PRESENTER: Presenter
Matthew Simmont, AICP, Planning Manager
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SUBJECT: Title
Public hearing and first reading of an ordinance regarding the proposed rezoning of 0.25 acres out of the Mission Oaks Unit 5 Subdivision, Block 14, Lot 11, from R-3 (Multifamily District) to R-3 SUP (Multifamily District with a Special Use Permit for Short Term Rental), currently addressed at 13 & 15 Moss Rock Drive
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DEPARTMENT: Planning and Development Services
COUNCIL DISTRICTS IMPACTED: 3
BACKGROUND INFORMATION:
Case Number: SUP25-088
Applicant/Owner: Angelika Nickel, MD, dr.a.nickel@hotmail.com
Staff Contact: Mary Lovell, mlovell@newbraunfels.gov, (830) 221-4051
The subject property is approximately 0.25 acres on the northeast side of Moss Rock Drive and is approximately 350 feet northwest of the intersection of Moss Rock Drive and Wood Road. It is developed with a duplex with 2,142 square feet of living space. This rezoning application is requested to allow the short-term rental (STR) of each unit of the duplex.
Per the Zoning Ordinance, the maximum occupancy of each unit consisting of 2 bedrooms and 1 bathroom is 5 occupants, and the minimum off-street parking is 2 spaces for each unit. The applicant is providing 2 off-site parking spaces for each unit, meeting the minimum parking space requirement.
The property is surrounded by single-family homes and duplexes. The surrounding zoning is R-3 (Multifamily District) to the east and south and R-1 (Single-Family District) to the north and west.
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.
Traffic Impact Analysis (TIA): N/A
Drainage: N/A
COMPREHENSIVE PLAN REFERENCE:
The applicant’s 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 Subarea, within an Existing Tourist Center and Outdoor Recreation Center.
There is currently 1 approved short-term rental property within one-half mile of the subject property.
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:
The Planning Commission held a public hearing on May 6, 2025, and recommended denial (7-1-0).
Since the standards in the ordinance for all STRs are intended to mitigate negative impacts within residential areas, and since this site, while not on a corner, is also not too far removed from an intersection, staff recommends approval subject to 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.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 19 properties within 200 feet of the request.
Opposition represents more than 20% of the notification area. 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. 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>
• 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>