PRESENTER: Presenter
Christopher J. Looney, AICP Planning and Development Services Director
Body
SUBJECT: Title
Public hearing and first reading of an ordinance to rezone approximately 0.21 acres out of the City Block 1059 Subdivision, Block 1059, Lot 7, from C-3 (Commercial District) to C-3 SUP (Commercial District with a Special Use Permit for Short Term Rental), currently addressed at 380 Kessler Street.
Header
DEPARTMENT: Planning and Development Services
Body
COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case Number:
SUP25-084
Applicant/Owner:
Bruce Schwarz
(830) 708-8122 | bas78132@gmail.com
Staff Contact:
Dana Moses
(830) 221-4054 | dmoses@newbraunfels.gov
The subject property is approximately 0.21 acres (9,000 square feet) on the south side of Kessler Street, approximately 85 feet southwest of the intersection of Sanger Avenue and Kessler Street. The roughly 1,360 square-foot residence was built in 1950 with 3 bedrooms and 2 bathrooms. This rezoning application is proposed to allow the short-term rental (STR) of the existing home.
Per the Zoning Ordinance, the maximum occupancy of a STR with 3 bedrooms and 2 bathrooms is 10 occupants, and the minimum off-street parking is 2 spaces. There is sufficient paved parking area on the property.
The property is surrounded by single-family homes and vacant land. The surrounding zoning is C-3 (Commercial District) to the north, south, east, 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.
There are currently 15 approved short-term rental SUPs within one-half mile of the subject property, 10 of which are active.
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 sub-area and near existing Civic, Market, Outdoor Recreation Centers, as well as a future Market Center.
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 offset costs of providing services. If approved, the property will be subject to local and state hotel occupancy tax (HOT).
Recommendation
RECOMMENDATION:
Approval with 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.
The Planning Commission held a public hearing on May 6, 2025, and unanimously recommended approval (9-0).
Mailed notification as required by state statute:
Public hearing notices were sent to the owners of 12 properties within 200 feet of the request. To date, the city has received one response in favor and one response in opposition.
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>