PRESENTER: Presenter
Matthew Simmont, AICP Planning Manager
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SUBJECT: Title
Public hearing and first reading of an ordinance to rezone 0.21 acres out of the Highland Park Subdivision, Block 1, Lot 17, from C-3 (Commercial District) to C-3 SUP (Commercial District with a Special Use Permit to allow a Short-Term Rental of a residence), currently addressed at 1668 West San Antonio Street
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 1
BACKGROUND INFORMATION:
Case No: SUP24-412
Applicant/Owner:
Joshua Bertolacci
(210) 887-7752 | Kelseybertolacci@gmail.com
Staff Contact:
Amanda Mushinski, CNU-A
(830) 221-4056 | amushinski@newbraunfels.gov
The subject 0.21-acre tract is located on the northwest side of West San Antonio Street, approximately 300 feet southwest of the intersection with North Live Oak Avenue. It is bordered by C-3 and R-1A-6.6 zoning. Adjacent land uses consist of a restaurant, auto repair shop, and residences.
The 1960s residence has 1,086 square feet of interior livable area with 2 bedrooms and 1½ bathrooms. Per the Zoning Ordinance, the maximum occupancy of a STR with a total of 2 bedrooms and 1½ bathrooms is 6 occupants, and the minimum off-street parking is 2 spaces. There is sufficient room on site to accommodate the minimum parking requirements.
ISSUE:
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 4 approved short term rental SUPs within one-half mile of the subject property, two of which are active.
COMPREHENSIVE PLAN REFERENCE:
The request 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, along a Transitional Mixed-Use Corridor, and near existing Outdoor Recreation and Civic Centers.
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.
The Planning Commission held a public hearing on February 4, 2025, and unanimously recommended approval (9-0).
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 21 properties within 200 feet of the request. As of the date this agenda was posted, the city has received no responses 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_S144-3.3ZODIREPRZOPRJU221987>
• 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>\