PRESENTER: Presenter
Jean Drew, AICP, CNU-A, Planning & Development Services Assistant Director
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SUBJECT: Title
Approval of the second and final reading of an ordinance regarding a proposed rezoning to apply a Special Use Permit to allow short term rental of a residence in the “C-1” Local Business District, Lot B South 70 feet of Lots 1 & 2 of City Block 5067, addressed at 262 N. Union Avenue.
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DEPARTMENT: Planning & Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case No.: SUP22-270
Applicant/ Owner: Jessica Palmer
967-B N. Academy Avenue
New Braunfels, TX 78130
(210) 410-1110 | Jessica@veteranspoint.com
Staff Contact: Laure Middleton
(830) 221-4054 | LMiddleton@nbtexas.org
City Council held a public hearing on August 22, 2022 and unanimously approved the first reading of the ordinance with staff recommended conditions (6-0).
The subject property is situated on North Union Avenue between East Main Street and East Commerce Street, one block north of Schlitterbahn. It is improved with a 1,314 square foot, 2 bedroom, 1 bath residence and a 380 square foot detached garage, both built in 1900. The applicant intends to add a bathroom to the home and convert the garage into a bedroom with a full bath resulting in a total of 3 bedrooms and 3 bathrooms.
The applicant’s request is to allow short-term rental (STR) of the home and converted garage. Per the Zoning Ordinance, the maximum occupancy of an STR with 3 bedrooms and 3 bathrooms is 8 occupants, and the minimum off-street parking is 3 spaces. The existing unpaved parking is accessed from the unpaved alley. The property has adequate space to pave the minimum required parking spaces.
Zoning and Land Use:
North - C-1 / Single family residence with proposed STR - Case #SUP22-271
South - Across alley, C-1 / Medical clinic
East - C-1 / Single family residence
West - Across N. Union, C-1 / Beauty spa
ISSUE:
The subject property fronts Union Avenue, a major thoroughfare providing access to seasonal river-related recreation and to a hospital with associated medical offices. The corridor includes a mix of residential and light, neighborhood commercial style uses that have retained a pedestrian scale character which has protected the integrity of the interior neighborhoods.
The proposed zoning change would be in accordance with 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, in close proximity to existing Outdoor Recreation, Tourist and Medical Centers, and within a short drive or bicycle ride to existing Market and Civic Centers and Downtown.
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 38 approved short term rental SUPs within one-half mile of the subject property, 35 are currently active. The subject property is located immediately adjacent to another proposed STR, also owned by the applicant.
FISCAL IMPACT:
If approved, the property will be subject to local and state hotel occupancy tax (HOT).
Recommendation
RECOMMENDATION:
Approval with the following conditions:
1. Pave the off-street parking area to accommodate a minimum of three vehicles 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 8 guests.
5. The detached garage (living space) may not be rented separately from the main house.
The Planning Commission held a public hearing on August 2, 2022 and unanimously recommended approval with conditions (9-0).
Mailed notification pursuant to state statute:
Public hearing notices were sent to 19 owners of property within 200 feet of the request. To date, the city has received no responses.
Resource Links:
• Chapter 144, Sec. 3.4-17 (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>