PRESENTER: Presenter
Matthew Simmont, AICP, Planning Manager
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SUBJECT: Title
Public hearing and first reading of an ordinance to rezone 0.22 acres out of the Parkview Estates Subdivision, Unit 1, Block 1, Lot 8, from C-1 (Local Business District) to C-1 SUP (Local Business District with a Special Use Permit for a Short-Term Rental of a residence), currently addressed at 443 Lockener Ave.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 3
BACKGROUND INFORMATION:
Case No: SUP24-361
Applicant/Owner:
Jerald Fragoso
(817) 908-3064 | jerald.fragoso@yahoo.com
Staff Contact:
Amanda Mushinski, CNU-A
(830) 221-4056 | amushinski@newbraunfels.gov
The subject 0.22 acre property is on the southwest side of Lockener Avenue, approximately 200 feet northwest of the intersection of Lockener Avenue and Landa Street. It is bordered by C-1, R-1, and R-2 zoning. Adjacent land uses consist of Single-Family Residences and the Plant Haus.
The 1960s residence is roughly 1,351 square feet in total interior livable area with 2 bedrooms and 1 bathroom. This rezoning 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 a total of 2 bedrooms and 1 bathroom is 5 occupants, and the minimum off-street parking is 2 spaces. According to the site plan, two paved 9 ft by 18 ft parking spaces must be available for use prior to the issuance of a Short-Term Rental Permit.
ISSUE:
The proposed rezoning 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, Education, and an Outdoor Recreation Centers.
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 is currently 1 approved short term rental SUP within one-half mile of the subject property.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☐Enhanced Connectivity ☒Community Identity
☐Organizational Excellence ☐Community Well-Being ☐N/A
• Economic Mobility - Identify and secure a mid-to-long-term leasing or ownership opportunity for a business incubator to help foster the development of new, locally grown businesses and support entrepreneurship.
• Community Identity - Develop and implement comprehensive brand identity that represents the entire organization, clearly articulates, and celebrates the culture of New Braunfels, highlights the unique assets of the community, and supports economic development and tourism efforts as well as City operations, including recruitment and retention.
FISCAL IMPACT:
If approved, the property will be subject to local and state hotel occupancy tax (HOT).
Recommendation
RECOMMENDATION:
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.
3. A paved driveway with two paved 9ft by 18ft parking spaces must be available for use prior to the issuance of a Short-Term Rental Permit.
The Planning Commission held a public hearing on December 3, 2024, and unanimously recommended approval (8-0-0).
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 no response.
Resource Links:
• 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?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>