Presenter
Presenter
Christopher Looney, Planning and Community Development Director
Contact Info
clooney@nbtexas.org
Subject Header
SUBJECT:
Title
Approval of the second and final reading of an ordinance regarding the proposed rezoning request to apply a Type 1 Special Use Permit to allow the short term rental of a single family dwelling in the "M-1" Light Industrial District, on Lot 7, City Block 1022, addressed at 564 South Castell Avenue.
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BACKGROUND / RATIONALE:
Case No.: PZ-18-001
Council District: 6
Owner/Applicant SKP Properties (Roy and Kay Phillips)
P.O. Box 1540
Lampasas, TX 76550
(830) 515-9050
Staff Contact: Matt Greene, Planner
(830) 221-4053
mgreene@nbtexas.org
City Council held a public hearing on March 26, 2018, and unanimously (7-0-0) approved the first reading of the requested rezoning to apply an SUP, with the following conditions:
1. The residential appearance of the house must be maintained.
2. The maximum occupancy of the short-term rental is limited to 6 guests.
3. Signage must be posted on premise instructing guests to observe a quiet time which will begin at 10PM.
The subject property is located on the south side of South Castell Avenue, between Jahn and Butcher Streets in the “M-1” Light Industrial District. The lot comprises 6,548 square feet with a 1,112 square-foot single family residence constructed in 1925.
The “M-1” Light Industrial zoning district allows rental or occupancy for less than one month. However, since the subject structure is a single-family dwelling a Special Use Permit (SUP) must be approved before it can be used as a short-term rental. If the SUP is approved, an administrative Short-Term Rental Permit will also be required along with associated annual fire inspections.
The applicant indicates the one-story dwelling has three sleeping areas (3 bedrooms). Minimum required off-street parking for a short-term rental is one space per sleeping area with a maximum quantity equal to the number of sleeping areas plus one. The subject property requires a minimum of three paved, off-street parking spaces with a maximum of four.
The applicant’s submitted site plan illustrates a continuous paved driveway extending the depth of the property, approximately 124 feet, between South Castell Avenue and Colvin Street. Typically, parking spaces for short-term rentals are side by side and not stacked behind one another in a linear fashion. Though the length of the drive suggests 6 vehicles could be accommodated bumper to bumper, in the short term rental environment drivers will likely leave more room between cars to allow better access around and into the individual vehicles. Therefore, Staff believes the existing driveway will function with a maximum of 4 vehicles without alteration.
The subject property is eligible for Historic Designation and Staff encourages the applicants to pursue Historic Designation of the dwelling to preserve the character of the area and appeal of the existing home.
General Information:
Size: = 6,548 square feet
Surrounding Zoning and Land Use:
North - Across Castell Avenue, C-2 / Single-family residence
South - Across Colvin Street / Plumbing shop
East - M-1 / Single-family residence
West - M-1 / Office
Comprehensive Plan / Future Land Use Designation:
Commercial Industrial
Floodplain:
No portion of the property is located within a Special Flood Hazard Area Zone A.
Regional Transportation Plan:
South Castell Avenue is identified as a 65-foot wide Major Collector on the 2012 Regional Transportation Plan. The current right-of-way width of South Castell Avenue meets or exceeds 65 feet and no additional right-of-way dedication will be required with platting.
Improvement(s):
Single-family residence
Determination Factors:
In making a decision on zoning, the following factors are to be considered:
§ Whether the permitted uses will be appropriate in the immediate area and their relationship to the area and to the City as a whole (The subject property is located in the M-1 District within an area of mixed-uses that is one block southwest from the redevelopment area included within the draft Castell Avenue Visioning Plan.);
§ Whether the change is in accord with any existing or proposed public schools, streets, water supply, sanitary sewers, and other utilities to the area (There do not appear to be any conflicts with these elements.);
§ How other areas designated for similar development will be affected (There should be no negative effects on other properties within the general vicinity as many of the surrounding properties have converted to non-residential uses within recent years.);
§ Any other factors that will substantially affect the public health, safety, morals, or general welfare. (The use of this property as a short-term rental will be subject to the supplemental standards as required in Section 5.17 of the Zoning Ordinance. These standards help to ensure that proper measures are in place to protect public health and to encourage appropriate use of the property.); and
§ Whether the request is consistent with the Comprehensive Plan. (The proposed short-term rental is consistent with the Future Land Use designation of the subject site as Commercial Industrial and supports the tourism of Downtown promoted in the Downtown Implementation Plan.)
Supplemental standards for short term rentals are attached, and include:
• An administrative Short-Term Rental Permit and annual inspections are required, in addition to the SUP zoning;
• A maximum of two (2) adults per sleeping area plus an additional four (4) adults per residence (three (3) sleeping areas plus four (4) additional adults allows for a maximum total of 10 adults);
• Display of a short-term rental decal;
• A minimum of one (1) off-street parking space per sleeping area, not including a garage, and not to exceed the number of sleeping areas plus one (1) (minimum of three (3) spaces and a maximum of four (4) spaces);
• Adherence to the City’s adopted building codes regarding life safety issues;
• Compliance with City codes related to conduct on premises;
• Signage in compliance with the current Sign Ordinance; and
• Required tenant information posted indoors and attached to the rental agreement.
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
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Yes |
City Plan / Council Priority: 2006 Comprehensive Plan Pros and Cons Based on Policies Plan |
Pros: Goal 1 Promote manageable growth to achieve a proper balance of economic expansion and environmental quality while maintaining the community’s unique qualities. Authorized short-term rentals contribute to economic expansion through the collection of occupancy tax and visitor dollars spent within the community. Impacts and safety are managed through the SUP, Short Term Rental Permit process, and annual fire inspections. The subject property is located within an area transforming into mixed use. Goal 10: Objective D. Respond to changing market trends, consumer preferences, economic realities, and design technology relating to housing types and densities. The approval of this SUP would be in keeping with the approval of other short-term rentals in the downtown area that support and contribute to the tourism in Downtown. Goal 63: Objective B. Special zoning regulations and incentives should be created to promote retail, eating and drinking establishments, bed and breakfast, lodging and entertainment. Approval of the SUP would provide lodging in close proximity to dining, drinking and entertainment businesses downtown. Cons: None. |
FISCAL IMPACT:
If approved, the property will be subject to hotel occupancy tax (HOT).
Recommendation
COMMITTEE RECOMMENDATION:
The Planning Commission held a public hearing on March 6, 2018, and unanimously recommended approval of the Type 1 Special Use Permit with Staff’s recommendation (7-0-0).
STAFF RECOMMENDATION:
Staff recommends approval of the applicant’s requested rezoning with the following condition:
• The residential appearance of the building must be maintained.
Staff also concurs with City Council’s additional conditions made at the first reading.
The proposed use of the property will complement the mixed uses in the area and the continued redevelopment of South Castell Avenue, while maintaining a residential appearance consistent with the other non-residential uses in the vicinity. The proposal also meets community objectives in the Comprehensive Plan.
Notification:
Public hearing notices were sent to 14 owners of property within 200 feet of the request. The Planning Division has received three responses in favor from numbers 4, 5 and 14 and one opposed from number 6.
ATTACHMENTS:
1. Aerial, Regional Transportation Plan Map
2. Application
3. Zoning and Land Use Maps
4. Notification List, Notification Map and Notification Responses
5. Site Plan
6. Photographs of Subject Property
7. Sec. 3.3-11 “M-1” Light Industrial District
8. Sec. 3.6 Special Use Permits
9. Sec. 5.17 Short Term Rentals
10. Excerpt from the March 6, 2018 Planning Commission Regular Meeting
11. Ordinance