Presenter
Presenter
Christopher J. Looney, AICP, Planning and Development Services Director
Contact Info
clooney@nbtexas.org
Subject Header
SUBJECT:
Title
Public hearing and first reading of an ordinance regarding a proposed rezoning to apply a Special Use Permit to allow the short-term rental of a single-family dwelling in the “C-1” Local Business District currently addressed at 436 N. Union Avenue.
Body
BACKGROUND / RATIONALE:
Case No.: SUP20-174
Council District: 5
Applicant/Owner: Rex Ledbetter
436 N. Union Avenue
New Braunfels, TX 78130
(832) 851-0185
rflproperties@rflproperties.com
Staff Contact: Holly Mullins
(830) 221-4054
hmullins@nbtexas.org
The subject property is located on North Union Avenue between Camp and North Streets and is zoned C-1 Local Business District. The property contains a 1,062 square foot residence constructed in 1950.
This request is for a Special Use Permit (SUP) to allow a short-term rental (STR). The house has 3 bedrooms and 1 bath. Per the Zoning Ordinance, since the subject house has only one bathroom the maximum occupancy would be limited to 5 occupants. However, the applicant has asked the occupancy be increased to 6 guests.
The minimum off-street parking requirement for this proposed STR is 3 spaces, or one per sleeping room. Vehicular access to the property is taken from a side alley. There is an existing paved driveway approximately 60 feet long that can accommodate three cars. There is an area of black rock off the paved driveway which the applicant has been using for parking and would like to continue to do so as part of this SUP request. He states parking on the rock area will allow the driveway to be used for maneuvering. Because the parking requirement for the existing and proposed use can be met with the existing paved driveway, the “rocked” area is not necessary to meet city ordinance requirements for parking. City Council may consider any of the following regarding the nonconforming “rocked” parking area:
1. be allowed to remain for parking as a code deviation;
2. be paved if it is to be used for parking or maneuvering; or,
3. prohibit its use for parking and require physical barriers to prevent vehicular use.
The subject property is within walking distance of Schlitterbahn, Christus Santa Rosa Hospital, river recreation areas, and the Comal County Fairgrounds, and is in close proximity to Downtown, Landa Park, and Wurstfest. There are eight existing STRs permitted in this general vicinity.
Surrounding Zoning and Land Use:
North - C-1/ Single-family residence
South - C-1 / Commercial office
East - C-1, R-2/ Single-family residence
West - Across Union Avenue, C-1/ Commercial office, parking lot
Determination Factors:
In making a decision on zoning, the following factors are to be considered:
§ Whether the permitted uses will be appropriate in the immediate area and their relationship to the area and to the City as a whole (The site is within walking distance or a short drive to many visitor attractions, and located in an area containing a mix of residential, office and commercial uses.);
§ Whether the change is in accord with any existing or proposed public schools, streets, water supply, sanitary sewers, and other utilities to the area. (There do not appear to be any conflicts with these elements.);
§ How other areas designated for similar development will be affected (The proposed use should not impact other areas designated for similar development.);
§ Any other factors that will substantially affect the public health, safety, morals, or general welfare; (Short-term rental standards help to ensure proper measures are in place to protect public health, safety and neighboring properties.)
§ Consistency with the Comprehensive Plan:
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
|
City Plan/Council Priority: Envision New Braunfels Comprehensive Plan |
Consistent Actions: 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. Future Land Use: The property is situated within the New Braunfels Sub-Area, along a Mixed-Use Transitional Corridor, and in close proximity to a Recreational River Corridor and Existing Tourist/Entertainment, Outdoor Recreation, and Medical Centers. |
FISCAL IMPACT:
If approved, the property will be subject to local and state hotel occupancy tax (HOT).
Recommendation
COMMITTEE RECOMMENDATION:
The Planning Commission held a public hearing on November 4, 2020 and recommended approval without the code deviation for the parking surface, and with a maximum occupancy of 5 guests, plus staff recommended conditions. (6-0-0 with Chair Edwards, and Commissioners Tubb and Gibson absent.)
STAFF RECOMMENDATION:
Approval in accordance with the ordinance requirements, and with the following conditions:
1. The residential character of the property must be maintained.
2. Off-street parking will be allowed only on paved surfaces. The nonconforming “rocked” parking area must be paved (with asphalt, concrete, or other material approved by the City Engineer), or physical barriers installed to prevent its use for parking.
3. The property will remain in compliance with the approved site plan. Any significant changes to the site plan will require a revision to the SUP.
4. Occupancy is limited to a maximum of 5 guests.
5. All standards of the Zoning Ordinance will be met and a separate short-term rental permit obtained.
Notification:
Public hearing notices were sent to owners of 16 properties within 200 feet of the request. The City received four responses in favor (8, 10, 13, 15) and none in objection.
RESOURCE LINKS:
• Chapter 144, Sec. 3.3-7 (C-1) 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=PTIICOOR_CH144ZO_ARTVDEST_S144-5.17SHTEREOC>
ATTACHMENTS:
1. Aerial Map
2. Application, Site Plan and Floor Plan
3. Land Use Maps (Zoning, Existing, Future Land Use, Short Term Rental)
4. Notification Map
5. Photographs
6. Applicant Request
7. Planning Commission Minutes
8. Ordinance