PRESENTER: Presenter
Jean Drew, AICP, CNU-A, Planning & Development Services Assistant Director
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SUBJECT: Title
Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 6,500 square-feet, to apply a Special Use Permit to allow short-term rental of a residence in the “C-3” Commercial District, the N. 50 Lot 11, N. 50 Lot 12, and the N. 26 & E. 50 Lot 13, Block 9, Highland Park Addition Subdivision, addressed at 149 N. Peach Avenue.
DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 1
BACKGROUND INFORMATION:
Case No.: SUP23-091
Applicant/Owner: Lisa Cabrera
1206 Oak Path
San Antonio, TX 78258
210-360-9399| Lisa@Cabrerarealtygroup.com
Staff Contact: Colton Barker
830-221-4274 | cbarker@newbraunfels.gov
The subject property is approximately 6,500 square feet (0.15 of an acre) and situated on the southwest side of N Peach Avenue, approximately 120 feet from the intersection of N Peach Avenue and W San Antonio Street, and approximately 860 feet north of Ernest Eikel Field and the Jaws Skate Park.
The 1955 residence is roughly 787 square feet with two bedrooms and one bathroom. The existing driveway and parking area on the subject property is unpaved. This requested rezoning will allow the short-term rental (STR) of the existing home. Per the Zoning Ordinance, the maximum occupancy of an STR with two bedrooms and one bathroom is 5 occupants, and the minimum improved off-street parking is two paved spaces.
Surrounding Zoning and Land Use:
|
North |
R-1A-6.6 |
Single Family Residences |
|
South |
C-3, Across W San Antonio St |
Single Family Residences |
|
East |
C-3, Across N Peach Ave |
Single Family Residences |
|
West |
C-3 |
Single Family Residences |
ISSUE:
The Special Use Permit (SUP) as proposed would meet all Zoning Ordinance requirements for a short-term rental, and would be in accordance 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 a Transitional Mixed Used Corridor and near several existing Civic Centers and an existing Education Center.
The proposed STR is less than a block removed from San Antonio Street and is a short drive or bicycle ride to many visitor attractions. The neighborhood presently consists of primarily single-family residences and contains several commercial uses along W San Antonio Street. There are currently 2 approved short-term rental SUPs and 2 active short-term rentals within one-half mile of the subject property.
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 the SUP 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.
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. Any significant changes to the site plan will require a revision to the Special Use Permit.
3. A paved driveway with two paved parking spaces must be constructed on the subject property and available for use prior to the issuance of a Short-Term Rental Permit.
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 21 owners of properties within 200 feet of the request. To date, the city has received responses to the request resulting in 16% in opposition.
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?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>