PRESENTER: Presenter
Applicant/Representative: Blackbird Development Group/Garrett Mechler
Owner: James Fritsch
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SUBJECT: Title
SUP26-313 Public hearing and recommendation to City Council, requested by Blackbird Development Group, LLC, on behalf of James Fritsch, to rezone approximately 0.21 of an acre out of Kuehler Addition, New City Block 1053, Lot 11-12 north part of both, life estate from C-3 (Commercial District) to C-3 SUP (Commercial District with a Special Use Overlay to allow Short Term Rental of a residence), currently addressed at 1064 Comal Avenue.
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DEPARTMENT: Neighborhood & Community Planning
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case No: SUP26-313
Applicant: Blackbird Development Group (Garrett Mechler)
Owner: James Fritsch
Staff Contact: Colton Barker, Planner | cbarker@newbraunfels.gov | (830) 221-4274
The subject property comprises approximately 0.21 of an acre on the southwest side of Comal Avenue. The property is zoned and surrounded in all directions by C-3 (Commercial District) zoning. The subject property is located in a heavily suburban-style/auto-oriented developed area near Business 35, with primarily non-residential development to the west along and across South Seguin Avenue, and primarily single-family residential development to the east across Comal Avenue. The property abuts the former Wildflower Barn home patio retail store to the south and the Elysian Hair & Tattoo Studio to the north.
ISSUE:
The 1950’s residence is roughly 1420 square feet with 2 bedrooms and 2 bathrooms. The applicant is requesting a Special Use Permit (SUP) overlay to allow the short-term rental (STR) of the existing home. Although the C-3 base zoning district allows overnight lodging, the existing structure was originally constructed as a residence; the Zoning Ordinance requires a Special Use overlay to allow the short-term rental of a house even if the base zoning district allows overnight lodging by right.
Under the currently adopted Zoning Ordinance, the maximum occupancy of a short-term rental (STR) with 2 bedrooms and 2 bathrooms is 6 occupants, and the minimum off-street parking is 2 paved spaces. There is sufficient room on the existing asphalt driveway to meet the minimum off-street parking requirements. If approved, the STR would be subject to the SUP conditions and applicable short-term rental standards of the Zoning Ordinance.
COMPREHENSIVE PLAN REFERENCE:
Actions from Envision New Braunfels related to this request include:
• Action 1.3: Encourage balanced and fiscally responsible land use patterns.
• Action 1.14: Ensure regulations do not unintentionally inhibit the provision of a variety of flexible and innovative lodging options and attractions.
• Action 3.1: Plan for healthy jobs/housing balance.
• Action 3.3: Balance commercial centers with stable neighborhoods.
Future Land Use Plan: The subject property is located within the New Braunfels Subarea, near a Transitional Mixed-Use Corridor, and near existing Education and Market Centers.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☐N/A
• Economic Mobility - Objective: Incentivize mixed-use developments and redevelopments in targeted locations to create a built environment with integrated housing, commercial centers, and opportunities for improved connectivity.
• Economic Mobility - Objective: Support Confluence, the New Braunfels Chamber of Commerce Economic Development Strategic Plan, by helping to ensure a community that supports the targeted industries and increases the diversity of job opportunities in the community.
FISCAL IMPACT:
The property is currently developed with a single-family residence but is zoned for commercial use, i.e. the house on site is grandfathered as a residence. If approved, the request would allow the existing house to be utilized as a short-term rental, subject to SUP applicable City code requirements. If operated as a short-term rental, the property would be subject to applicable local and state hotel occupancy taxes, as well as standard property taxes.
Recommendation
RECOMMENDATION:
The location, surrounded on 3 sides by commercial uses, lies on the periphery of a residential neighborhood as it blends into suburban style commercial along Seguin Avenue and near the intersection with Business 35/Elliott Knox Boulevard. Short term rentals on the edge of a neighborhood have less of an impact on nearby residences than do those embedded deeper within a neighborhood; that is, guests of a short-term rental at this location would not have to drive through a neighborhood to reach their destination, limiting impacts to surrounding properties. For these reasons, staff finds that the requested zoning change would be appropriate for the subject property and recommends approval with the following conditions:
• The residential character of the property must be maintained.
• 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 13 properties within 200 feet of the request. As of the date of agenda posting the City has received three mailed responses in support (8%) and one mailed response in opposition (<1%).
RESOURCE LINKS:
• Chapter 144, Sec. 5.17 (Short Term Rental or Occupancy) 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>
• Short Term Rental Map https://newbraunfels.maps.arcgis.com/apps/webappviewer/index.html? id=16f23a4b3c8a41ec89ef42a58185421a <https://newbraunfels.maps.arcgis.com/apps/webappviewer/index.html?id=16f23a4b3c8a41ec89ef42a58185421a>
• Chapter 144, Sec. 3.3-7 (C-1) 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?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.6SPUSPE>