PRESENTER: Presenter
Christopher J. Looney, AICP, Planning and Development Services Director
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SUBJECT: Title
Public hearing and first reading of an ordinance regarding a proposed rezoning of approximately 0.21 acres to apply a Special Use Permit to allow short-term rental of a residence in the “C-3” Commercial District, in City Block 1072, Lot 15, addressed at 220 Perryman Street.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case No.: SUP22-333
Applicant/Owner: Blayne McQuone
900 NE Loop 410, D13
San Antonio, TX 78209
(210) 239-5025 | Rosi@EquityDepot.io
Staff Contact: Kaitlyn Buck
(830) 221-4087 | KBuck@NewBraunfels.gov
The subject property is approximately 9,000 square feet in area located on the north side of Perryman Street approximately 58 feet west of the intersection of South Castell Avenue and Perryman Street, one block north of IH-35.
The 1952 residence is roughly 948 square feet in size with 3 bedrooms and 1 bathroom with a 168 square foot attached storage area and attached carport. There are also two additional detached storage structures on the subject property. This Special Use Permit (SUP) application is proposed to allow the short-term rental (STR) of the existing home. Per the Zoning Ordinance, the maximum occupancy of an STR with three bedrooms and one bathroom is 5 occupants, and the minimum off-street parking is 3 spaces. There are two existing paved parking spaces, but one additional paved parking space will be required to accommodate the minimum requirement.
Zoning and Land Use:
North - C-3 SUP / Single family residence with an SUP to allow Short Term Rentals
South - Across Perryman Street, M-1 / 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 would be in accordance with the following actions from Envision New Braunfels:
• Action 1.3: Encourage balanced and fiscally responsible land-use patterns.
• Action 1.14: Ensure regulations do not unintentionally inhibit the provisions 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 Future Market Center.
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 the SUP 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.
The proposed STR is located near the Business 35 corridor and is a short drive or bicycle ride to many visitor attractions. The neighborhood is a transitional area that contains a mix of residential and commercial uses. There are currently 8 active STRs within one-half mile of the subject property,
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. 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. A paved driveway with three paved parking spaces must be available for use prior to the issuance of a Short-Term Rental Permit.
The Planning Commission held a public hearing on September 7, 2022, and unanimously recommended approval (9-0-0).
Notification pursuant to state statute:
Public hearing notices were sent to 19 owners of property within 200 feet of the request. To date, one response has been received in favor from property number 19 on the notification map, and no responses have been received in opposition.
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?>
• Chapter 144, Sec. 3.6 (SUP) of the City’s Code of Ordinances:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?>
• 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?>