PRESENTER: Presenter
Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director
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SUBJECT: Title
Approval of second and final reading of an ordinance regarding a proposed rezoning to apply a Special Use Permit to allow short-term rental of a residence in the “C-3” Commercial District, Lot 10, City Block 1073, addressed at 194 Perryman Street.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case No.: SUP22-539
Applicant/Owner: Blayne McQuone
900 NE Loop 410 A105
San Antonio, TX, 78209
817-964-2177 | Blayne@EquityDeopt.io
Staff Contact: Colton Barker
830-221-4274 | CBarker@newbraunfels.gov <mailto:CBarker@newbraunfels.gov>
The City Council held a public hearing on February 27, 2023 and unanimously approved the first reading of the ordinance for the applicant’s requested rezoning (7-0-0).
The subject property is approximately 0.217 of an acre on the northeast corner of the intersection of Castell Avenue and Perryman Street, approximately one block north of the IH-35 access road. The 1954 residence is roughly 778 square feet with 2 bedrooms and 1 bathroom. This rezoning application is proposed to allow the short-term rental (STR) of the existing home. Per the Zoning Ordinance, the maximum occupancy of an STR with two bedrooms and one bathroom is 5 occupants, and the minimum off-street parking is 2 spaces. There are no existing paved parking spaces, but the applicant has indicated 2 paved parking spaces will be constructed to accommodate the minimum requirement.
Surrounding Zoning and Land Use:
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North |
C-3 |
Single Family Residence |
|
South |
Across Perryman St, M-1 |
Commercial Auto Sales |
|
East |
C-3 |
Single Family Residence |
|
West |
Across Castell Ave, C-3 |
Single Family Residence |
ISSUE:
The proposal would be in accordance 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, within the IH-35 Corridor, near an existing market center and an existing employment center.
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 the 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.
The proposed STR is located near the Business 35 corridor and is a short drive or bicycle ride to many visitor attractions. The neighborhood is a transitional area that contains a mix of residential and commercial uses. There are currently 8 active short-term rentals within one-half mile of the subject property.
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. Any significant changes to the site plan will require a revision to the SUP.
3. A paved driveway with two 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 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 18 properties within 200 feet of the request. To date, the city has received responses representing less than 1% in opposition of the request.
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->
• 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. 5.17 (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>