PRESENTER: Presenter
Christopher J. Looney, AICP, Planning & Development Services Director
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SUBJECT: Title
Public hearing and first reading of an ordinance regarding the proposed rezoning to apply a Special Use Permit to allow short-term rental of a residence in the “C-3” Commercial District, Lot 4R, New City Block 1055, Kuehler Addition, addressed at 354 E. Faust Street.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case No.: SUP23-089
Applicant/Owner: Timothy L. Daigle
922 River Terrace
New Braunfels, Texas 78130
(512) 618-6189 | Daigles15@gmail.com
Staff Contact: Amanda Mushinski
(830) 221-4056 | amushinski@newbraunfels.gov
The subject property is approximately 6,900 square feet in area located on the southeast side of E. Faust Street, approximately 160 feet northeast of the intersection of E. Faust Street and Kuehler Avenue, and one block southwest of the Faust Street Bridge.
The 1930s primary residence is roughly 1382 square feet in total interior livable area with 3 bedrooms and 2 bathrooms. A detached accessory dwelling unit has been constructed on the property, containing approximately 370 square feet of total livable area, containing 1 bedroom and 1 bathroom. A total of 4 bedrooms and 3 bathrooms are existing on the subject property. This Special Use Permit application is proposed to allow the short-term rental (STR) of the existing home and detached dwelling unit.
Per the Zoning Ordinance, the maximum occupancy of an STR with a total of four bedrooms and three bathrooms is 10 occupants, and the minimum off-street parking is 4 spaces. There is sufficient room to accommodate the minimum parking requirements.
Surrounding Zoning and Land Use:
|
North |
Across Faust St: C-3 |
Single Family Residences |
|
South |
C-3 |
Single Family Residences |
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East |
C-3 |
Duplex |
|
West |
C-3 |
Single Family Residences |
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 property is situated within the New Braunfels Sub-Area, near existing Outdoor Recreation, Tourist and Medical Centers, and within a short drive or bicycle ride to existing Market and Civic Centers and Downtown.
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 10 approved short term rental SUPs within one-half mile of the subject property, 5 of which are active.
FISCAL IMPACT:
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. Any significant changes to the site plan will require a revision to the SUP.
3. Occupancy is limited to a maximum of 10 guests.
4. Both dwelling units on the subject property must always be rented by a single party.
The Planning Commission held a public hearing on April 4, 2023, and unanimously recommended approval (9-0-0).
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 20 properties within 200 feet of the request. To date, the city has received responses representing 21% in opposition.
Opposition represents more than 20% of the notification area. Pursuant to state statute, a ¾ majority of City Council (6 votes) will be required to approve the applicant’s request unless that opposition changes.
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?nodeld=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>