PRESENTER: Presenter
Christopher J. Looney, AICP, Planning and Development Services Director
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SUBJECT: Title
Public hearing and first reading of an ordinance regarding an amendment to Ordinance No. 2004-76, the “Kamp Kendrick” Planned Development District, to allow Short-Term Rentals of Lots 1 & 2R, Block 1, Kamp Kendrick, addressed at 1001 and 1005 Gruene Road.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 4
BACKGROUND INFORMATION:
Case No.: PZ22-0549
Applicant: All City Real Estate
Mindi Stange
2722 W Bitters Rd, Ste. 130
San Antonio, Texas 78248
(210)-625-1459 | mindistangerealty@gmail.com
Owner: Nancy A. Rogers
1703 Country Club
Midland, Texas 79701
(432)-559-2192 | dyrogersrcx@t3wireless.com <mailto:dyrogersrcx@t3wireless.com>
grannyrogers1222@gmail.com <mailto:grannyrogers1222@gmail.com>
Owner: Mary McCarty
P.O. Box 312243
New Braunfels, TX 78130
(830)-358-8441 | mccartymaryb@gmail.com
Staff Contact: Amanda Mushinski
(830)-221-4056 | amushinski@newbraunfels.gov
At their meeting on February 27, 2023 City Council postponed this item to March 13, 2023 at the applicant’s request (5-2).
The subject properties are located within the “Kamp Kendrick” Planned Development District (PD). This PD originally consisted of nine lots, eight of which were townhome lots and one a single-family lot. In 2019, Lots 2A and 2B (two townhome lots) were replatted to form one lot (2R). Currently, the PD consists of eight lots, six of which are townhome lots, while the two west-most are single family lots - these two are the subject of the proposed rezoning (PD amendment).
The two single family lots within the subject property are approximately 0.67 of an acre and 0.34 of an acre on the northwest side of the Gruene Road and Gruene Lake Drive intersection. The subject property is approximately 0.25 miles northwest of the intersection of Gruene Road and Hanz Drive, and approximately 0.5 miles southwest from the Rio Terra Senior Living Facility. The applicant’s application indicates their purpose for the PD amendment is to allow for the short-term rental (STR) of single-family residences at 1001 and 1005 Gruene Rd.
The 2002 residence located at 1001 Gruene Road is roughly 5,500 square feet in total interior livable area with 6 bedrooms and 6 ½ bathrooms. Per the Zoning Ordinance, the maximum occupancy of an STR with six bedrooms and six- and one-half bathrooms is 14 occupants, and the minimum off-street parking is 6 spaces. There is sufficient room within the existing paved driveway and additional parking area to accommodate the total required minimum of 6 parking spaces.
The residence to be located at 1005 Gruene Road is currently under construction and will be roughly 5,800 square feet in total interior livable area with 4 bedrooms and 4 bathrooms. Per the Zoning Ordinance, the maximum occupancy of an STR with four bedrooms and four bathrooms is 10 occupants, and the minimum off-street parking is four spaces. There is sufficient room in the permitted, paved driveway to accommodate 5 parking spaces, which will meet the minimum requirement.
Surrounding Zoning and Land Use:
|
North |
PD, “Kamp Kendrick” |
Townhomes |
|
South |
PD, “Cotton Crossing” |
Drainage |
|
East |
SD, “Gruene Lake Village” |
Restaurants and Retail |
|
West |
Across Guadalupe River, R-2 |
Single Family Residences |
ISSUE:
The proposed PD 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 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, adjacent to the Recreational River Corridor, and near existing Employment Centers, an Education Center, Tourist Center, Market Center, and Civic Center.
The PD is located along a mixed-use corridor adjacent to the Recreational River Corridor and is a short drive or bicycle ride to many visitor attractions. There are currently 9 active STRs within 1/2 mile of the subject property.
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 PD amendment 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.
FISCAL IMPACT:
If approved, the properties will be subject to local and state hotel occupancy tax (HOT).
Recommendation
RECOMMENDATION:
Approval with the following conditions:
1. Lots 1 & 2R will be the only lots allowed to have a short-term rental within the PD.
2. The properties will remain in compliance with the approved site plans. Any significant changes to the site plans will require an amendment to the PD.
The Planning Commission held a public hearing on February 7, 2023 and did not provide a recommendation for this item.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 13 properties within 200 feet of the request and 8 owners of property within the PD. To date, the city has received responses representing 12% in opposition within the 200 ft notification area and 32% in opposition from within the PD.
Opposition represents more than 20% of the notification area within the Kamp Kendrick PD. Pursuant to state statute, a ¾ majority of City Council (6 votes) will be required to approve the applicant’s request unless that opposition changes.
Resource Links:
• 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>