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File #: 21-248    Name:
Type: Ordinance Status: Individual Item Ready
File created: 3/3/2021 In control: City Council
On agenda: 3/22/2021 Final action:
Title: Public hearing and first reading of an ordinance regarding a proposed rezoning to apply a Special Use Permit to allow short term rental of a single-family residence in the C-2 Central Business District at 307 W. Bridge Street.
Attachments: 1. Aerial, 2. Site Plan, 3. Land Use Maps, 4. Notification List, Map and Responses, 5. Photos, 6. SUP21-043 (MS) PC Draft Minutes 3-2-21, 7. SUP21-043 Ordinance
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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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 short term rental of a single-family residence in the C-2 Central Business District at 307 W. Bridge Street.

 

Body

BACKGROUND / RATIONALE:

Case No.:                                                                                    SUP21-043

 

Council District:                                          1

 

Owner/Applicant:                                                               Jami Carr

                                                                                    401 Buffalo Springs Spur

                                                                                    New Braunfels, TX 78132

                     (210) 683-2650

                     carr2casa@gmail.com

 

Staff Contact:                                           Matthew Simmont, AICP

                                                                                    (830) 221-4058

                                                                                    msimmont@nbtexas.org

                                                               

The subject property is located northeast of the intersection of North Academy Avenue and West Bridge Street and is zoned C-2 Central Business District. The applicant is requesting a Special Use Permit (SUP) to allow short term rental of the 1,300 square foot residence on the lot.

 

The house has 2 bedrooms and 2 bathrooms. Per the Zoning Ordinance, maximum occupancy of this residence if rented as an STR would be limited to 6 occupants. The minimum off-street parking requirement for this proposed STR is 2 spaces, or one per sleeping room. The existing paved driveway can accommodate at least three cars.

 

If the SUP zoning is approved, a separate short-term rental permit is also required.

 

Surrounding Zoning and Land Use:

North -                      Across Railroad ROW, C-2/ Single-family residence

South -                      C-2/ Single-family residence

East -                     C-2/ Single-family residence

West -                      Across W. Bridge St., C-2/ Single-family residence

 

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 centrally located within a short drive to many visitor attractions, and in an area characterized by a mix of residential and commercial uses, including existing STRs.);

§                     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.); and

§                     Whether the request is consistent with the Comprehensive Plan.

 

ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:

City Plan/Council Priority: Envision New Braunfels Comprehensive Plan

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, in close proximity to a Recreational River Corridor and Existing Tourist/Entertainment, and Outdoor Recreation 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 March 2, 2021 and recommended approval (7-1) with Commissioner Reaves opposed and Commissioner Gibson absent.

 

STAFF RECOMMENDATION:

Approval in accordance with the ordinance requirements, including 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. Any significant changes to the site plan will require a revision to the SUP.

3.                     Occupancy of the short-term rental is limited to a maximum of 6 guests.

4.                     All other standards of the Zoning Ordinance will also be met, and a separate Short-Term Rental Permit is required.

 

 

Notification:

Public hearing notices were sent to 16 owners of property within 200 feet. The City has received two responses in favor (#9 & 11) and six responses (#2, 3, 4, 12, 15, 16) in objection to the request. Opposition represents more than 20% of the notification area. Pursuant to state statute, a ¾ majority of City Council (6 votes) will be required for approval of the applicant’s request unless that opposition changes.

 

RESOURCE LINKS:

Chapter 144, Sec. 3.3-8 (C-2) of the City’s Code of Ordinances:

https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_C

H144ZO_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_C

H144ZO_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_C

H144ZO_ARTVDEST_S144-5.17SHTEREOC

 

ATTACHMENTS:

1.                     Aerial Map

2.                     Site/Floor Plan

3.                     Land Use Maps (Zoning, Existing Land Use, Future Land Use Plan, Short Term Rental)

4.                     Notification List, Map and Responses

5.                     Photographs

6.                     Draft Planning Commission Meeting Minutes

7.                     Ordinance