail space for the sale of sealed containers of beer and wine for guests to consume either in their guest room or off-premises. The owner indicates these amenities will not be advertised to the public.
The current SUP is required to meet the parking requirements per the zoning ordinance utilized in 1999 when the SUP was approved. For each guest room, 1.1 parking spaces must be provided. The site plan associated with the current SUP indicates that 23 parking spaces were provided, and the owner has stated that the number of parking spaces have stayed the same. The minimum parking requirement from 1999 for 18 total guest rooms is a minimum of 20 spaces. Since the bar and retail area is for guest use only, no additional parking is required, and the existing 23 parking spaces would satisfy the minimum parking requirement from 1999 and current standards (19).
The proposed SUP amendment 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 provision of a variety of flexible and innovative lodging options and attractions.
• Action 3.3: Balance commercial centers with stable neighborhoods.
• Action 3.6: Proactively provide a regulatory environment that remains business and resident friendly.
Future Land Use Plan: The subject property is located within the New Braunfels Sub Area, adjacent to the Recreational River Corridor, near existing Civic and Employment Centers, and a Tourist Center.
FISCAL IMPACT:
All sales will be subject to sales tax collection.
Recommendation
RECOMMENDATION:
Due to the surrounding residential uses and the commercial nature of the subject property, staff recommends approval with the following conditions:
1. That the sale of alcohol allowed by this Special Use Permit be restricted to only registered guests of the bed and breakfast addressed at 1111 Gruene Rd.
2. That the location of all sales of alcohol allowed by this Special Use Permit is restricted to the location indicated in Exhibit B, attached.
3. The sale of alcohol shall be limited to the hours of operation of the bed and breakfast office and shall not extend beyond the hours permitted by state and local law for the sale of alcohol
The Planning Commission held a public hearing of February 7, 2023, and unanimously recommended approval (7-0-0).
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 24 properties within 200 feet of the request. To date, the city has received responses representing 13% in opposition of the request.
Resource Links:
• Chapter 144, Sec. 3.3-2 (R-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?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.6SPUSPE>
• Chapter 144, Sec. 5.6 (Bed and breakfast facilities) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTVDEST_S144-5.6BEBRFA>
• Chapter 144, Sect. 5.18 (Sale of Alcoholic Beverages) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTVDEST_S144-5.18SAALBE>