PRESENTER: Presenter
Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director
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SUBJECT: Title
Public hearing and first reading of an ordinance to rezone Eickenroht Addition, Block 1, Lot 4, from R-3 (Multifamily District) to R-3 SUP (Multifamily District with a Special Use Permit for Short-Term Rental), currently addressed at 1236 South Academy Avenue
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
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Case No: |
SUP23-458 |
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Applicant/Owner: |
Kristen Nemier |
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2237 Windswept Way |
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New Braunfels, TX 78132 |
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(210) 857-5359 | k.b.2paws@gmail.com |
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Staff Contact: |
Mary Lovell, Senior Planner |
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(830) 221-4051 | mlovell@newbraunfels.gov |
The subject property is approximately 0.2 acres and is located on the west side of South Academy Avenue, approximately 250 feet south of its intersection with Business 35. The residence is 1,198 square feet in total interior livable area with 2 sleeping areas and 2 bathrooms. 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 a STR with 2 sleeping areas and 2 bathrooms is 6 occupants, and the minimum off-street parking required is 2 improved spaces. A driveway with two paved parking spaces must be available for use prior to the issuance of a Short-Term Rental Permit.
Surrounding Zoning and Land Use:
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North |
C-3 |
Commercial |
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South |
R-3, R-2 |
Residential Low-Density |
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East |
R-3, C-3 |
Residential Low-Density, Commercial |
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West |
R-3 |
Residential Low-Density |
ISSUE:
The proposed rezoning is consistent 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 Plan: The subject property is located within the New Braunfels Sub Area, near existing Educational, Market, and Employment Centers and within Outdoor Recreation and Tourist Center Areas.
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 currently 8 approved short term rental SUPs and 5 active short-term rentals within one-half mile of the subject property.
FISCAL IMPACT:
N/A
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 and floor plan. Any significant changes to the site plan or floor plan will require a revision to the SUP.
3. A driveway with two 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 January 3, 2024, and unanimously recommended approval (7-0-0).
Mailed notification as required by state statute:
Public hearing notices were sent to owners of 20 properties within 200 feet of the request. To date, the city has received 8% responses in opposition.
Resource Links:
• Chapter 144, Sec. 3.3-3 (R-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=PTnodeId=PTIICOOR_CH144ZO_ARTVDEST_S144-5.17SHTEREOC <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH144ZO_ARTVDEST_S144-5.17SHTEREOC>