PRESENTER: Presenter
Applicant/Owner: Toni and Joe Rios
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SUBJECT: Title
SUP25-368 Public hearing and recommendation to City Council, at the request of Toni and Joe Rios to rezone approximately 0.2 of an acre out of the Buena Vista Addition Subdivision, Block 3, Greater Part of Lot 8, from C-3 (Commercial District) to C-3 SUP (Commercial District with Special Use Permit to allow Short Term Rental of a residence), currently addressed at 265 School Avenue
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DEPARTMENT: Neighborhood and Community Planning
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COUNCIL DISTRICTS IMPACTED: 1
BACKGROUND INFORMATION:
Case No: SUP25-368
Applicant/Owner:
Toni and Joe Rios
(830) 381-9746 | woodriverhomes@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 School Avenue, approximately 50 feet northwest of the intersection of School Avenue and IH 35 South, and 300 feet southwest of Ernest Eikel Field. It is bordered by C-3 zoning with adjacent residential land uses.
The recently constructed residence is roughly 1932 square feet in total interior livable area with 2 bedrooms and 2 bathrooms. Per the Zoning Ordinance, the maximum occupancy of a STR with a total of 2 bedrooms and 2 bathrooms is 6 occupants, and the minimum off-street parking is 2 spaces. There is sufficient room 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 2 approved short term rental SUPs within one-half mile of the subject property, neither of which are active.
COMPREHENSIVE PLAN REFERENCE:
The requested rezoning 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 Oak Creek Sub Area, along a Transitional Mixed Use Corridor and IH 35, and near existing Education, Outdoor Recreation, and Civic Centers.
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:
If approved, staff recommends 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.
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 19 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. 3.3-9 (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>