Planning Commission - Regular Meeting

Welcome to the New Braunfels Planning Commission meeting. We're a nine member commission appointed by city council to make recommendations on a variety of zoning, land use, and development related request. Please note to provide comments during the allotted time for citizens communications or for an item posted on this agenda, all individuals are asked to sign in. If you have not done so, please do so at the table at the entrance hall. At this time, I'd like people to silence or turn off their phones unless you have or an emergency person on call.

Could we get a roll call, please, Victoria? Here.

Commissioner Alsop.

Here.

Commissioner Brazier. Here. Commissioner Henry.

Here.

Commissioner Nolte?

Here.

Commissioner Rudy? Here. Vice Chair Taylor?

Here.

Chair Soniet?

Here.

We have a quorum.

Thank you. We have a motion regarding minutes of our last meeting? Make a motion to approve.

Second.

We have a motion and a second. All in favor? Aye. All opposed? Nay.

Motion carries. This time is for persons to address the planning commission on any issues or items not on the agenda. It is a violation of the Texas Open Meetings Act for the commission to address, discuss, or take action on any items not on the agenda. Please note each speaker is limited to three minutes and must state their name and whether they are resident or non resident for for our records. Anyone who wishes to speak on issues or items that are not on the agenda may do so now.

Anyone care to come forward? Seeing none, we will move on to our regular meeting. And the individual items are the first one is w v r two six dash one two one, discuss and consider from section one one eight dash four five b of the subdivision planning ordinance to allow a proposed resident residential lot that does not include the minimum required street frontage with the replat of Landor Park Islands Lot 33 A, 33 B, And 33 C.

Good evening chair and commissioners Dana Moses with the City of New Braunfels neighborhood and community planning department. The subject property is located on the North Side of Lakeview Boulevard and West of Lakeview Circle. The applicant is requesting an exemption from section one eighteen forty five b in the subdivision plotting ordinance to allow for proposed residential lot that does not include the required minimum street frontage with the replat of the Land Of Park Highlands, which consists of Lot 33A, 33B, and 33C. Staff recommends approval of this waiver request. I'm here to answer any questions at this time.

Thank you. I have a question. Looking over the criteria Especially item two, what creates the hardship. And I don't see a hardship in that. I'm not necessarily opposed, I just don't understand exactly how staff came to the conclusion that there was a hardship.

Matthew, you can correct Yes,

the request is not for a variance to the requirements. So waivers are don't have to prove a hardship to the land. That is one of the components that the Planning Commission can take into consideration with recommendation on the request. But it doesn't require a hardship to be proven.

Okay, I'm still struggling with number because it seems to call for a hardship.

That's one of the components of consideration.

But not necessarily in line in the sentence.

Exactly, exactly. Okay. Any other questions for Steph?

Thank you. Thank you.

So this is the proposed plat we're looking at right here? Yes. How is it currently platted? Is it all?

It currently is platted as three lots, which is 33A, 33B and 33C. The lot that is directly south of Lot 34B, which is Lot 33D where arrows are covering it up. That's the newly proposed fourth lot.

Dana, if you go to the previous slide, can see the current configurations showing the three lots currently. And then the four lots you can see on the slide with the drawing here.

The resulting lot meets all the other criteria for a lot?

Yes ma'am. It meets the 100 foot lot depth and the lot width requirement of 60

setbacks and everything,

is it buildable? Yes.

So it's zero road frontage I'm seeing right?

Yes, that it does Yes, that's correct.

Only one of the lots has frontage.

Thank you, Dana.

Thank you, sir.

The owner is here or is representative, if

you would like to speak, please do so. Good evening, Commission. James Ingalls with Inc. Civil. Corey was going to be here tonight, but he didn't realize his son's sports banquet also is going on right now. So I told him I would cover it. If we could go back to the previous slide. So Or actually two slides back to show the old configuration. So we did this plat for Cory, oh gosh, twelve, thirteen years ago. And Beth Miller right here, she owned the original property and Cory bought this tract.

Then the one different family bought the one in the back. Since then, Cory's daughter, Sylvia, is about to get out of college, and she is wanting to move out here by her mom and dad and basically buy that 60 by 100 lot. So the access out there is actually the old driveway that has always been there when Beth had it. They didn't move that. If you look at the plat if you wanna go forward now. Sorry. Thank you. There's a few other items that we did clean up on it. You'll see the lot lines don't look exactly the same. That was due to some fences and driveways and things like that that when the plot does come that we clean that up with this.

But the intent was so Corey could have his daughter basically build a house back there. This is zoned r two right now which allows two residences on it. It's either way they're going to build it on here. He just wanted to keep it clean for her so she could have her own mortgage and do all fun stuff. But, anyway, if you guys have any other questions, I'd be happy to answer.

The other owners

Yes ma'am.

Of the lots are in agreement to this?

Yes ma'am. So actually this property is actually on this track today, Beth Miller. And then the track in the back, all of them we have adjusted to make this work for all of the little pieces with the driveways and the fences and their gardens and all that good stuff. But yes, all three of them are on board. And all of them will have to sign the plat as

well. Okay.

Yep.

Thank you, James.

Thank you. Did you

have So, a does the, I mean, so y'all are sharing this driveway from the frontage to get to the very back?

Yes, ma'am.

Okay.

And the old one that was on the original plot, we actually went and surveyed the limits of the paved driveway that's there today. So this one actually reflects the current drive. The old one was a close version. If we It's about halfway. I don't know the add the address might be on the application. If you think about Lakeview from California before you start to go down the hill, it's pretty close to halfway on the Northwest Side Of Lakeview. It's at 503 Lakeview. Thank you. 03 Lakeview Boulevard.

So James, let get this clear. Currently this is it's Platador 2, maybe you can put townhomes on it. So this is shared access just like you would on any other higher density project. And you're just adding another unit to the project for shared access, okay. Yes. And

if I could just provide a little clarification there what shared access means. Essentially what it means from the city's perspective is any permits that come in for improvements on that property, the city would not be able to issue any permits that conflicted with that access easement. So essentially, the actual improvements on the property, they're all the responsibility of the property owner, But the city would be prevented or would not be able to issue any permits for like anything that would block that access onto any of those properties.

Thank you, James. Thank you. Is not a public hearing?

Correct. Although we do always give the opportunity for the public to provide input.

I will open this up as a public hearing. If there's anyone here that would like to speak in favor of this item or against it, please step forward. Seeing none, I will close public hearing and ask for a motion or discussion please.

Motion to approve.

Second. We have a motion and a second. Could you do a roll call please Victoria?

Commissioner Nolte.

Aye.

Commissioner Rudy. Aye. Vice chair Taylor.

Aye.

Chair Soniet.

Aye.

Motion carries.

Motion carries. Thank you. Item b, s u p two six dash one two two public hearing and recommendation to city council requested by Paul Penagua of approx approximately 0.3 of an acre out of the City Block Subdivision 3007 Lot 4 from C 2 General Business District to C Dash 2 S U P General Business District with a special use permit to allow allow a short term mantle of a resins currently addressed at 1258 West San Antonio Street.

Good evening chair and commissioners. Amanda Myshinski with this with the city of New Braunfels neighborhood and community planning department. The subject property is approximately one 0.3 of an acre in size and located on the Northwest side of West San Antonio Street. It's also one block southwest of the intersection of West San Antonio Street and South Walnut Avenue. The property is bordered by r two and c two zoning, and adjacent land uses include commercial and residential, as you can see on the map.

The nineteen thirties residence is roughly 1,141 square feet in size with two bedrooms and two bathrooms. The maximum the maximum occupancy of a short term rental with this many bedrooms and bathrooms is six occupants, and the minimum off street parking spaces is two spaces. The applicant will be required to provide a paved driveway with two parking city's long term plans, such as our comprehensive plan, strategic plan, as well as our fiscal impact analysis. Our staff recommends approval with the conditions listed in the staff report. And notices were sent to 18 properties within 200 feet of the request.

As of today, we've only received three responses. I can answer questions on behalf of staff. This concludes my presentation.

Commissioners, any questions? What was the objection, just they didn't want a short term rental in neighborhood?

They didn't write anything. Thank

you.

I have question. What's the closest proximity for the other short term rentals?

There's a really close one. I looked within about I zoomed out as much as I could on the map and haven't been able to find one.

So at least.

I would say at least over a mile. Okay.

Thank you Amanda. Amanda, before you go, sorry.

It's okay, you'll love me, it's fine.

The city is recommending approval typically in districts where there's not any short term, I assume you're assuming approval because it's already zoned commercial?

Correct. And also even if the entire block or the entire side of that block were to request for short term rental given the zoning and giving the nature of West San Antonio as well as the West End planned. It just fits.

Okay. Thank you.

I'm pretty sure the neighboring property is actually being operated as a business. What

to what we're residential. And

Any further questions?

I remember when we all had one around this area around Lee Street, but it was on the R2 side and the staff didn't recommend approval. So if it was on the other side in the R2s, would that be something y'all would not be okay with? Or because it's in commercial y'all are okay with?

So it would depend on where it would be located. So if let's say that property owner requested that the corner of West Mill Street and North Hickory Avenue if they requested a short term rental. We may potentially look at it as a possibility. Of course, I would have to do more research on the property in and of itself. And of course, we'd also have to hear from the neighbors. But if it were mid block, like let's say the middle of West Bridge Street, staff might have more concerns.

And also keep in mind that the R2 base zoning district would have to change for short term rental to even be considered.

Exactly.

So that be a significant departure most likely from what the current pattern of development is on that half of the block and to the north.

Did approve one like that recently that was the NAR2.

To change the base zoning to a CO, I think it was a CO.

That's correct. But I think with that they were surrounded mostly by commercial.

Yeah, some different, yeah, the circumstances it's definitely a case by case basis.

Yeah. That R2 is all single family.

Yeah. It's an

interesting zoning for that area because that is heavily

So that's also one of our legacy zoning districts. We, I believe, and correct me if I'm wrong y'all, I believe we've stopped using those zoning districts in the late eighties, which is before I was even thought of. And yeah, so that's that's probably why those uses and that zoning is still there because back in the late eighties, those were already established neighborhoods. I would also like to note on top of that, C2 already allows for hotel and motel. So if the property owner were to knock down the house now, they can build a boutique hotel and we wouldn't even have to be here.

Thank you. If the applicant is here and would like to speak, please come forward.

Hello. My name is Paul Paniagua. I'm the owner of the property at that residence. Thank you for all the information you gave him today. I have another question in relation to the property.

I received an email of some billing from, I think, some fraudulent individuals. I didn't know who to address that with. I I worked a night shift. I'm an RN at night. So this morning, I looked into my emails and I saw this email, which came at 06:39, and it's asking me to pay someone in a wire $10,903 I didn't know who I should address this to.

Sir, we can speak with you about that separately but that wouldn't be this commission would not have any part in that. But yes, exactly what you described is true that there have been occasions of fraudulent requests for payment and that is not coming from the city, it is from a bad actor doing So that's definitely not coming from us, but we can we're happy to talk with you and give you resources to prevent any scam type activity. Thank you for

bringing that.

I'll address that with them later, but I just thank you for the opportunity to change my zoning. Me and my wife just want to improve our homes so that way our community can enjoy the home for guests and for people in our community. Thank you.

Thank you. This is a public hearing. Anyone would like to speak in favor of this item or opposed to this item, please step forward. Seeing none, I will close the public hearing. Commissioners?

Make a motion for approval. What's the staff recommendation?

Could we have a roll call please?

Commissioner Allen. Aye. Commissioner Alsop. Aye. Commissioner Brazier. Aye. Commissioner Henry.

Aye.

Commissioner Nolte.

Aye.

Commissioner Rudy. Aye. Vice Chair Taylor. Aye. Chair Sougnet.

Aye. Motion carries. It is approved. C, s UP26Dash104, public hearing and recommendation to city council requested by Maria Chavez of approximately 0.2 of an acre out of the City Block Subdivision, 1072 Lot 10 from C 3 Commercial District to C Dash 3 S U P Commercial District with a special use permit to allow short term rental of a residence currently addressed at 284 Perryman. Street.

Amanda?

Thank you, chair. The subject property comprises of approximately 9,000 square feet on the Northwest Side Of Perryman Street and is bordered by C 3 and M one zoning. Surrounding land uses include a parking lot, a lumber yard, a church, and a residence. The nineteen fifties residence on the subject site is roughly 1,012 square feet with two bedrooms and one bathroom. The the maximum occupancy of a short term rental with this many bedrooms and bathrooms is five occupants.

Minimum off street parking is two spaces, and the property is sufficiently paved for those parking spaces. The request aligns with our with the city's long term plan such as the comprehensive plan, strategic plan, as well as our fiscal impact analysis. Staff recommends approval with the conditions list in the staff report. As of today, we have received one response in favor from one of the 11 properties that we have noticed. I can answer questions on behalf of staff. Thus concludes my presentation.

Commissioners, any questions of staff? Seeing none, thank you. This is a public hearing. If the owner is here and would like to come and speak, please do so.

Hello. My name is Piper Olson. I'm the agent for Maria Chavez. She's out of town, so I'm coming to represent her. This property is actually right off of I 35.

It's only one street over. So I think with the surrounding properties being the lumberyard, which is right in between I 35 and the home, on the other side of McQueeney, right here, that is a bar. So it makes it really difficult for her to rent out to, like, families or or long term because they don't wanna be right next to the bar. And then right here is a church, and this is an abandoned home, and this would be the mill the wood mill. So being that that's what's around the property, she's had a difficult time getting people in there to rent it long term.

So this just makes sense for a short term. With the access that you have from the freeway, you don't have the people that are coming in to use it entering into neighborhoods and causing more traffic. It's very easy to get in and out. It's really close to downtown. It's surrounded by a ton of commercial.

It just makes a lot of sense to to have it there. This neighborhood is also going through gentrification and becoming remodeled and looking nicer. Having the short term rental there will also help encourage that because in order to keep it successful, they have to keep the property very nice. So I think that'll help also just with the neighborhood in general. And I just think that with where the property is located in comparison to the R2, it's a good segue from the residential into the commercial, combining both because it will be used for sleeping, showering, the same kind of thing that a residential home would be used for, yet surrounded by commercial and used in a commercial way as well.

That's pretty much I have.

Commissioners, any questions?

Oh, there was one more thing I was gonna add. We they'd we have done the the driveway already to make it commercial, and we've replaced all of the windows because it's a very old house to make it fire friendly for when we when we have that done. So we've done everything that we can to make it ready for this. Thank you.

Thank you. This is a public hearing. If anyone would like to come forward, speak in favor of this item or in opposition, please step forward. Seeing none, I will close the public hearing. Commissioners?

Motion to approve with staff recommendations. Second.

We have a motion and a second. Could we please have a roll call?

Commissioner Allen. Aye. Commissioner Alsop.

Aye.

Commissioner Brazier. Aye. Commissioner Henry. Aye. Commissioner Nolte.

Aye.

Commissioner Rudy. Aye. Vice Chair Taylor. Aye. Chair Sonier. Aye. The motion carries.

Motion carries and is approved. Thank you all for your time. This is, we have no other items on the agenda. We are adjourned. Thank you.