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Title:
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SUP25-233 Public hearing and recommendation to City Council to rezone approximately 0.2 acres out of City Block 2013, part of Lots 234 and 235, from C-2 (General Business District) to C-2 SUP (General Business District with a Special Use Permit to allow Short Term Rental of a residence), currently addressed as 341 North Market Avenue.
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PRESENTER: Presenter
Applicant: Evelyn Orr Westfahl
Owner: June Orr
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SUBJECT: Title
SUP25-233 Public hearing and recommendation to City Council to rezone approximately 0.2 acres out of City Block 2013, part of Lots 234 and 235, from C-2 (General Business District) to C-2 SUP (General Business District with a Special Use Permit to allow Short Term Rental of a residence), currently addressed as 341 North Market Avenue.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case No: SUP25-233
Applicant:
Evelyn Orr Westfahl
(512) 5172405 | ejo3226@hotmail.com
Owner:
June Orr
(830) 556-4060 | juju4b@gmail.com
Staff Contact:
Amanda Mushinski, AICP, CNU-A
(830) 221-4056 | amushinski@newbraunfels.gov
The subject ~.2 acre property is located on the southwest side of North Market Avenue, approximately 140 feet northwest of the intersection of East Bridge Street and North Market Avenue, and approximately 500 feet southwest of the Tube Chute. It is bordered by C-2 and M-1 zoning. Adjacent land uses consist of multifamily and single-family residences.
The 1920s residence is roughly 1146 square feet with 2 bedrooms and 1 bathroom. This Special Use Permit (SUP) application is proposed to allow the short-term rental (STR) of the existing home. Per the Zoning Ordinance, the maximum occupancy of an STR with 2 bedrooms and 1 bathroom is 5 occupants, and the minimum off-street parking is 2 spaces. If approved, the applicant will be required to provide a paved driveway with two paved parking spaces.
ISSUE:
STR 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 STR and online payment of hotel occupancy taxes are required. Also, the project must comply with all other City Code standards.
There are currently 30 approved STR SUPs within one-half mile of the subject property, 21 of which are active.
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 New Braunfels Sub Area and near existing civic, tourist, employment, and outdoor recreation centers.
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 cover costs of 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.
3. A paved driveway with two paved parking spaces must be available for use prior to the issuance of a Short-Term Rental Permit.
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 15 properties within 200 feet of the request. As of the date this agenda was posted, the city has received responses representing 9% in opposition.
Resource Links:
* Chapter 144, Sec. 144-3.3-8 (C-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. 3.6 (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