Tuesday, March 30, 2010

No solution yet for short-term rentals (The New Braunfels Herald-Zeitung)

No solution yet for short-term rentals (The New Braunfels Herald-Zeitung)

No solution yet for short-term rentals (The New Braunfels Herald-Zeitung)

Posted: 29 Mar 2010 11:00 PM PDT

Whether through zoning, law enforcement or all-out prohibition, city boards on Monday continued to weigh solutions to the ongoing and controversial issue of neighborhood vacation rentals.

Because of the sometimes lewd, loud and often drunken behavior of summer tourists, both the New Braunfels City Council and the city Planning and Zoning Commission have spent the past two months discussing possible new rules for rental owners and tenants, as well as a total ban on short-term rentals in residential areas.

The recent dialogue also has raised issues over the accuracy of the city's zoning maps, and the city's ability to enforce its current laws against rental properties operating without proper permits.

On Monday, both council and the planning commission went more in depth to address what has become an increasingly layered issue during a special workshop at the New Braunfels Civic Convention Center.

"We just need to get everything out on the table," said Mayor Bruce Boyer.

The planning commission drafted a set of guidelines in February that would include imposing noise restrictions and limiting occupancy in short-term rental properties. When those rules arrived this month for council approval, Mayor Pro-tem Kathleen Krueger suggested banning overnight rentals in neighborhoods as a better way to address the problem.

"I think it was prudent to look at those issues, but perhaps we should first look at where they should be allowed," she said Monday.

Krueger has suggested a prohibition on future short-term rentals in all residential zoning categories.

Currently, people seeking to rent out their homes must receive a special use permit from the city, which typically draws a number of people into council chambers to lobby for and against each separate short-term rental.

"Council and planning and zoning are forced to make a subjective decision on each one of these, and it's usually based on how much opposition shows up," said planning commission member Troy Bearden. "I don't think that's right, and I think the ordinance clearly states that this is not an allowable use in a residential area."

The problem is that because of a different zoning system used prior to 1987, many residential areas are technically zoned commercial — something that has never been addressed on a large scale.

The panel discussed placing a possible moratorium on issuing permits for rentals until after making some possible changes to its zoning maps.

"Just so we can iron out these issues without them continuing to come up," Boyer said. "If we want to look at not allowing (rentals), we need to first make sure our zoning maps are consistent with the use in those neighborhoods."

Without making any drastic policy decisions, the panel also suggested that many of the problems might be solved by enforcing the current city laws and cracking down on rentals that are operating illegally.

And residents in past meetings and some on the panel Monday have questioned how big of a problem rentals really are, and whether the city should change anything.

City staff said they've investigated 15 properties over the past two years for operating illegal rentals, the bulk of which were either unfounded or thrown out in court. Police staff did not have data available for how many calls for noise and complaints have been made against short-term rentals.

"It's the same people who have demonized this issue," said Planning Commission Chair Cheryl Casteel. "I don't think any of us can predict how New Braunfels is going to grow down the road. I still feel we need to (award permits) on a case-by-case basis. Otherwise, I think it will just lead to more problems."

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