PRESENTER: Presenter
Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director
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SUBJECT: Title
Approval of the second and final reading of an ordinance regarding the proposal to rezone 0.16 acres out of New City Block 5085, being part of Lots 50 & 51, from C-1 (Local Business District) to C-1 SUP (Local Business District, with a Special Use Permit for Short-Term Rental of a Residence), currently addressed as 135 West Garza Street.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Applicant / Owner: Grayson Wester, Valiant Root Ventures LLC 301 Main Plaza, Suite 319 New Braunfels, TX 78130 (830) 358-3995 | graysonwester@gmail.com <mailto:graysonwester@gmail.com>
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Staff Contact: |
Colton Barker (830) 221-4274 | cbarker@newbraunfels.gov <mailto:cbarker@newbraunfels.gov> |
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The City Council held a public hearing on July 24th, 2023, and unanimously approved the first reading of the applicant’s requested rezoning ordinance (7-0-0).
The subject property is 0.16 acres and is located on the east side of West Garza Street, approximately 260 feet north of its intersection with North Liberty Avenue and is approximately 300 feet from the Schlitterbahn Waterpark. The residence being constructed will be roughly 1448 square feet in total interior livable area with 4 sleeping areas and 2 bathrooms. This Special Use Permit (SUP) application is proposed to allow the short-term rental (STR) of the newly constructed home.
Per the Zoning Ordinance, the maximum occupancy of a STR with 4 sleeping areas and 2 bathrooms is 10 occupants, and the minimum off-street parking required is 4 improved spaces. The property has sufficient room to accommodate the required spaces.
Surrounding Zoning and Land Use:
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North |
C-1 |
Commercial |
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South |
C-1, C-4, C-4A |
Residential Low-Density, Commercial |
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East |
C-1 |
Residential Low-Density, Commercial |
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West |
C-1, C-4Ar55 |
Commercial, Medical Institution |
ISSUE:
The proposed rezoning to apply the Special Use Permit 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 is near an existing Tourist Center, Medical Center, Educational Center, and multiple 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 are currently 16 approved short term rental SUPs and 29 active short-term rentals within one-half mile of the subject property (this difference: 13 active STRs, are legally nonconforming (grandfathered)).
FISCAL IMPACT:
If approved, the property will be subject to local and state hotel occupancy tax (HOT).Recommendation
Recommendation
RECOMMENDATION:
Staff is recommending 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 4 paved 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 July 5, 2023, and unanimously recommended approval (6-0-0).
Mailed notification as required by state statute:
Public hearing notices were sent to 16 owners of property within 200 feet of the request. To date, the city has received responses representing less than 1% in opposition.
Resource Links:
• Chapter 144, Sec. 3.3-7 (“C-1” Local Business District) 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?nodeId=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>