PRESENTER: Presenter
Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director
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SUBJECT: Title
Approval of the second and final reading of an ordinance regarding the proposed rezoning of 0.2 acres consisting of Lot 20, Block 2, Eickenroht Addition Revised Subdivision, from R-3 (Multifamily District) to R-3 SUP (Multifamily District with Special Use Permit for Short-Term Rental of a Residence), currently addressed at 1241 South Academy Avenue.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
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Case No: |
SUP23-189 |
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Applicant / Owner: |
Kathleen Lund 3210 Bruce Drive Austin, TX 78735 (512) 775-0152 | kat@theninesaustin.com |
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Staff Contact: |
Mary Lovell (830) 221-4051 | mlovell@newbraunfels.gov |
The City Council held a public hearing on July 24, 2023 and unanimously approved the first reading of the applicant’s requested rezoning ordinance (7-0-0).
The subject property is approximately 0.2 acres and is located on the east side of South Academy Avenue, approximately 250 feet south of its intersection with Business 35. The residence is 1,166 square feet in total interior livable area with 3 sleeping areas and 2 bathrooms. This Special Use Permit (SUP) application is proposed to allow the short-term rental (STR) of the existing home.
Per the Zoning Ordinance, the maximum occupancy of a STR with 3 sleeping areas and 2 bathrooms is 8 occupants, and the minimum off-street parking required is 3 improved spaces. The property has a paved driveway approximately 58 feet in length that is sufficient to accommodate the 3 required parking spaces.
Surrounding Zoning and Land Use:
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North |
C-3 |
Commercial |
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South |
R-3, R-2 |
Residential Low-Density |
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East |
R-3, C-3 |
Residential Low-Density, Commercial |
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West |
R-3. R-3 SUP |
Residential Low-Density |
ISSUE:
The proposed rezoning 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, near an existing Educational Center, Market Center, and Employment Center and within Outdoor Recreation and Tourist Center Areas.
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 6 approved short term rental SUPs and 5 active short-term rentals within one-half mile of the subject property.
FISCAL IMPACT:
If approved, the property will be subject to local and state hotel occupancy tax (HOT).Recommendation
Recommendation
RECOMMENDATION:
Staff is recommending 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.
The Planning Commission held a public hearing on July 5, 2023, and unanimously recommended approval (6-0-0).
Mailed notification as required by state statute:
Public hearing notices were sent to 19 owners of property within 200 feet of the request. To date, the city has received responses totaling 16% in surrounding owner opposition.
Resource Links:
• Chapter 144, Sec. 3.3-3 (R-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=PTnodeId=PTIICOOR_CH144ZO_ARTVDEST_S144-5.17SHTEREOC <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTVDEST_S144-5.17SHTEREOC>