PRESENTER: Presenter
Applicant: Monica L Mason
Owner: Brett Baer
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SUBJECT: Title
SUP26-069 Public hearing and recommendation to City Council, requested by Monica Mason, on behalf of Brett Baer, to rezone approximately 0.2 of an acre out of the City Block Subdivision 5068, Lot 5, from R-3 (Multifamily District) to R-3 SUP (Multifamily District with a Special Use Permit to allow a Short-Term Rental of a Residence), currently addressed at 226 North Liberty Avenue.
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DEPARTMENT: Neighborhood and Community Planning
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case No: SUP26-069
Applicant:
Monica L Mason
(512) 393-4949 | monilmason1@gmail.com
Owner:
Brett Baer
(310) 991-5338 | brettbaer@gmail.com
Staff Contact:
Amanda Mushinski, AICP, CNU-A
(830) 221-4056 | amushinski@newbraunfels.gov
The subject property is approximately 0.2 of an acre on the northeast side of North Liberty Avenue, approximately 60 feet northwest of the intersection with West Main Street, and across Liberty Avenue from Schlitterbahn Waterpark Resort. It is bordered by R-3, C-1, and C-4 zoning. Adjacent land uses consist of residences, commercial businesses, and a resort.
The property is currently under construction in accordance with building permits previously approved by the City. The residence is approximately 1,128 square feet in total interior livable area and is designed to include three bedrooms and three bathrooms. Per the Zoning Ordinance, the maximum occupancy of a short-term rental (STR) with three bedrooms is eight occupants, and a minimum of three off-street parking spaces is required. According to the approved building permit, there will be sufficient room to accommodate 3 paved off-street parking spaces.
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.
COMPREHENSIVE PLAN REFERENCE:
The rezoning 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.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☐Enhanced Connectivity ☒Community Identity
☐Organizational Excellence ☐Community Well-Being ☐N/A
• Incentivize mixed-use developments and redevelopments in targeted locations to create a built environment with integrated housing, commercial centers, and opportunities for improved connectivity.
FISCAL IMPACT:
The proposed rezoning request is in alignment with the following recommendations and strategies of the Land Use Fiscal Analysis:
• Provide a mix of uses and building types, heights, and sizes in a more walkable context to produce more value and fiscal productivity.
• Mix of uses (residential and short-term rental) developed on a single parcel of land increases revenue to cover costs of services.
If approved, the property will be subject to local and state hotel occupancy tax (HOT).
Recommendation
RECOMMENDATION:
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.
Another lot on this same block face within this same block already has zoning to allow a short-term rental. And several of the structures across the street are overnight resort cabins. Therefore, an STR at the proposed location would be consistent with existing uses and zoning allowances within this block.
Code of Ordinances Sec. 144-2.1 Changes and Zoning Amendments:
(b) Considerations for approving or denying a zoning change. In making a determination regarding a requested zoning change, the planning commission and the city council shall consider the following factors:
(1) Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned, and their relationship to the general area and to the city as a whole;
(2) Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;
(3) How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved;
(4) Any other factors that will substantially affect the public health, safety, morals, or general welfare; and
(5) Whether the request is consistent with the comprehensive plan.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 11 properties within 200 feet of the request. As of the date this agenda was posted, the city has received no responses.
Resource Links:
• Chapter 144, Sec. 3.3-3 (R-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>