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 to rezone approximately 0.21 of an acre out of the Highland Park Addition Subdivision Block 14, Lot 9, from C-3 (Commercial District) to C-3 SUP (Commercial District with a Special Use Permit for Short-Term Rental), currently addressed at 1622 Cross Street
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 1
BACKGROUND INFORMATION:
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Case No: |
SUP24-170 |
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Applicant/Owner: |
Aaron Roggensack |
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130 Auburn Street |
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Kyle, TX, 78640 |
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(512) 739-3802 | aaronroggensack@gmail.com |
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Staff Contact: |
Dana Moses |
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(830) 221-4054 | dmoses@newbraunfels.gov |
The City Council held a public hearing on July 22, 2024, and unanimously approved the first reading of the applicant’s requested rezoning ordinance (6-0-0).
The subject property is approximately 0.21 of an acre (9,050 square feet) situated on the north side of Cross Street, approximately 108 feet southwest of the intersection of Cross Street and South Live Oak Avenue, just a block south of West San Antonio Street. This rezoning application is proposed to allow the short-term rental (STR) of the existing home, which is roughly 1,185 square feet. Built in the 1920s, it has 2 bedrooms and 1 bathroom which limits the maximum STR occupancy to 5 occupants, and the minimum off-street parking is 2 paved spaces.
Surrounding Zoning and Land Use:
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North |
C-3 |
Single-Family Residence |
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South |
R-1 A-6.6 |
Single-Family Residence |
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East |
C-3 |
Single-Family Residence |
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West |
C-3 |
Single-Family Residence |
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 near Existing Civic, Market, and Outdoor Recreation Centers, as well as a Future Market Center.
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 5 approved short-term rental SUPs within one-half mile of the subject property, 3 of which are active.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☐N/A
• Incentivize mixed-use developments and redevelopments in targeted locations to create a built environment with integrated housing, commercial centers, and opportunities for improved connectivity.
• In partnership with the New Braunfels Economic Development Corporation (NBEDC) and New Braunfels Utilities, develop a cohesive framework for economic development incentives that encourage a built environment that results in enhanced walkability, mixed housing types, and the co-location of commercial and residential uses.
FISCAL IMPACT:
If approved, the property will be subject to local and state hotel occupancy tax (HOT).
Recommendation
RECOMMENDATION:
The site is already zoned Commercial and is only one block removed from a major arterial which limits associated commercial traffic from meandering too far within a residential neighborhood. Therefore, 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 and floor plan. Any significant changes to the site plan or floor plan will require a revision to the SUP.
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 22 properties within 200 feet of the request. To date, the city has received 3 responses in favor and 1 in opposition.
The Planning Commission held a public hearing on July 2, 2024, and unanimously recommended approval (7-0-0).
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?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>