PRESENTER: Presenter
Matthew Simmont, AICP Planning Manager
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SUBJECT: Title
Public hearing and first reading of an ordinance to rezone approximately 0.30 acres out of the Villa Rio Subdivision, Block 1, Lot 2 from C-3 (Commercial District) to C-3 SUP (Commercial District with a Special Use Permit for Short-Term Rental of a Residence), currently addressed as 463 Barcelona Drive.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case No: SUP25-094
Applicant/Owner: Gerardo Aguirre, (210) 834-6612, guadalajaracorp.1975@gmail.com
Staff Contact: Dana Moses, (830) 221-4054, dmoses@newbraunfels.gov
The subject property is approximately 0.30 acres on the north side of Barcelona Drive and approximately 140 feet west of the intersection of Barcelona and Seville Drives. The roughly 1,440 square-foot house was built in 1977 with 3 bedrooms and 2 bathrooms. This rezoning application is requested 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 3 spaces. There is sufficient room to accommodate the minimum parking requirements.
The property is surrounded by single-family homes and vacant land. The surrounding zoning is C-3 (Commercial District) to the west, east and north, and R-2 (Single-Family and Two-Family District) to the south.
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 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 Oak Creek subarea, near existing Market and Outdoor Recreation Centers.
There are currently 10 approved short-term rental SUPs within one-half mile of the subject property, 8 of which are active.
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 the cost of services. If approved, the property will be subject to local and state hotel occupancy tax (HOT).
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.
Recommendation
RECOMMENDATION:
The Planning Commission held a public hearing on May 6, 2025, and unanimously recommended approval (9-0).
Staff recommends 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.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 11 properties within 200 feet of the request. As of the date this agenda was posted, the city has received one response in favor and two responses 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>