PRESENTER: Presenter
Christopher J. Looney, AICP, Planning and Development Services Director
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SUBJECT: Title
Approval of the second and final reading of an ordinance regarding a proposed rezoning to apply a Special Use Permit to allow a bed and breakfast in the “R-2 HD” Single-Family and Two-Family District with a Historic District Overlay, Lot 5, City Block 3019, addressed at 648, 650, & 652 West Mill Street.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 1
BACKGROUND INFORMATION:
Case No.: SUP22-546
Applicant: Samantha Johns
648 W Mill Street
New Braunfels, Texas 78130
(512)-739-2286 | slj0927@gmail.com
Owner: Joel Todd Smith
648 W Mill Street
New Braunfels, Texas 78130
(512)-689-3022 | Todd3016@gmail.com
Staff Contact: Amanda Mushinski
(830)-221-4056 | amushinski@newbraunfels.gov
The City Council held a public hearing on February 27, 2023, and unanimously approved the first reading of the ordinance for the applicant’s requested rezoning (7-0-0).
The subject property is approximately 0.2 of an acre along the northwest side of West Mill Street, approximately 150 feet northeast of the intersection of W Mill Street and Guenther Avenue, and approximately 3 blocks northeast from the intersection of W Mill Street and N Walnut Avenue. The property is zoned “R-2” Single-Family and Two-Family District and is also within the Mill Street Historic District overlay.
The applicant is requesting a Special Use Permit (SUP) to allow a bed and breakfast to be operated on the subject property. Bed and breakfasts (B&Bs) are defined in the zoning ordinance with specific operational standards. An important distinction of a bed and breakfast is the requirement for the facility to be owner-occupied. The applicant’s primary residence is on the property, and they intend to rent the rear building to B&B guests as needed.
Per Section 144-5.6-2 and 144-5.6-3 of the Zoning Ordinance, the maximum number of guest rooms is eight for a bed and breakfast with a minimum off-street parking of one space per guest room and one space for the owner/proprietor.
The rear building was constructed in 1942 and contains a dwelling unit on the ground floor and a dwelling unit on the second story. The ground floor dwelling unit is roughly 540 square feet of total interior livable area with 1 guest room. The upstairs dwelling unit is roughly 400 square feet of total interior livable area with one guest room. The existing driveway and carport can support the minimum required spaces for 3 vehicles for both the primary residence and the guests of the B&B.
Surrounding Zoning and Land Use:
|
North |
R-2 HD HL |
Single Family Residence |
|
South |
Across W Mill St, R-2 HL |
Single Family Residence |
|
East |
Across W Mill St, R-2 HD HL |
Single Family Residence |
|
West |
R-2 |
Single Family Residence |
ISSUE:
The proposal 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.
• Action 1.6: Incentivize infill development and redevelopment to take advantage of existing infrastructure.
Future Land Use: The property is within the New Braunfels Sub-Area, and within a short drive or bicycle ride to existing Outdoor Recreation, Tourist, Civic, and Market Centers and Downtown New Braunfels.
The proposed B&B is located within close proximity to Downtown and an area of town focused on tourist-oriented businesses. There are currently 8 active short-term rentals and 3 approved B&B SUPs within ½ mile of the subject property.
The use of this property as a bed and breakfast will be subject to the supplemental standards as required in Section 5.6 of the Zoning Ordinance, as well as all other ordinance requirements. These standards help to ensure that proper measures are in place to protect public health and safety, and to encourage appropriate use of the property.
FISCAL IMPACT:
If approved, the property is subject to local and state hotel occupancy tax (HOT).
Recommendation
RECOMMENDATION:
Staff recommends approval.
The Planning Commission held a public hearing on February 7, 2023, and unanimously recommended approval (7-0-0).
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 17 properties within 200 feet of the request. To date, the city has received responses representing 20% in opposition of the request.
Opposition represents 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. 3.4-17 (R-2) of the City’s Code of Ordinances:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?
• Chapter 144, Sec. 5.6 (Bed and breakfast facilities) of the City’s Code of Ordinances:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?
• Chapter 144, Sec. 3.6 (SUP) of the City’s Code of Ordinances:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?