PRESENTER: Presenter
Matthew Simmont, AICP, Planning Manager
Applicant: Elevate Permit Group / Owner: Jeremy Coburn
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SUBJECT: Title
Public hearing and first reading of an ordinance, requested by Elevate Permit Group, on behalf of Jeremy Coburn, to rezone approximately 0.3 of an acre out of City Block 5092, southwest part of Lot 29, from R-2 (Single-Family and Two-Family District) to C-O SUP (Commercial Office District with a Special Use Permit to allow Short Term Rental of a residence), currently addressed at 256 East Austin Street.
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DEPARTMENT: Neighborhood and Community Planning
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case No: SUP26-173
Applicant:
Elevate Permit Group
(830) 420-0514
Owner:
Jeremy Coburn
(210) 792-2270
Staff Contact:
Amanda Mushinski
(830) 221-4056 | amushinski@newbraunfels.gov
The subject property is approximately 1/3 of an acre on the southeast side of East Austin Street, and approximately ½ block northeast of Christus Santa Rosa Hospital. It is bordered by R-2 (Single-Family and Two-Family District) and C-1 (Local Business District) zoning. Adjacent land uses consist of residences and commercial property.
The 1900s residence is roughly 1050 square feet with 3 bedrooms and 2 bathrooms. Per the Zoning Ordinance, the maximum occupancy of a short-term rental (STR) with a total of 3 bedrooms and 2 bathrooms is 8 occupants, and the minimum off-street parking is 3 spaces. There is sufficient room to meet the minimum paved off-street parking requirements.
ISSUE:
The R-2 zoning district is intended to preserve and allow for the development of low-density residential neighborhoods by accommodating detached single-family and duplex dwellings while maintaining compatible development patterns and neighborhood character. Short-Term Rentals (STRs) are not allowed by right or by Special Use Permit overlay (SUP) within residential zoning districts such as R-2. To seek an SUP for an STR, a property must be rezoned to a non-residential district. To meet that procedural requirement, the applicant is requesting to rezone from R-2 to C-O (Commercial Office District) and concurrently apply for a Special Use Permit (SUP) to allow the short-term rental use of the existing single-family home. C-O allows both 1) the continued use of the existing residence as a single-family dwelling and 2) the potential operation of a short-term rental with SUP approval from City Council.
The applicant initially requested a base zoning district rezoning to MU-A, Low-Intensity Mixed-Use District. While MU-A allows single-family residential use and short-term rentals with SUP approval, it permits a broader range of residential and nonresidential uses than C-O, including multifamily, office, and other low-intensity commercial uses. During the Planning Commission meeting on July 7, 2026, the Commission recommended the applicant consider adjusting their request down to the less intense C-O, Commercial Office District, instead of MU-A. The applicant agreed and is now requesting a base zoning district change to C-O. Because C-O is within the “range of intensity” between the current zoning (R-2) and the originally requested base zoning (MU-A), this alternative could proceed.
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 will be required. Also, the project must comply with all other City Code standards.
COMPREHENSIVE PLAN REFERENCE:
The proposed rezoning and SUP overlay is consistent with the following actions from Envision New Braunfels:
• Action 1.3: Encourage balanced and fiscally responsible land use patterns.
• Action 3.1: Plan for healthy jobs/housing balance.
• Action 3.3: Balance commercial centers with stable neighborhoods.
Future Land Use Plan: The subject property is located within the New Braunfels Sub Area, near existing Tourist and Medical Centers.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☐N/A
• Economic Mobility - Objective: Incentivize mixed-use developments and redevelopments in targeted locations to create a built environment with integrated housing, commercial centers, and opportunities for improved connectivity.
• Economic Mobility - Objective: Support Confluence, the New Braunfels Chamber of Commerce Economic Development Strategic Plan, by helping to ensure a community that supports the targeted industries and increases the diversity of job opportunities in the community.
FISCAL IMPACT:
The proposed rezoning request is in alignment with the following recommendations and strategies of the Land Use Fiscal Analysis:
• Provide a mix of uses and building types, heights, and sizes in a more walkable context to produce more value and fiscal productivity.
• Mix of uses (residential and short-term rental) developed on a single parcel of land increases revenue to cover costs of services.
• If approved, the property will be subject to local and state hotel occupancy tax (HOT).
Recommendation
RECOMMENDATION:
Staff recommends approval. The C-O District balances the applicant’s request with a desire to protect the residential character of the surrounding neighborhood and limit potential impacts from incompatible commercial or mixed-use encroachment.
If approved, staff recommends 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.
The Planning Commission held a public hearing on July 7, 2026, and recommended approval of a zoning change from R-2 (Single-Family and Two-Family District) to C-O SUP (Commercial Office District with a Special Use Permit to allow Short Term Rental of a residence) (6-1).
Code of Ordinances Sec. 144-2.1 Changes and Zoning Amendments:
(b) Considerations for approving or denying a zoning change. In making a determination regarding a requested zoning change, the planning commission and the city council shall consider the following factors:
(1) Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned, and their relationship to the general area and to the city as a whole;
(2) Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;
(3) How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved;
(4) Any other factors that will substantially affect the public health, safety, morals, or general welfare; and
(5) Whether the request is consistent with the comprehensive plan.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 20 properties within 200 feet of the request. As of the date this agenda was posted, 4 responses have been received in opposition (18%) and two responses in favor (6%) (a supermajority vote of City Council would not be required to approve the applicant’s request.)
Resource Links:
• Short Term Rental Map <https://newbraunfels.maps.arcgis.com/apps/webappviewer/index.html?id=16f23a4b3c8a41ec89ef42a58185421a>
• Chapter 144, Sec. 3.3-2 (R-2) 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. 3.4-10 (MU-A) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.4ZODIREPRZOSUJU221987>
• Chapter 144, Sec. 3.4-17 (C-O) of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.4ZODIREPRZOSUJU221987>
• 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>