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Home My WebLink About01-16-1992 Regular Meeting of the Planning and Zoning Commission• • M ~ N U T E S • • ~~ • MINUTEs PLANNING & ZONING COMMISSION MEETING JANUARY 16, 1992 Members Present: Chairman Inge Browder, Commissioners Wayne Anderson, Eugene Edmonds, Paul Schaider, Betty Waters, Doug Martin, Iola Phillips Members Absent: None Citv Staff Present: City Inspector Mark Lewis, Assistant City Attorney John Armstrong, Community Development Secretary Peggy Lee 1) CALL TO ORDER The meeting was called to order by Chairman Browder at 6:00 PM. • 2) APPROVE MINUTES OF THE DECEMBER 19, 1991 PUBLIC HEARING AND REGULAR MEETING A motion was made by Wayne Anderson and seconded by Doug Martin to approve the minutes as submitted. All were in favor and the motion passed. Lola Phillips abstained from voting due to her absence from the previous meeting. 3) DISCUSS ZONING REGULATIONS RELATING TO BED AND BREAKFAST INNS Mark Lewis stated that City Council had requested the Commission to re-open discussion regarding Bed and Breakfast Inns. After discussion, the Commission agreed upon several requirements they felt should be met by anyone desiring to offer a Bed and Breakfast Inn. They are as follows: 1. Licensing Ordinance - A "Licensing Ordinance" should be prepared, which would require the owner of the residence obtain a license to operate. By requiring a license, the City would have knowledge of all residences operating as Bed and Breakfast. In addition, the City, before issuing a license, would have the opportunity to determine whether or not the applicant complies with standard requirements (ie., • fire, health, building codes). • Page 2 . Planning & Zoning Commission Meeting Minutes of January 16, 1992 2. Rooms - A maximum of two (2) rooms for rent, rather than three (3) rooms which was previously recommended. 3. Signs --Follow requirements as set forth in "definitions" Section 3-100 of the Zoning Ordinance. 4. Parking - In addition to resident pazking, one (1) space per room must be available for guest parking. There must be a minimum of two (2) guest parking spaces. 5. Zoning -Permitted by right use in R-1, R-2, and R-3. 6. Reservations -Rooms shall be let by advance reservations only. With these issues agreed upon, the Commission directed staff to prepare language for review at the next meeting. • 4) CONSIDER COVENANTS AND RESTRICTIONS OF PROPOSED BAYGREEN COLONY SUBDIVISION Mark Lewis reported that at the last meeting Bay Green Colony Subdivision Covenants and Restrictions were reviewed. At that time it was determined that in principle, all of the problems in the existing Covenants and Restrictions had been worked out, but we were still not in possession of the revised document. Since that time we have received the final document with the necessary revisions. Commission took action to grant a variance regarding configuration of the entrance road into the subdivision. In addition, the applicant must appeaz before the Board of Adjustment for a variance for driveway placement. Action to be taken by the Commission at this time would be to either approve or disapprove final approval of the Subdivision Plat. John Armstrong gave an overview of the discrepancies which appeared in the Subdivision's Covenants and Restrictions prior to changes that were made resulting in the final document. We are awaiting information from the City's insurance company regarding coverage of City of La Porte emergency and service vehicles on a private road (entrance road) in the subdivision. Betty Waters made a motion to approve the Covenants and Restrictions of the Bay Green Colony Subdivision. The motion was seconded by Doug Martin. All were in favor and the motion passed. n U • • Page 3 • Planning & Zoning Commission Meeting Minutes of January 16, 1992 The Commission had intended to vote for approval or disapproval of the Final Plat but due to an omission placing this item on the agenda, the vote would have to be delayed until such notice had been posted for public viewing. A motion was made by Doug Martin to call a Special Meeting for January 23, 1992 at 6:00 PM to consider approval of the Baygreen Colony Subdivision Plat. The motion was seconded by Eugene Edmonds. All were in favor and the motion passed. 5) STAFF REPORTS Per John Armstrong, an update was provided by the City Attorney's office to the La. Porte City Council relative to the City's ability to enforce private Covenants and Deed Restrictions. Section 230.001 of the local government code declares municipal government cannot enforce private Deed Restrictions. 6) ADJOURN • A motion to adjourn was made by Betty Waters and was seconded by Eugene Edmonds. All were in favor and the motion passed. The meeting adjourned at 7:30 PM. The next meeting will be March 19, 1992. Respectfully Submitted, Peggy e Community Development Secretary Approved this 19th day of March, 1992. ~, Inge Bro er • Planning & Zoning Commission Chairman • • • S T A F F R E P a R T B E B ~ B R F A K F A S T r~ U • • STAFF REPORT BED AND BREAKFAST INNS On January 16, 1992, the Planning & Zoning Commission met regarding the issue of Bed and Breakfast Inns. After discussion, we were directed to draft changes, as shown in Exhibit "A" to the Zoning Ordinance. In addition, we were directed to draft a "Licensing Ordinance" for control of the operation of said Inns. This ordinance is presented as Exhibit .,B.. - Prior to actually setting a public hearing to receive input on the ordinance change, the staff would like the opportunity to propose an alternative for discussion. The staffs perception of the purpose of a bed and breakfast inn is three-fold. First, it provides an alternative lodging facility for those individuals who do not care for the standard hotel/motel facility. Secondly, the inn makes use of a property of either historic or aesthetic value along areas such as the bayfront. Finally, as an income generator, a bed and breakfast inn offers incentive to maintain older structures of historic or architectural= significance. " Of note, however, is the fact that a bed and breakfast facility is a business. It is neither a single family nor multi-family residence, but it is actually a hotel facility. There is a constant turnover of occupants whether it is one day or one week. It does generate traffic . • and introduces increased amounts of activity in an area. For this reason, the staff feels that there should be more discretion in the location of these types of occupancies. It is the position of the staff that bed and breakfast inns should be allowed in R-1, R-2, and R-3 zones by a Special Conditional Use permit and permitted by right in the GC zone as are hotels/motels. The requirement of a Special Conditional Use Permit in residential zoning districts would allow the City to confine the location of the Bed and Breakfast Inns to areas more befitting the purpose of such a facility, ie., areas adjacent to or with views of Galveston Bay. At the same time, we could place the following types of restrictions on the facility: 1) Maximum number of guest rooms 2) Off-street parking 3) Maximum length of stays 4) Management/Ownership 5) Signage • • Page 2 Staff Report • Bed and Breakfast Inns 6) Building Codes 7) Fire Codes 8) Health Codes • It would also eliminate the need for a companion licensing ordinance for which the Code Enforcement Division is not staffed to enforce. Finally, the Special Conditional Use Permit would prevent the creation of lodging or group homes in other areas of the City for which they have no special purpose or where there may possibly be conflicting Deed Restrictions. In view of the above information, the staff respectfully requests that consideration be given to the alternative presented and allow us to -prepare ordinance changes that reflect that viewpoint. • ' • • • PROPOSED ZONING ORDINANCE TEXT CHANGES Section 3 - 100 Definitions Bed & Breakfast Inn: A building, the primary use of which is a single family residence, in which sleeping rooms are available for overnight rental, subject to the following restrictions. 1. Bed & Breakfast Inns shall be operated by resident homeowners. 2. No more than two (2) rental rooms shall be provided. 3. Rooms shall be let by reservation only. 4. Bed & Breakfast Inns shall conform to the requirements of Section 5-800. 5. Parking shall be provided in accordance with the requirements of Section IO-609._. 6. Signs shall be recrulated by the rectua.rements of the- Home Occupation definition of Section 3-100. • Section 5-600. Table A Residential USES (SIC CODE #) ZONES R-1 R-2 R-3 MH Bed & Breakfast Inns as defined by Section 3-100 P P P • ~~~~ • • DRAFT • ORDINANCE AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF BED AND BREAKFAST INNS ETC... Section I - Definitions: Bed & Breakfast Inn: A building, the primary use of which is a single family residence, in which sleeping rooms are available for overnight rental, subject to the following restrictions. 1. Bed & Breakfast Inns shall be operated by resident homeowners. 2. No more than two {2) rental rooms shall be provided. 3. Rooms shall be let by reservation only. 4. Bed & Breakfast Inns shall conform to the requirements of Section 5-800 of Zoning Ordinance 1501. Section II - Coordination With Other Governing Ordinances: 2-100: No person shall be granted a Bed & Breakfast operating license with out first satisfying the requirements of Zoning Ordinance 1501 and obtaining a Zoning Permit. 2-200: For the purposes of Ordinance 1373, a Bed & Breakfast Inn shall be considered a hotel and as such, shall be subject to the Hotel Occupancy Tax levied under the provisions of said ordinance. ~~~~~ . • DRAFT • Page 2 2-300: For the purposes of the currently adopted edition of the Life Safety Code (NFPAI01), a Bed & Breakfast Inn shall be considered to be a rooming house and as such, subject to the requirements of said code. 2-400: For the purposes of the+currently adopted edition of the Standard Housing Code (S.B.C.C.I.), a Bed & Breakfast Inn shall be considered to be a rooming house and as such, subject to the requirements of said code. 2-500: No persons shall be granted a Bed & Breakfast operating license without first obtaining a Food and Health Permit from the Harris County Health Department. Section III- Licensing Applications 3-100: It shall be unlawful to operate a Bed & Breakfast Inn without first obtaining a Bed & Breakfast operating license. • • • C • • Page 3 DRAFY 3-200: Applications for Bed & Breakfast operating licenses shall contain the following information: A. Address and legal description of property on which a Bed & Breakfast Inn is to be operated. B. Property owner's name. C. Name of person responsible for operating Bed & Breakfast Inn. D. Number of rental rooms. 3-300: Applications for new Bed & Breakfast operating licenses shall be accompanied by a 550.00 application fee. Applications for license renewals shall be accompanied by a 525.00 application fee. 3-400: Bed & Breakfast Operating licenses shall be valid for a period of one (1) year. Operating licenses shall expire on December 31st of each year regardless of date of issuance. Licenses shall be renewed prior to January 1 of each year. Section IV: Penalty Clause & Savings Clause ~JCHIBIT • COMMENTS ON BED AND BREAKFAST. March 19, 1992 Inns are big business - Bed and Breakfast in homes is very small business. Inns take big bucks - Bed and breakfast don't. A Bed and Breakfast Inn and a Bed and Breakfast in you home are entirely two different things. A Bed and Breakfast is a home with one room and maybe two rooms for one night. In fact it would be used like friends spending the night. It is more usually used by older people or people without chi 1 ~??-en . It is not a Hotel or an Inn. If it is truly a hotel how can you limit the stay of any individual and why would you want to? It is in fact a small business located in a resident for the use of travelers who do not want to stay in an Inn or Hotel. It is for those who want to spend a day or two in a nice neighborhood and meet the kind of people in that town. An Inn is a type of Hotel. An Inn is large; usually with a restaurant, with many bed rooms, rooms for meetings and possibly business sessions. Also they have a bar or recreation areas of sorts. Special Condition Use Permit should be allowed for R-1, R-2, and R-3. Areas to be considered should be along the Bay or areas befitting the purpose and not in a subdivision. Number of guest rooms should be maximum of two, by reservation only and there should be off street parking. Owner should live in Bed and Breakfast facility at all times. Building and fire codes should be followed. Health codes should be enforced. No person should be allowed to operate or own more than one Bed and Breakfast facility. We don't need to get this all tangled up and confusing like the sign ordinance has become. Signs should be placed very nicely in the yard and not on any other locations. Facilities will be advertized in magazines or newspapers. •