PRESENTER: Presenter
Applicant/Owner: Evelyn Joyce Orr
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SUBJECT: Title
SUP22-169 Public hearing and recommendation to City Council regarding a proposed rezoning to apply a Special Use Permit to allow short term rental of a residence in the “C-3” Commercial District addressed at 229 W. Merriweather Street.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: Council District - 5
BACKGROUND INFORMATION:
Case No.: SUP22-169
Applicant/Owner: Evelyn Joyce Orr
9320 Muskberry Cove
Austin, TX 78717
(512) 517-2402 | ejo3226@hotmail.com
Staff Contact: Laure Middleton
(830) 221-4054 | LMiddleton@nbtexas.org
The subject property is located on City Block 1072 between Business 35 to the north, IH 35 to the south, and two city blocks west of Seguin Avenue. The house is approximately 756 square feet with two bedrooms and one bathroom built in 1935 on Lot 7, New City Block 1072, Highway Addition Subdivision.
With one bathroom and two bedrooms, the maximum occupancy would be 5 guests. A minimum of two off-street paved parking spaces are required. The driveway is large enough to accommodate at least four spaces.
Surrounding Zoning and Land Use:
North - Across Merriweather St., C-3 / Mobile home park
South - C-3 / Single family residence
East - C-3 / Single family residence
West - C-3 / Single family residence
ISSUE:
The proposed SUP meets all Zoning Ordinance requirements for a short-term rental, and is consistent with the following actions from Envision New Braunfels:
o Action 1.3: Encourage balanced and fiscally responsible land use patterns.
o Action 1.14: Ensure regulations do not unintentionally inhibit the provisions of a variety of flexible and innovative lodging options and attractions.
o Future Land Use: The property is situated within the New Braunfels Sub-Area, a transitional mixed-use corridor, in close proximity to Market Centers, and a short drive to Tourist Centers in Central New Braunfels.
The proposed STR is located near downtown within a mixed use corridor along Elliot Knox and IH 35. There are currently 7 active STRs within one-half mile of the subject property (see attachment). Short term rental standards in the Zoning Ordinance help to ensure proper measures are in place to protect public health, safety and neighboring properties.
FISCAL IMPACT:
If approved, the property will be subject to local and state hotel occupancy tax (HOT).
Recommendation
RECOMMENDATION:
Staff recommends approval with the following conditions:
1. Paved off-street parking for at least two vehicles to be provided in accordance with City standards.
2. The residential character of the property must be maintained.
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. The applicant will register the short-term rental and create an account for online payment of hotel occupancy taxes.
6. All other standards of the Zoning Ordinance will also be met.
Notification:
Public hearing notices were sent to 18 owners of property within 200 feet of the request. To date, the city has received no responses.
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?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=PTIICOORCH144ZO_ARTVDEST_S144-5.17SHTEREOC