PRESENTER: Presenter
Applicant/Owner: Phong Tien Nguyen
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SUBJECT: Title
SUP25-375 Public hearing and recommendation to City Council, at the request of Phong Tien Nguyen, to rezone approximately 0.7 of an acre out of the A M Esnaurizar Survey, Abstract 1, from C-3 AH (Commercial, Airport Hazard Overlay District) to C-3 AH SUP (Commercial, Airport Hazard Overlay District with a Special Use Permit to allow Short Term Rental of a residence), currently addressed at 1092 State Highway 46 South
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DEPARTMENT: Neighborhood and Community Planning
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case No: SUP25-375
Applicant:
Phong Tien Nguyen
(682) 227-5217 | phongn174@gmail.com
Staff Contact:
Amanda Mushinski, AICP, CNU-A
(830) 221-4056 | amushinski@newbraunfels.gov
The subject property is approximately 0.7 of an acre on the southwest side of State Highway 46 South, approximately 500 feet northwest of the intersection of State Highway 46 South and Stone Gate Drive, and approximately 250 feet southwest of Fire Station 6. It is bordered by C-3 AH, R-2 AH, C-1B AH, and APD zoning. Adjacent land uses consist of residences, a gas station, multifamily, Fire Station 6, commercial properties, and vacant land.
This rezoning application is requested to allow the short-term rental (STR) of the existing home. The 1960s residence is roughly 1422 square feet with 3 bedrooms and 2 bathrooms. Per the Zoning Ordinance, the maximum occupancy of an STR with 3 bedrooms and 2 bathrooms is 8 occupants, and the minimum off-street parking is 3 spaces. If approved, the applicant will be required to provide a paved driveway with three paved parking spaces.
ISSUE:
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 no approved short term rental SUPs within one-half mile of the subject property.
COMPREHENSIVE PLAN REFERENCE:
The request 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 Dunlap Sub Area, along a Transitional Mixed-Use Corridor, and near multiple future Employment Centers.
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.
FISCAL IMPACT:
The proposed rezoning 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:
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.
3. A paved driveway with three paved parking spaces must be available for use prior to the issuance of a Short-Term Rental Permit.
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 9 properties within 200 feet of the request. As of the date this agenda was posted, a supermajority vote of City Council is not required.
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>