Council approved a special-use permit to allow for the short-term rental of the residence, which was previously zoned as agricultural predevelopment. The 8.4 acres have one home that could accommodate up to eight people, according to the city.
“I understand the concern of some of the neighbors, but at the same time, one occupant per acre overnight is a pretty good ratio. ... If the concern is density, it doesn't change the density,” said Harry Bowers, council member for District 3 and mayor pro tem.
The applicant initially had a second reading during the June 12 regular meeting but requested a postponement to June 26. At the June 26 meeting, the applicant requested a postponement again, but City Council sought to resolve the agenda item and considered the rezoning.
The backstory
According to Christopher Looney, the applicant has applied to rezone the home three separate times since November and has been denied by the council each time.
- In January 2022, the applicant met with staff to discuss the zoning process to allow boat and RV storage on the property.
- In November 2022, council denied the request to rezone the property to C1A zoning with special-use permit to allow around 80 townhomes to be constructed.
- In early 2023, the applicant applied for ZHA zoning to allow the construction of around seven zero-lot line homes, which the council denied.
- In May, council ultimately approved the request to rent out the property as a short-term rental.
Sorting out the details
Courtney Phelps, the applicant’s wife, attended the meeting to represent the property owner and said they don’t think sound will be an issue due to the acreage around the home.
“We cannot find another Airbnb that is anywhere close to being this isolated,” Phelps said.
Steven Clark, a nearby resident of the property spoke against the rezoning request and said he does not think that it aligns with the Envision New Braunfels economic development plan. He also voiced concerned about the gate that blocks off emergency access to the property.
“Because it is surrounded by surrounding residential,” City Attorney Valeria Acevedo said. “If there's a call for service, we're obviously going to have to dispatch an ambulances or fire trucks to that property.”
Ultimately council made a motion to approve the SUP rezoning request with the addition of access for fire and EMS vehicles that are inspected annually, which was approved in a supermajority vote due to over 20% of the residents within 200 yards of the property not being present. District 1 Council Member Andrés Campos was not present at the meeting.
