PRESENTER: Presenter
Applicant: Simms Samonte
Owner: RBHP Texas, LLC
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SUBJECT: Title
SUP25-388 Public hearing and recommendation to City Council, at the request of Simms Samonte, on behalf of RBHP Texas, LLC, to rezone approximately 0.18 of an acre out of City Block 5103 Subdivision, West portion of Lot 23, from R-2 (Single-Family and Two-Family District) to C-O SUP (Commercial Office District with a Special Use Permit to allow Short Term Rental of a residence), currently addressed at 160 East Klingemann Street.
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DEPARTMENT: Neighborhood and Community Planning
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COUNCIL DISTRICTS IMPACTED: 3
BACKGROUND INFORMATION:
Case No: SUP25-388
Applicant:
Simms Samonte | simms.samonte@gmail.com
Owner:
RBHP Texas, LLC | info@randbhomesolutions.com
Staff Contact:
Mary Lovell, MPA, AICP, CNU-A
Senior Planner
(830) 221-4051 | mlovell@newbraunfels.gov
The subject property is approximately 0.18 of an acre on the south side of Klingemann Street, between North Houston and North Union Avenue, about 1,000 feet from the Comal River and the Headwaters at the Comal. Surrounding zoning includes C-4 (Resort Commercial) to the north and R-2 to the east, west, and south.
The two-story residence is about 2,400 square feet in total interior livable area with 4 bedrooms and 2 bathrooms. Per the Zoning Ordinance, the maximum occupancy of an STR with 4 bedrooms and 2 bathrooms is 10 occupants, and the minimum off-street parking is 4 spaces. There is sufficient room to accommodate the minimum parking requirements.
ISSUE:
The R-2 Zoning District accommodates detached single-family and duplex dwellings while maintaining compatible development patterns and neighborhood character. Short-Term Rentals (STRs) are not permitted by right or by Special Use Permit within residential zoning districts such as R-2. To seek an SUP for an STR, this property must also be rezoned to a nonresidential district. To meet that procedural requirement, the applicant is requesting to rezone from R-2 to C-O (Commercial Office District) and concurrently apply for a Special Use Permit (SUP) to allow the short-term rental use of the single-family home.
The 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. The project must comply with all other City Code standards.
COMPREHENSIVE PLAN REFERENCE:
The proposed rezoning is not consistent with the following actions from Envision New Braunfels:
• Action 1.3: Encourage balanced and fiscally responsible land-use patterns.
• Action 3.3: Balance commercial centers with stable neighborhoods.
Future Land Use Plan: The subject property is located within the New Braunfels Sub Area, near existing Outdoor Recreation, Tourist, and Education Centers.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☐N/A
• In partnership with the New Braunfels Economic Development Corporation (NBEDC) and New Braunfels Utilities, develop a cohesive framework for economic development incentives that encourage a built environment that results in enhanced walkability, mixed housing types, and the co-location of commercial and residential uses.
FISCAL IMPACT:
The property could generate limited revenue through local and state hotel occupancy taxes (HOT) if operated as a short-term rental.
Recommendation
RECOMMENDATION:
If approved, staff recommends the following additional 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 7 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. 3.3-2 (R-2) 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. 3.4-17 (C-O) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.4ZODIREPRZOSUJU221987>
• 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>