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HomeMy WebLinkAboutZ-8379 Staff AnalysisFILE NO.: Z-8379 NAME: Trammell Bed and Breakfast — Special Use Permit LOCATION: 22021 Denny Road OWNER: Robert and Renee Trammell APPLICANT: Robert Trammell PROPOSAL: A Special Use Permit is requested to allow a bed and breakfast house to be operated in the single family residence located on the R-2 zoned property at 22021 Denny Road. A. Public Notification: All owners of property located within 200 feet of the site and all residents within 300 feet who could be identified were notified of the public hearing. There was no established neighborhood association in the area to notify. B. Public Works Issues: No Comments. C. Staff Analysis: The applicant proposes to operate a bed and breakfast house from the single family residence located on the R-2 zoned property at 22021 Denny Road. The property is located at the southeast corner of Denny Road and Waldenwood Lane. The property is located outside the Little Rock city limits, but within the City's extraterritorial jurisdiction. The property is comprised of 6.5 acres. There is a two-story rock and frame residence (5,800 square feet) and a detached garage within the west half of the property. There is a paved driveway from Denny Road, which serves as access to the residence. The majority of the property is fenced pasture -type land, with barn structures within the east half of the property. The applicant is proposing four (4) guest bedrooms for the proposed bed and breakfast house. The property owner (applicant) will also reside in the house. There is ample paved parking on the site to serve the residence and guest rooms. The applicant is proposing one (1) sign at the entry driveway from Denny Road to identify the bed and breakfast house. The sign will be three (3) feet in height and one (1) square feet in area. Following is the Zoning Ordinance definition of a "bed and breakfast house": FILE NO.: Z-8379 (Cont. "Bed and breakfast house means an owner occupied single family residence which contains not more than five (5) guest rooms which for a fee may be occupied by a guest for no longer than fourteen (14) consecutive days. This activity must obtain a special use permit in the permitted districts of R-1, R-2, and R-3 single family and R-4 two family districts." Following is additional criteria for bed and breakfast houses per Section 36-54(e)(1) of the Code: (1) Bed and breakfast hotels: a. The occupancy fee may include a continental breakfast (coffee, juice and pastry) to be served to paying guests with no full meals. b. The owner must provide one (1) paved off-street parking space per guest room and one (1) additional for the residence use. c. Allowable signage is that permitted by the single family residential standard. d. No receptions, private parties or tours for a fee are allowed. Section 36-54(d) is as follows: (d) Transfer of permits. Special use permits shall not be transferable in any manner. Permits cannot be passed (from) owner to owner, location to location or use to use. Staff is supportive of the requested special use permit to allow a bed and breakfast house at 22021 Denny Road. Staff feels this type of use will be appropriate for the property. As noted previously, the property is made up of 6.5 acres. The existing residence has very little visibility from adjacent properties. The proposed bed and breakfast house will be a very low-key use, and should have no adverse impact on the adjacent properties or the general area. D. SUBDIVISION COMMITTEE COMMENT: (JULY 31, 2008) Robert Trammell was present, representing the application. Staff briefly described the proposed bed and breakfast use. In response to a question 2 FILE NO.: Z-8379 Cont. from staff, Mr. Trammell noted that the property was a total of 6.5 acres. Mr. Trammell noted that the driveway from Denny Road would be used as access to the bed and breakfast house, and that Waldenwood Lane to the west would not be used as access. The access issue was briefly discussed. Mr. Trammell noted that the driveway was recently paved. After the discussion, the Committee forwarded the application to the full Commission for final action. E. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a bed and breakfast house at 22021 Denny Road, subject to the following conditions: 1. Compliance with the criteria as found in Section 36-3 of the City's Zoning Ordinance (definition of bed and breakfast house). 2. Compliance with the ordinance criteria for bed and breakfast houses as found in Section 36-54 of the City's Zoning Ordinance. 3. There is to be no signage beyond that permitted in single family zones. 4. All guest access to the property shall be from Denny Road and not from Waldenwood Lane. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) Robert Trammell was present, representing the application. There were several objectors present. Staff presented the application with a recommendation of approval. Robert Trammell addressed the Commission in support of the application. He explained that he built the existing residence in 1994 and was remodeling it. He explained that he talked to the adjacent neighbors regarding the proposed bed and breakfast and that they had no problem with the proposal. He noted that his house was very isolated on 6.5 acres and not visible from adjacent property. He explained that the proposed bed and breakfast Would have no adverse impact on adjacent property. He discussed the issue of restrictive covenants, which ran with the property. He explained that his proposed use of the property was single family residential and conformed to the restrictive covenants. He noted that he did not use Waldenwood Lane for access and would not allow his guests to do so. Hal Kemp addressed the Commission in opposition. He noted that there were three (3) families present in opposition. He provided a copy of the deed for Mr. Trammell's property to the Commission, noting that it contained language 3 FILE NO.: Z-8379 (Cont. that the covenants be complied with. He noted that the ordinance required the Commission to consider restrictive covenants with Special Use Permit applications. Vice -Chair Yates asked why the subdivision was not recorded. Mr. Kemp explained that the lots were greater than five (5) acres and did not require platting. The issue of restrictive covenants was discussed further. Connie Wilkerson also addressed the Commission in opposition. She noted that property values would lower if the bed and breakfast were approved. Kevin Garland also spoke in opposition. He noted that Waldenwood was a gated subdivision. He explained that he did not want traffic to increase on Waldenwood Lane as his children ride bicycles in the area. Alan McQueen also spoke in opposition. He expressed concern with violating the restrictive covenants and its effect on the Waldenwood Subdivision. Mr. Trammell explained that his bed and breakfast would be a very quiet use and would have no negative impact on the neighbors. He explained that the Commission was not bound by the restrictive covenants. Commissioner Williams asked if the restrictive covenants had any bearing on the staff recommendation. Dana Carney, Planning Staff, explained that consideration of restrictive covenants/bills of assurance was for the Commission and that it would not have changed the staff recommendation. The issue of the restrictive covenants was discussed. Vice -Chair Yates asked Mr. Trammell if he was going to close access from his property to Waldenwood Lane. Mr. Trammell indicated that he would not amend the application to provide a gate between his property and Waldenwood Lane. Commissioner Laha noted that he did not support the application based on the restrictive covenants. There was a motion to approve the application as recommended by staff. The motion failed by a vote of 3 ayes, 7 nays and 1 absent. The application was denied. 51 August 21, 2008 ITEM NO.: 12 FILE NO.: Z-8379 NAME: Trammell Bed and Breakfast — Special Use Permit LOCATION: 22021 Denny Road OWNER: Robert and Renee Trammell APPLICANT: Robert Trammell PROPOSAL: A Special Use Permit is requested to allow a bed and breakfast house to be operated in the single family residence located on the R-2 zoned property at 22021 Denny Road. I_1 I: Public Notification: All owners of property located within 200 feet of the site and all residents within 300 feet who could be identified were notified of the public hearing. There was no established neighborhood association in the area to notify. Public Works Issues: No Comments. C. Staff Analysis: The applicant proposes to operate a bed and breakfast house from the single family residence located on the R-2 zoned property at 22021 Denny Road. The property is located at the southeast corner of Denny Road and Waldenwood Lane. The property is located outside the Little Rock city limits, but within the City's extraterritorial jurisdiction. The property is comprised of 6.5 acres. There is a two-story rock and frame residence (5,800 square feet) and a detached garage within the west half of the property. There is a paved driveway from Denny Road, which serves as access to the residence. The majority of the property is fenced pasture -type land, with barn structures within the east half of the property. The applicant is proposing four (4) guest bedrooms for the proposed bed and breakfast house. The property owner (applicant) will also reside in the house. There is ample paved parking on the site to serve the residence and guest rooms. The applicant is proposing one (1) sign at the entry driveway from Denny Road to identify the bed and breakfast house. The sign will be three (3) feet in height and one (1) square feet in area. August 21, 2008 ITEM NO: 12 (Cont. FILE NO.: Z-8379 Following is the Zoning Ordinance definition of a "bed and breakfast house": "Bed and breakfast house means an owner occupied single family residence which contains not more than five (5) guest rooms which for a fee may be occupied by a guest for no longer than fourteen (14) consecutive days. This activity must obtain a special use permit in the permitted districts of R-1, R-2, and R-3 single family and R-4 two family districts." Following is additional criteria for bed and breakfast houses per Section 36-54(e)(1) of the Code: (1) Bed and breakfast hotels: a. The occupancy fee may include a continental breakfast (coffee, juice and pastry) to be served to paying guests with no full meals. b. The owner must provide one (1) paved off-street parking space per guest room and one (1) additional for the residence use. c. Allowable signage is that permitted by the single family residential standard. d. No receptions, private parties or tours for a fee are allowed. Section 36-54(d) is as follows: (d) Transfer of permits. Special use permits shall not be transferable in any manner. Permits cannot be passed (from) owner to owner, location to location or use to use. Staff is supportive of the requested special use permit to allow a bed and breakfast house at 22021 Denny Road. Staff feels this type of use will be appropriate for the property. As noted previously, the property is made up of 6.5 acres. The existing residence has very little visibility from adjacent properties. The proposed bed and breakfast house will be a very low-key use, and should have no adverse impact on the adjacent properties or the general area. 2 August 21, 2008 ITEM NO: 12 (Cont. D. SUBDIVISION COMMITTEE COMMENT: FILE NO.: Z-8379 (JULY 31, 2008) Robert Trammell was present, representing the application. Staff briefly described the proposed bed and breakfast use. In response to a question from staff, Mr. Trammell noted that the property was a total of 6.5 acres. Mr. Trammell noted that the driveway from Denny Road would be used as access to the bed and breakfast house, and that Waldenwood Lane to the west would not be used as access. The access issue was briefly discussed. Mr. Trammell noted that the driveway was recently paved. After the discussion, the Committee forwarded the application to the full Commission for final action. E. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a bed and breakfast house at 22021 Denny Road, subject to the following conditions: Compliance with the criteria as found in Section 36-3 of the City's Zoning Ordinance (definition of bed and breakfast house). 2. Compliance with the ordinance criteria for bed and breakfast houses as found in Section 36-54 of the City's Zoning Ordinance. 3. There is to be no signage beyond that permitted in single family zones. 4. All guest access to the property shall be from Denny Road and not from Waldenwood Lane. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) Robert Trammell was present, representing the application. There were several objectors present. Staff presented the application with a recommendation of approval. Robert Trammell addressed the Commission in support of the application. He explained that he built the existing residence in 1994 and was remodeling it. He explained that he talked to the adjacent neighbors regarding the proposed bed and breakfast and that they had no problem with the proposal. He noted that his house was very isolated on 6.5 acres and not visible from adjacent property. He explained that the proposed bed and breakfast would have no adverse impact on adjacent property. He discussed the issue of restrictive covenants, which ran with the property. He explained that his proposed use of the property was single 3 August 21, 2008 ITEM NO: 12 (Cont. NO,.: Z-8379 family residential and conformed to the restrictive covenants. He noted that he did not use Waldenwood Lane for access and would not allow his guests to do so. Hal Kemp addressed the Commission in opposition. He noted that there were three (3) families present in opposition. He provided a copy of the deed for Mr. Trammell's property to the Commission, noting that it contained language that the covenants be complied with. He noted that the ordinance required the Commission to consider restrictive covenants with Special Use Permit applications. Vice -Chair Yates asked why the subdivision was not recorded. Mr. Kemp explained that the lots were greater than five (5) acres and did not require platting. The issue of restrictive covenants was discussed further. Connie Wilkerson also addressed the Commission in opposition. She noted that property values would lower if the bed and breakfast were approved. Kevin Garland also spoke in opposition. He noted that Waldenwood was a gated subdivision. He explained that he did not want traffic to increase on Waldenwood Lane as his children ride bicycles in the area. Alan McQueen also spoke in opposition. He expressed concern with violating the restrictive covenants and its effect on the Waldenwood Subdivision. Mr. Trammell explained that his bed and breakfast would be a very quiet use and would have no negative impact on the neighbors. He explained that the Commission was not bound by the restrictive covenants. Commissioner Williams asked if the restrictive covenants had any bearing on the staff recommendation. Dana Carney, Planning Staff, explained that consideration of restrictive covenants/bills of assurance was for the Commission and that it would not have changed the staff recommendation. The issue of the restrictive covenants was discussed. Vice -Chair Yates asked Mr. Trammell if he was going to close access from his property to Waldenwood Lane. Mr. Trammell indicated that he would not amend the application to provide a gate between his property and Waldenwood Lane. Commissioner Laha noted that he did not support the application based on the restrictive covenants. There was a motion to approve the application as recommended by staff. The motion failed by a vote of 3 ayes, 7 nays and 1 absent. The application was denied. M