Planning commission approves neighborhood petition to restrict short-term rentals on Barracuda Avenue

The Galveston Planning Commission voted to approve a staff-recommended rezoning petition, 25PDash047, that would redesignate a mapped Barracuda Avenue area from Residential Single Family (R-1) to Restricted Residential Single Family (R-0), a district that disallows new short-term rentals.

City planning staff said the petition met the 75% owner-occupancy threshold required to establish an R-0 zone, noting that 82% of the dwellings in the mapped area were owner-occupied. "Short term rentals are not allowed in the R-0 zoning district," Pete, planning staff, told the commission, and he said the existing property at 302 Barracuda operating as an STR would become a legally nonconforming use if the rezoning is approved. Staff recommended approval and said the city council will take final action on the case on Dec. 11.

Neighborhood speakers urged the commission to limit STRs to preserve family character and safety. Ruth Finkelstein Suller, who identified herself as a Barracuda resident, said the neighborhood ‘‘knew our neighbors’’ when she moved to Galveston and added, "By having a short term rental, I don't know who's there." Mary Jo Nashke recounted a party incident she attributed to a renter in which a stranger jumped a fence toward a child, and she described STRs as operating like hotels that undercut residents and local businesses.

Commissioners questioned technical and policy details during staff Q&A. The city attorney said the "dangerous and dilapidated" criterion referenced in the staff report appears to be a local requirement, and staff clarified there is no minimum dwelling size for qualifying an R-0. Commissioners also probed whether STR registration is tied to the owner or the property; staff and the attorney explained that the registration is tied to the owner but the nonconforming land-use status remains with the property so long as the use does not lapse for more than 365 days. If a property’s STR registration lapses for 365 days, it loses its legally nonconforming status.

One commissioner warned that R-0 is "a really bad tool for solving an issue" but acknowledged the city has limited options under state law; the chair said he was not a fan of R-0 but was sympathetic to neighbors. A motion to approve 25PDash047 with staff recommendations passed; one commissioner recorded a "no" vote. The commission's approval now goes to city council for final consideration on Dec. 11.

If the council approves the rezoning, the existing STR at 302 Barracuda would continue to operate only as a legally nonconforming use and would be required to maintain all STR registration and licensing requirements to retain that status. New owners who wish to operate an STR would need to reregister within the city's required timeframe to preserve the nonconforming allowance.

The commission's action changes what future property uses are allowed in the mapped area but does not immediately force existing registered STRs to cease operation so long as registration and other STR rules remain current. The council hearing is scheduled for Dec. 11 to decide the petition's final disposition.