HomeMy WebLinkAboutO-2008-1501-M6 scup08-008/allow use of two rooms rooms at existing structure for bed and breakfast rental
REQUEST FOR CITY COUNCIL AGENDA ITEM
Aooropriation
Agenda Date Requested: November 10
R.q."".d By, Tim T,.ti.n, ~
Department: Planning:
Source of Funds:
NA
Amount Budgeted:
NA
NA
Account Number:
Report: ~Resolution: _Ordinance:_X_
Amount Requested: NA
Attachments:
Ordinance w/exhibits A-F
P&Z Staff Report
Aerial Map
Site Plan
Public Notice Responses
Budg:et Item:
NA
SUMMARY
The Planning and Zoning Commission, during its October 16, 2008, regular meeting, held a public
hearing to receive citizen comments regarding Special Conditional Use Permit Request #08-008. Dean
Wyman, property owner, seeks approval of Special Conditional Use Permit (SCUP) for operating a two
rooms rental bed and breakfast facility at an existing building located at 2226 Sens Road near the City's
Fire Station No.3. Salient features are as follow:
Zoning - The property is currently zoned General Commercial (GC).
SCUP - Per Section 106-441, Table A, Commercial Uses, Code of Ordinances, a Special Conditional Use
Permit is required to establish a proposed use within a commercial zoning district.
Primary Use - Section 106-1 of the Code of Ordinances defines bed and breakfast as a building, the primary
use of which is a single-family residence, in which sleeping rooms are available for overnight rental.
Operations- Per Section I 06-744, Code of Ordinances, Bed & Breakfast shall be operated by the resident
homeowners (Aleathea and Dean Wyman)
Parking- Per Section 106-839, Code of Ordinances, parking is provided in the front yard along Sens Road.
Parking formula is 2 minimum plus I for each rental room. However, five(5) parking spaces are provided.
Sign- Per Section 106-744, Code of Ordinances, bed and breakfast shall be allowed one (l) sign, not
exceeding three sq.ft. in area and non-illuminated. This sign may be either mounted on the building or located
in a landscape portion of the yard.
Room Rates - suggested by the owner for double occupancy with Continental breakfast:
#l(bedroom sleeps 2 guests) - Weekdays $95.00, Friday thru Sunday 125.00/day
#2(master bedroom sleeps 4 guests) - Weekdays $115.00, Friday thru Sunday $1 45.00/day
Amenities - Luxury robes, hair dryers, cable tv, vcr, am/fm radio, alarm, luxury vintage linen and comforters
Staff has found the request satisfies all applicable ordinance requirements. The subject property is
surrounded by Large Lot residential, Fire Station, and commercial/industrial establishments along Sens Road.
The partial use of the building as a bed and breakfast facility should have minimal impact on the surrounding
properties. In addition, Bed and Breakfast facility shall be registered with the office ofthe Texas Comptroller
of Public Accounts and is subject to hotel/motel taxes to the City.
Public Notices were mailed to the eight (8) property owners in the area. Five responses (4 in favor, I
opposed but at the public hearing favored the request) were received. The Planning and Zoning Commissjon,
by unanimous vote, recommended City Council approval of Special Conditional Use Permit #SCU08-008
with the conditions as listed in the SCUP attached herewith.
Action Required bv Council:
1. Conduct a Public hearing.
Consider Planning and Zoning Commission recommendation to approve Special Conditional Use
Permit #SCU08-008 to allow two-room rental bed and breakfast facility at 2226 Sens Road.
Lll~ ~g
Date
ORDINANCE NO. 1501- M ~
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER
106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA
PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCUOS-008 FOR THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: DESCRIBED AS 1-ACRE TRACT OUT OF
OUTLOT 241B, LA PORTE OUTLOTS, VOLUME 60, PAGE 11, H.C.D.R., ENOCH BRINSON SURVEY,
ABSTRACT NO.5, LA PORTE, HARRIS COUNTY, TEXAS, FOR CONVERSION OF TWO ROOMS AT
EXISTING BUILDING LOCATED AT 2226 SENS ROAD TO BED AND BREAKFAST RENTAL,
LOCATED WITHIN THE GENERAL COMMERCIAL (GC) ZONE; MAKING CERTAIN FINDINGS OF
FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 16th day of October, 2008, at 6:00 p.m. a Public Hearing
was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant
to due notice as required by the Open Meetings Law, Chapter 551 , Texas Government Code, to
consider the question and the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and
incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of
Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed
to all owners of all properties located within two hundred feet (200') of the properties under
consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "8", incorporated by reference herein and made a part hereof for all purposes.
"Section 3. On October 16,2008, the Planning and Zoning Commission of the City of
La Porte met in regular session to consider changes in classification, which were the subject of
such public hearing. The City Council of the City of La Porte is in receipt of the written
recommendations of the City of La Porte Planning and Zoning Commission, by letter dated on
the 20th day of October, 2008, a true copy of which letter is attached hereto as Exhibit "C",
incorporated by reference herein and made a part hereof for all purposes.
ORDINANCE NO. 1501- M ~
Page 2
"Section 4. Subsequent to receipt of the recommendation of the City of La Porte
Planning and Zoning Commission, the City Council of the City of La Porte called a public
hearing on the proposed classification changes and the recommendation of the Planning and
Zoning Commission on the 10th day of November, 2008, at 6:00 p.m., and pursuant to due
notice, to consider the recommendation of the Planning and Zoning Commission regarding the
possible reclassification of the zoning classification of the hereinafter described parcels of land.
There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a
part hereof for all purposes, a copy of the notice of public hearing.
"Section 5. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit OlE", and incorporated by reference herein and made a part hereof for all
purposes.
"Section 6. The conditions of the said Special Conditional Use Permit are as set forth
in the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached
hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special
Conditional Use Permit is as follows, to-wit:
Approximately 1.0 acre tract out of Outlot 241 S, La Porte Outlots, Volume 60, Page 114,
H.C.D.R., Enoch Brinson Survey, Abstract No.5, La Porte, Harris County, Texas".
"Section 7.
The City Council of the City of La Porte hereby finds, determines, and
declares that all prerequisites of law have been satisfied and hereby determines and declares
that the amendments to the City of La Porte Zoning Map and Classification contained in this
Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives
stated in the City of La Porte's Comprehensive Plan.
"Section 8. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the City for the time required
ORDINANCE NO. 1501- ~ ~
Page 3
by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
"Section 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this the / ~ day of ili2JL, 2008.
CITY~.LAPORTE ~
r'~ "1/.
By: ",-m~~l~
ALTON PORTER, Mayor
By: tt
MARTHA GILLET I City Secretary
APP~ ___ ~
By. ~ -;r: I
CLARK ASKINS, Assistant City Attorney ,
#SCUOS-QOS
THE ST ATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions ofthe Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 16th
day of October, 2008, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request
#SCU08-008, which has been requested for approx. I-acre TR 241B, La Porte Outlots, Volume 60,
Page 114, H.C.D.R., the Enoch Brinson Survey, Abstract No.5, City of La Porte, Harris County,
Texas. Dean Wyman, the property owner, is seeking approval of a permit for converting two rooms
of an existing structure for rent as a Bed and Breakfast facility at 2226 Sens Road. Per Code of
Ordinances, Bed and Breakfast is classified as a conditional use in General Commercial (GC)
zoning districts.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters pertaining to
the Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in dL~cussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's qlfice at (281) 471-5020
or TDD Line (28/) 471-5030 for fllrther information.
EXHIB n~ A~
820 S. 8th Street
a Porte, Texas 77571
I
281-471-1234
Fax 281-471-5763
City of La Porte
County of Harris
State of Texas
RE: PUBLIC NOTICE
CITY OF LA PORTE
SCU08-008
Before me, the undersigned authority, on this date came and
appeared Adam Yanelli, a duly authorized representative of The
Bayshore Sun, a semi-weekly. newspaper published and generally
distributed in the City of La Porte, Harris County, Texas and who
after being duly sworn, swears the attached notice was published in
The Bayshore Sun dated 9/28/08
this 30th
day of
My Commission Exprires 03-13-2012
,EXHIBiT B
City of La Porte
Established 1892
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Special Conditional Use Permit #SCU08-008
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during a regular meeting on October 16, 2008,
considered Special Conditional Use Permit Request #SCU08-008. Dean Wyman, property owner, seeks
approval of a two rooms rental bed and breakfast facility at an existing house located at 2226 Sens Road.
The Planning and Zoning Commission, by a unanimous vote, recommends that City Council
consider approval of Special Conditional Use Permit #08-008 with the following conditions in place:
1. This SCUP is specifically for the development of a bed & breakfast facility with two (2)
rental bedrooms.
2. Expansion of number of bedrooms for this facility shall be prohibited.
3. No person other than member ofthe family residing in the premises shall be engaged in such business.
4. . With the reconstruction/widening of Sens Road, two existing driveways shall be restricted to
only one driveway.
5. Screening and/or landscaping adjacent to residential area shall be required in accordance with
Section 106-444(a) of the Code of Ordinances.
6. Provide an irrigation system to ensure that all landscaping and screening is properly
maintained by the owner/developer.
7. Existing vegetation and trees shall remain in place along Sens Road and North 'H' Street.
8. All lighting in the parking lot shall be hooded and arranged to deflect light away from the nearby
residential properties in compliance with Section 106-521(a) of the Code of Ordinances.
9. Property line fence shall not be erected within the required landscaped portion of the front
yard setback per Section 106-797 ofthe Code of Ordinances.
10. All new signage shall require a separate permit from the City's Inspection Division.
11. This permit does not become valid until a Development Site Plan is reviewed and approved in
accordance with the requirements of the Development Ordinance.
12. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas.
Respectfully Submitted,
~~
Hal Lawler
Chairman, Planning and Zoning Commission
c:
Ron Bottoms, City Manager
John Joerns, Assistant City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
EXHIBIT C
#SCU08-OO8
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the lOtb day of November,
2008, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The
purpose of this hearing is to consider Special Conditional Use Permit Request #SCU08-008, which
has been requested for approx. I-acre TR 241B, La Porte Outlots, Volume 60, Page 114, H.C.D.R.,
the Enoch Brinson Survey, Abstract No.5, City of La Porte, Harris County, Texas. Dean Wyman,
the property owner, is seeking approval of a permit for allowing two rooms of an existing building
for rent as a bed and breakfast facility at 2226 Sens Road. Per Code of Ordinances, Bed and
Breakfast is classified as a conditional use in General Commercial (GC) zoning districts.
A regular meeting of the City COlmcil will follow the public hearing for the purpose of
acting upon the public hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the public hearing will be required
to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contacllhe City Secretmy's office at (281) 47/-5020
or TDD Line (281) 471-5030for further information.
EXH fB ITIJ
The B ·
281-471..1234
Fax 281-471-5763
820 S. 8th Street
La Porte, Texas 77571
re Sun
,~ City of La Porte
\ County of Harris
:1 State of Texas
RE: PUBLIC NOTICE
CITY OF LA PORTE
SPEC COND USE PERMIT
REQUEST #SCU08-008
undersigned authority, on this date came and
:,'" appeared Adam Yanelli, a duly authorized representative of The
,Y!i Bayshore Sun, a semi-weekly newspaper published and generally
ddistributed in the City of La Porte, Harris County, Texas and who
:,~~,;after being duly sworn, swears the attached notice was published in
f:W~~~)The Bayshore Sun te 10/26/08 .
a ',,!!Or:- i
Geneial."
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F/,:Sworn and subscribed before me this
October ,2008.
~Aard -
Notary Public
Harris County, Texas
28th
day of
My Commission Exprires 03-13-2012
f>>JJSrf tt:
City of La Porte
Special Conditional Use Permit # SCU 08-008
This permit is issued to:
Dean Wvman
Owner or Agent
621 E. St. Georoe Street. Gonzales. TX 78629-3545
Address
For Development of:
Bed and Breakfast (2-rooms rental)
Development Name
2226 Sens Road, La Porte, TX 77571
Address
Legal Description:
Approx. 1-acre tract out of Outlot 241. La Porte Outlots. Vol. 60.
Po. 114. H.C.D.R., Enoch Brinson Survev. Abstract 5, La Porte.
Harris Countv. Texas.
Zoning:
General Commercial (GC)
Use:
Bed and Breakfast
Permit Conditions:
1. This SCUP is specifically for the development of a bed & breakfast facility with two (2) rental
bedrooms.
2. Expansion of number of bedrooms for this faCility shall be prohibited.
3. No person other than member of the family residing in the premises shall be engaged in such
business.
4. With the reconstructionlwidening of Sens Road, two existing driveways shall be restricted to only
one driveway.
5. Screening and/or landscaping adjacent to residential area shall be required in accordance with
Section 106-444(a) of the Code of Ordinances.
6. Provide an irrigation system to ensure that all landscaping and screening is properly maintained
by the owner/developer.
7. Existing vegetation and trees shall remain in place along Sens Road and North 'H' Street.
8. All lighting in the parking lot shall be hooded and arranged to deflect light away from the nearby
residential properties in compliance with Section 106-521 (a) of the Code of Ordinances.
9. Property line fence shall not be erected within the required landscaped portion of the front yard
setback per Section 106-797 of the Code of Ordinances.
10. All new signage shall require a separate permit from the City's Inspection Division.
11. This permit does not become valid until a Development Site Plan is reviewed and approved in
accordance with the requirements of the Development Ordinance.
12. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development is
not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City
Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La
Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
Val' ion D: 10 D 1
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Staff Report
October 16, 2008
Request:
Requested Bv:
Requested For:
Present Zonin2":
Requested Use:
Back2"round:
Analvsis:
Wyman's Bed & Breakfast
Special Conditional Use Permit #08-008
Special Conditional Use Permit Request #SCU08-008
Dean F. Wyman, Property Owner
TR 241 B, a 1- acre (43,560 sq. ft.) tract out of Outlot 241, La Porte Outlots,
La Porte, Harris County, Texas. The property is located at 2226 SellS Road.
General Commercial (GC)
Applicant is seeking a Special Conditional Use Permit (SCUP) for the
purpose of developing a 2-rooms rental bed and breakfast facility at 2226
Sens Road. Per Section 106-441, Table A, Commercial Uses, Code of
Ordinances, a Special Conditional Use Permit is required for the proposed
development within a commercial zoning district.
Applicant is working towards developing or converting two rooms rental bed
and breakfast facility at the existing single-family dwelling (formerly a
trampoline business place) located at the intersection of North 'H' Street and
Sens Road. Harris County Appraisal District (HCAD) record shows this
house was built in 1907. The house is historic in nature and other building
features make it a unique structure. This is two story frame/concrete block
building with four bedrooms. There is an in ground gunite pool at the
property. The bed and breakfast facility, primarily a single-family
residence, where two sleeping rooms will be available for overnight rental
to the residents and visitors to the Bayshore/Galveston Bay area in the
southeast Harris County.
Zoning Ordinance Section 106-217 establishes the following review criteria
and conditions for approval of Special Conditional Use Permits:
. That the specific use will be compatible with and not injurious to
the use and enjoyment of the other property, nor significantly
diminish or impair property values within the immediate vicinity.
. That the conditions placed on such use, as specified in each
district, have been met by the applicant.
. That the applicant has agreed to meet any additional conditions
imposed, based on specific site constraints necessary to protect
the public interest and welfare of the community.
Bed & Breakfast
SCU08-008
Page 2 of3
Conclusion:
The subject property is in the vicinity of residential subdivision and
commercial/industrial developments along Sens Road. Sens Road, an arterial
with 60' right-of-way runs between Spencer Highway and State Highway
225. Harris County Public Infrastructure Department Engineering Division
has a plan for reconstruction and widening of Sens Road to 100' ROW from
Spencer Highway to North P Street. Land acquisition and construction
drawings by Harris County have been completed and project will proceed
soon. The transportation system should adequately accommodate through
traffic and continue to provide for free flow of people, goods and services.
There will be no new driveway added to this facility. The traffic flow within
and between neighborhoods and throughout the community should not be
affected by the proposed development. Existing roads are adequate to
support the said project.
Staff has reviewed existing facilities and services for each of the components
of the utility system for the proposed development. Existing water is
adequate for potable and fire protection needs. Sanitary sewer is available to
the property. As a developed property, storm drainage sheet flows to the
existing stoml sewer system along Sens Road.
If approved, the building and parking lot should comply with all applicable
ordinances of the City and State. As per Section 106-334 (h) (2) ofthe Code
of Ordinances, parking is restricted in the front and side yard. Existing
parking is located in the front yard as there is no appropriate location in the
rear yard. The bed and breakfast facility shall require four parking spaces,
which equals 2 minimum plus 1 for each rental room. The City's design
standard per Section 106-835 of the Code of Ordinances shall be applicable
for standard and accessible parking space size, and maneuvering aisle width
etc. The location of handicap parking space should be appropriate. Access
fTOm the parking lot to the building seems to be reasonable.
In addition, landscaping of the property shall be required in accordance with
Section 106-444(a) of the Code of Ordinances. Landscaping shall be
maintained by the owner. The building shall require a certificate of
occupancy, as regulated by Section 106-142 of the Code of Ordinances.
The partial use of the building as bed and breal,fast facility should have
minimal impact on the surrounding properties. Staff recommends approval
of Special Conditional Use Permit with the following conditions in place:
1. This SCUP is specifically for the development of a bed & breakfast
facility with two (2) rental bedrooms.
2. Expansion of number of bedrooms for this facility shall be prohibited.
3. No person other than member of the family residing in the premises shall
be engaged in such business.
Bed & Breakfast
SCU08-008
Page 3 on
4. With the reconstruction/widening of Sens Road, two existing driveways
shall be restricted to have only one driveway.
5. Screening and/or landscaping adjacent to residential area shall be
required in accordance with Section 106-444(a) of the Code of
Ordinances.
6. Provide an irrigation system to ensure that all landscaping and
screening is properly maintained by the owner/developer.
7. Existing vegetation and trees shall remain in place along Sens Road
and North 'H' Street.
8. All lighting in the parking lot shall be hooded and arranged to deflect
light away from the nearby residential properties in compliance with
Section 106-521(a) of the Code of Ordinances.
9. Property line fence shall not be erected within the required landscaped
portion of the front yard setback per Section 106-797 of the Code of
Ordinances.
10. All new signage shall require a separate permit from the City's
Inspection Division.
11. This pennit does not become valid until a Development Site Plan is
reviewed and approved in accordance with the requirements of the
Development Ordinance.
12. The Developer shall comply with all applicable laws and ordinances of
the City and the State of Texas.
Options available to the Commission:
· Recommend to Council approval of this SCUP with additional
conditions.
· Recommend to Council denial ofthis SCUP.
· Table the item for further consideration by the Commission.
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A Meeting of the La Porte
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Scheduled for
October 16, 2008
(Date of Meeting)
to Consider
Special Conditional Use Pe:tmit#SCU08-008
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
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