PRESENTER: Presenter
Applicant: Tarrah Stewart
Owner: Allen & Jillian Beck
Body
SUBJECT: Title
SUP26-013 Public hearing and recommendation to City Council, requested by Tarrah Stewart, on behalf of Allen and Jillian Beck, to rezone approximately 0.2 of an acre out of City Block 4045, Lot 10, 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 1329 Jackson Street.
Header
DEPARTMENT: Neighborhood and Community Planning
Body
COUNCIL DISTRICTS IMPACTED: 1
BACKGROUND INFORMATION:
Case No: SUP26-013
Applicant:
Tarrah Stewart
(830) 660-8131 | tarrah_stewart@yahoo.com
Owner:
Allen & Jillian Beck
(254) 462-8186 | Allen.m.beck@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 southeast side of Jackson Street and approximately 1 block north of Business 35/Elliot Knox Boulevard. The subject property is bordered by R-2 and C-3 zoning districts and adjacent land uses consist of residences.
The 1920s residence on the subject site comprises roughly 1226 square feet with 3 bedrooms and 2 bathrooms. Per the Zoning Ordinance, the maximum occupancy of an STR with a total of 3 bedrooms and 2 bathrooms is 8 occupants, and the minimum off-street parking is 3 spaces. There is sufficient room to meet the minimum parking requirements.
ISSUE:
R-2 is intended to preserve low-density residential neighborhoods by accommodating 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, a property must be rezoned to a non-residential 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 existing single-family home.
C-O was selected because it is the least intensive mixed-use zoning district that allows both 1) the continued use of the existing residence as a single-family dwelling and 2) the potential operation of a short-term rental with SUP approval. The C-O district also allows for multifamily residential, office and additional low-intensity nonresidential uses. The surrounding area is primarily developed with single-family homes. Rezoning the property to a mixed-use district would introduce a broader range of potential uses than what currently exists in the neighborhood.
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.
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.
• Action 3.17: Enact policies that dis-incentivize incompatible commercial encroachment into neighborhoods that whittle away at the edges, while still allowing for neighborhood scale commercial within walking distance of homes.
Future Land Use Plan: The subject property is located within the New Braunfels Sub Area, near existing Civic and Market Centers.
STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☒N/A
The proposed rezoning does not represent a targeted mixed-use redevelopment or contribute to integrated housing and commercial opportunities identified in the plan. Instead, it would introduce opportunity for some non-residential uses within an established residential neighborhood, outside of designated mixed-use or employment focus areas. Additionally, the conversion of an existing single-family home to a short-term rental at this location would not support the Strategic Plan’s goal of increasing affordable housing options or advancing community connectivity improvements.
FISCAL IMPACT:
As noted in the Comprehensive Plan and Strategic Plan consistency review above, the proposed rezoning would introduce opportunities for nonresidential uses within a predominantly residential area without contributing to a broader mixed-use or redevelopment objective. The proposed rezoning request is not in alignment with the recommendations and strategies of the Land Use Fiscal Analysis. While the property could generate limited revenue through local and state hotel occupancy taxes (HOT) if operated as a short-term rental, the request would not result in a mix of uses or development intensity that increases fiscal productivity. The existing single-family home would remain in residential use, and the change in zoning would not further the Land Use Fiscal Analysis goal of encouraging diverse, revenue-positive development patterns within targeted growth areas.
Recommendation
RECOMMENDATION:
Denial. The requested zoning change would introduce the potential for nonresidential uses within a predominantly residential area and allow for higher intensity uses such as multifamily or office development that are not consistent with the surrounding neighborhood character or the intent of the Comprehensive Plan and Strategic Plan. The request does not support the Land Use Fiscal Analysis objectives related to mixed-use or fiscally productive development patterns and may set a precedent for similar commercial rezonings within established residential neighborhoods.
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 14 properties within 200 feet of the request. As of the date this agenda was posted, 6 responses had been received by the City.
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>