PRESENTER: Presenter
Applicant: Yesica Monrreal
Owner: 839 Oasis St, LLC
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SUBJECT: Title
SUP26-261 Public hearing and recommendation to City Council, requested by Yesica Monrreal, on behalf of 839 Oasis St LLC, to rezone approximately 0.17 of an acre out of Meyer Addition, Block 5, Lot 9, from R-2 (Single-Family and Two-Family District) to C-O SUP (Commercial Office District with a Special Use Overlay to allow Short Term Rental of a residence), currently addressed at 839 Oasis Street.
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DEPARTMENT: Neighborhood and Community Planning
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case No: SUP26-261
Applicant: Yesica Monrreal
Owner: 839 Oasis St, LLC
Staff Contact: Mary Lovell, (830) 221-4051, mlovell@newbraunfels.gov
The subject property comprises approximately 0.17 of an acre on the north side of Oasis Street, about 125 feet east of the Wright Street/Oasis Street intersection. It is immediately surrounded by other R-2 (Single-Family and Two-Family (duplex) District) properties, with M-2 (Heavy Industrial District) zoning one block to the southwest, and a single lot of C-3 (Commercial District) one block to the south. Abutting land uses are residential, with a warehouse located at the southwest corner of Wright Avenue and Oasis Street, and an automotive repair use at the northeast corner of Wright Avenue and Pine Street. The nearest short-term rental is in the next block to the southwest, approximately 700 feet away along Oasis Street.
The subject 1948 residence is approximately 1,040 square feet with 3 bedrooms and 2 bathrooms. Per the currently adopted 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 would allow 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.
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.
Traffic Impact Analysis (TIA): Per adopted ordinance, if a TIA is required, it will be conducted at the future Subdivision Platting and/or Building Permit stage, as applicable.
Drainage: Per adopted ordinance, if a drainage study is required, it will be conducted with the future Public Infrastructure Construction Plan approval process and/or Building Permit stage, as applicable.
COMPREHENSIVE PLAN REFERENCE:
Actions from Envision New Braunfels related to this request include:
• Action 1.3: Encourage balanced and fiscally responsible land use patterns.
• Action 1.14: Ensure regulations do not unintentionally inhibit the provision of a variety of flexible and innovative lodging options and attractions.
• 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 Subarea near an Existing Market Center.
STRATEGIC PLAN REFERENCE:
• 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:
Denial. The C-O District is New Braunfels’ least intense commercial zoning district; its mixed-use character is intended to balance opportunities for low-intensity, neighborhood scale, walkable commercial uses with protection of the residential character of surrounding neighborhoods. However, the subject lot is mid-block, with existing residences immediately abutting on all sides. Introduction of commercial zoning at this location mid-block would likely negatively impact neighborhood cohesiveness; and guests of a short-term rental at this location would be required to drive into an existing intact residential neighborhood to reach their destination. The nearby short-term rental one block over is on property currently zoned Industrial and is across the street from an existing warehouse.
Options for the Planning Commission include:
• Recommend denial.
• Recommend approval (with conditions suggested below).
• Recommend approval of the base rezoning but denial of the SUP.
If City Council is inclined to approve the applicant’s request, staff recommends the following conditions to accompany the SUP:
• The residential character of the property must be maintained.
• 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.
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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 26 properties within 200 feet of the request. As of the date this agenda was posted, the City had received four responses in opposition (11%), and one response in support (4%). Unless the opposition increases, 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 <https://newbraunfels.maps.arcgis.com/apps/webappviewer/index.html?%20id=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. 3.4-17 (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?nodeId=PTIICOOR_CH144ZO_ARTIIIZODI_S144-3.6SPUSPE>