Loading...
HomeMy WebLinkAboutZBA Decision 2005-03 SE Church Use~ , City of ~est Uni~ersity P1ace ~ ' • A Neighborhood City ' ~ Recycled Paper ~ • Zoning Board of Adjustment City of West University Place, Texas ("City") ~~~~~~ g , ~•.;4h 0~l01/05 30068b883 ~40~~D ~~~: ~~ ~ ! Docket No. OS-03 ~~ DECISION TO GRANT A SPECIAL EXCEPTION (CHURCH USE IN SF DISTRICT) l Addressofbui[dingsite: 6218 Auden; 3821, 3831, 3835 and 3836 Amherst; 3804 ,~ and 3810 Milton; and Lots 11, 13, 14 and 15, Block 15, ~~ Collegeview Addition, Section 3, City of West ~~ University Place, Texas 77005 Legal descriptio~z oftliebuildiiigsite: (see attached list of legal descriptions) App[icant.• Harry Craig, Trustee, West University Baptist Church /! ~c~ , . Decisio~: or Action Reqirested: Special exception to authorize existing church and customary ancillary uses in single-family district ~~ Notice, Hearing, Findings, Vote: ~ (~ Notices of pre-a,.pplication briefing were given. ~ (X) Pre-application briefin~ was held on February 25 and March 10, 2005 . ~ (X) Notice of hearin~ iv~en bv: regular and certified mail (to nearby property ~ owners) and by posting on-site in accordance with Article 11 of the ~ Zoning Ordinance, by Sallye A. Clark, Planning Assistant, City of West I University Place, Texas. ~ (X) Hearin~ was held on : Ma rch 17 , 2 0 0 5 p~ (X) Required determinations have been made by the ZBA as follows: ( i) the proposed special ~ exception will not cause any significant increase in on-street parking; (ii) the proposed special exception will not cause any ~ substantial traffic congestion; (iii) the proposed special exception ~, will not cause any substantial increase in traffic; (iv) the proposed ' special exception will not cause an unreasonable burden upon utility systems or upon any other public facility or public service; (v) the proposed special exception is consistent with--and in harmony with-- the general purpose and intent of the Zoning Ordinance. (X) Additional findings (if anvl: Each of the accessory uses and structures, as specified and limited by this decision, is: (i) subordinate and incidental to a lawful principal building and use on the same building • site, and (ii) necessary or convenient for a lawful principal use of ~~ such buildin . (X) The vote was: ~ for; ~_ opposed, to this decision.. ~' Decisio~: of tlre Zonii:g Board of Adjustment graieti~eg special exception (subject to all applicable appeals): . Under and subject to the City's Zoning Ordinance and applicable law, a special exception as specifically allowed , by (identify the exact provision) Table 7-1 ("Uses" ), including Note 3 of the Zoning Ordinance, is issued fo.r the site identified above subject to the following: 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org ~ , • Page 2 - + (1) SCOPE OF SPECIAL EXCEPTION (a) Existing. Initially, this special exception authorizes: (i) the existing church use of the building site and structures shown on the attached sketch labeled "Exhibit A," and (ii) the existing accessory uses and accessory buildings specified and limited in Exhibit A. (b) Proposed. After construction of the proposed 2-story building shown on Exhibit A, this special exception authorizes: (i) church use of the building site and both existing and proposed structures shown on Exhibit A and (ii) the accessory uses and accessory buildings specified and limited in Exhibit A. (2) CONDITIONS. This special exception is subject to the following conditions: (a) Along the southern boundary of the parking lot located at Lot 6, Block 18 College View Addition on Amherst Street, ~ there must be an opaque fence or wall at least four feet ~ high (and the applicant is encouraged to discuss the design ~ and actual height with the adjacent property owners, in an ~ effort to mitigate any adverse effects on those ~ properties). a'~ (b) Within 90 days following the effective date of this ~ decision, the applicant must submit, for review and ~ approval of the building official, a traffic and parking ~ analysis by a traffic engineer (or other qualified ,~ professional) including within its scope the following: ~ --- Results and data obtained from the City's on-going traffic study, if applicable, together with any ~~ comments or recommendations on behalf of the ~ applicant. __- Dimensions of emergency accessways, parking spaces, walkways, driveways, maneuvering areas, loading space, etc. and certification as to whether they comply with the detailed requirements of the Zoning Ordinance. If any of them does not, the report should indicate whether an additional application to the ZBA will be forthcoming to address those requirements. . --- A proposed pedestrian and vehicle circulation plan for ' weekday operations, including day-care dropoff and pickup. '. Within 90 days following submission of the foregoing report: : , - Page 2 . ~ • (i)the applicant must either install or provide all ~ emergency accessways, parking spaces, walkways, driveways, maneuvering areas, loading space, etc. required by the Zoning Ordinance or submit an additional application to the ZBA to address those requirements; and (ii) the applicant must implement the pedestrian and vehicle circulation plan for weekday operations, including day-care dropoff and pickup, as approved by the building official, and thereafter maintain it in effect while this special exception is in effect. (c) All lights on the building site must be constructed or modified so that the bulb or light source is not visible from eyelevel at any point on any of the residential property across the eastern property line of the building site, and they shall be thereafter maintained in that condition while this special exception is in effect. (d) The special exception authorizes only the current uses (and the proposed uses of the new buildings), as shown in Exhibit A. If the use of any building or site is proposed to be changed, the applicant must apply for an appropriate amendment to this special exception. (3) BUILDING OFFICIAL; SUBMISSIONS TO BOARD. The building official is requested to keep the ZBA informed about compliance with these conditions. Should any of these conditions not be fulfilled, the building official is requested to take appropriate action and submit the matter to the ZBA for further review and action. Other Provisions: ~ ~y" THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS, AND THE COST MiJST BE PAID BY THE APPLICANT. UNLESS OTHERWISE SPECIFIED IN THIS DECISION, ALL PERMITS REQUIRED FOR THE WORK CONTEMPLATED BY THIS DECISION MUST BE APPLIED FOR ON OR BEFORE THE 365TH DAY FOLLOWING THE EFFECTNE DATE OF THIS DECISION, AND SUCH WORK MUST BE COMPLETED IN ACCORDANCE WITH SUCH PERMITS (AND ALL APPLICABLE REGULATIONS) ON OR BEFORE THE THIRD ANNIVERSARY OF THE DATE OF THIS DECISION. NO EXTENSION OF ANY .' PRESCRIBED TIME PERIOD IN THIS DECISION MAY BE GRANTED WITHOUT AUTHORIZATION FROM THIS BOARD. NEITHER ADDITIONAL NOTICE NOR HEARING IS REQUIRED FOR GRANTING A TIME EXTENSION. IF ANY WORK OR CONDTTION IS NOT DONE WITHIN A PRESCRIBED TIME ~ PERIOD--AND NO TIME EXTENSION IS GRANTED--THIS DECISION REMAINS IN EFFECT, BUT IT IS SUBJECT TO REVERSAL OR MODIFICATION BY THE BOARD WITHOUT ADDITIONAL NOTICE OR Page 2 ' HEARING. THIS DECISION APPLIES ONLY TO THE SPEC]FIC ZONING ORDINANCE PROVISION IDENTIFIED ABOVE. TT DOES NOT APPLY TO OR AFFECT: (A) OTHER REQUIltEMENTS(SUCH AS, FOR EXAMPLE, REGULATIONS SITES, BUII.DINGS AND OTHER STRUCTURES UNDER CHAPTER 6 OF THE CODE OF ORDINANCES, OR ANY OTHER PROVISIONS OF THE ZONING ORDINANCE), OR (B) PROPERTY RIGHTS OF THE CITY OR OTHER PERSONS OR ENTITIES (Il~TCLUDING, FOR EXAMPLE, CITY PROPERTY AND EASEMENTS). THE APPLICANT MUST SEPARATELY APPLY FOR AND RECENE APPROPRIATE PERMISSIONS FROM THE BiJILDING & STANDARDS COMMISSION, THE CITY COUNC]L OR OTHER BODIES THAT MAY HAVE AUTHORTTY TO ACT ON SUCH REQUIREMENTS. THIS DECISION APPLIES ONLY TO THE SPECIFIC ITEMS DEFINED ABOVE. IT DOES NOT APPLY TO ANY OTHER ASPECT, USE OR PART OF THE SITE OR STRUCTURE IN QUESTION, NOR DOES IT APPLY TO ANY OTHER ACTNITY, SITE OR STRUCTURE. TO OBTAIN A RULING FOR ANY OTHER ITEM REQUIltES SEPARATE APPLICATION, NOTICE, HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION IlVIPLIES THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD. THIS DECISION REMAINS 1N EFFECT FOR AN INDEFIlVITE PERIOD, UNLESS A TEMPORARY OR FIXED PERIOD IS IlVDICATED ABOVE. THIS DECISION REMAINS SUBJECT TO THE REGULATORY NRISDICTION OF TI~ CITY. IT MAY BE AMENDED OR REVOKED. THIS DECISION GRANTS NO PROPERTY RIGHT OR VESTED RIGHT OF ANY KIND. Effective Date & Appea[s: Subject to any applicable appeals, this decision takes effect on the date it is filed in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, West University Place, Texas 77005), unless otherwise indicated above. Any re-hearing of this decision is governed by the rules of the Zoning Board of Adjustment. Any appeals of this decision are subject to and governed by applicable ordinances and laws, including: the Zoning Ordinance and Chapter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicial review must be presented within 10 days after the date this decision is filed in the Board's office. ZONING BOARD OF ADNSTMENT, ~ CTT F WES ERSITY PLACE, TEXAS ,;' ~;. ~ By: ~ Presiding O er, Zoning Board of Adjustment • Page 2 . Y . ' STATE OF TEXAS COUNTY OF HARRIS ~~ j f r' ~! f~j This instrument was acknowledged before me on ~, (date) bymU,~(1 1 1 ame) as Presiding Officer of the Zoning Board of Adjustment of e C of West University Place, Tex~ . (SEAL) ~- My commission expires: Notary Public This instrument was filed in the Board's o~ce on ~~ I , and, if a mailing list is attached, copies were mailed to the persons on the list on N/A. ay: 4~'~~ Name: ~ ~'r~ Title:. I .~ ~ ~er recording return to: Sallye A. Clark, Planning Assistant Secretary, Zoning Board of Adjustment ~.,~ Ciry of West Universiry Place / 3826 Amherst Street / : ; ~;~ o Houston, Texas 77005 ~ ; ~ ° (Phone #: 713-662-5843) •' . • ~ ~ . ~ `J I - , -, •~: ; ~ , :, a , ;. :, ,~ cn ` ~° ~Al.! YE A. CIl~RK MY C,•OMMISSION EXPIRES. MAY 1~, 2003 ~• ~ V" .~ :~ .. , ,~;,*:,. ~~ . ~' ~ ~ . . .; .. . ~ A~ ~ +1 ~r.-- . ~` ~ ~ ' L _ . ,~~ + , ~~ a~~ ~~ ~ ~ ~ e f ~ : i > =: g ; ~ . . !'i ~~iE~~; ~ ~, d~ °~d~ ~ t~,j~'t~~~~i~ ~~ ~,"~~~ ~~ ~ > q ';~~~~rNl+~i !~a;~;~ i r; ~a ~~~ ~ ~~ w ~i~li~~~~'~ ~ill'd8l l~ i ~ ~ ~ : ! ' ! ~;~.,~;'~ ~ ,~,~~~~,`~-~~. j-!~ ~~ I: ~ I i ~ r I~ ;;~ ~ ~~~~~ ~! ~~ III~~ ~ r~ ~~ ~ ~. i. I f! ~ ~ t~ ~ r~ ~ ~' i,~~.'~ ~ ~ jtt~ e~. p ~,':~~,h ~; ' ~" ~I !!~~I ~e' i~'i~ ~~~1~ II ! i~i;:l:~ ~p~~~~ 1g ~ ~ ! ~ ~ ~ ~~ ~~ ~,'~ !~~ ! ` ~ ~ ~ I~ 1 t ~'~,~ i ~ ~ 1' t~ l+~' h ~ (~~ :e' 1~ ~~~ ~ ~~ 1, ~ ~ f ~•"Zjy'f;~~~ E~ !''~a pi ii ;yp,!1~'~i eu~ N~M ~~i ~~Pi ~~;_, F ~9 ~;i ~ i: r n,~ .~'~~ ~~f MP~ p:t3~i rh:l! ~~~ ~!1 ~ • ,{ -T'______-n.Tr ____----~--~-- ' 1 7t 1OdM I I ~ I I - I I i ~ m ~ ~ ~ 111 I ' ' ~ i ~ i ~ ~ i ~ I ' ~ ~ ~ '~ ~ , , ~ ! il j ~~~~~~ ~ f y J i ~E~~~ . ~~ . ,... ~ ~ ~ y V~ i . ~ ~ ~ ~ , ~ , I i ~ p - ---6~-1---- ~ -------------- -~ . ~ I ~I ~ .+ , ' ~ __ , ~ ~- \ ~ Gl ~ ~J . - =---~--- ~ . ; . - • v ~y t- ; -- N -- i i` ~ ~ 4~-I ~~ C~J ~ w a M ~ ~ ~, > ,~ E ~~~,~~ ~ ~~n~ o ~ ~ I~( ~I o ~ o '-~ ~ I~ .~''I W A ~ ~ri ~ ;~. ~ ;,~ ~ W ~ ~ ~'~ et9 ~i Iql ~ lii ~~ W y v V] ~ H ~ Q'i ~~, ~ A O Ch i~ ~ r ! 8 I w ~ ~~~ ~ .~ ~ ' ' bD ~ I i : ~ , ~ ----~~ - A- I p ~ ° ., f ~;° ~ - . {~'~i ! ,~ x ~m. h ~ ~~.. ~. ~ ~ 4 u ~l, ~ n nK~ ~ 'Ty~ ~ ~ ' , ~ ~ y~p +~. ~ 9y ~ ~ ~~ ~ g ---------------- ~ y ~ ^~. , F~ ~ ~, j~ ~ ~ ~~ ~l ~ -------- s i ; • ~ . , . ; ~'~ ~ ~ ~~ ; -i ~ 1 i. ~ ~ ~~ ~---~rt j~-~~ • ` ~ Ti //~ ~/~~ : . ~ ~ .' --------~ s s • / / s~. e +~ ~ _ ~ 6 ~ 5 ! j • ' ...o... ,.... „ ~ • ; j ~ - ...~_. _. - F g 5 e ! ! j r . ~ ~ ~ ~ 5 ~ werar ~ ; 3 y ~ ~~p ~~ ~ "„" e "d~ ~ q D ~r ~~oo ~ ~~ ~1 J ~ NW A4 ~~~ ' a ~ li ~ i ~ ~al~at .9 t~y ~~~~~~0 i~ ~y!'~,~p 1~fit ~ l~la.?~~3ltr9o~li~~~Ei~11~1~11lIl~l ~ i ~~.~...,.~;......»1~~~~~~~~~#~ 0 1 . : Legal Description of Land: D I~~- ~ 5 -~~ . ~ e,~u~~ch u~ ~~ S~d ~~ir~c.~- TRACT 3: Lots One (1) and Three (3) through Six (6), in Block Eighteen (18) of COLLEGEVIEW ADDITION, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 6, Page 44 of the Map Records of Harris County, Texas. TRACT 4: Lots Ten (10), through Fifteen (15), in Block Fifteen (15) of COLLEGE VIEW ADDITION, SECTION THREE (3) a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 572, Page 33 of the Deed Records of Harris County, Texas. TRACT 5: A parcel of land containing 1.4367 acres (62,582 square feet), more or less, being Lots 6, 7,8 and 9, College View Addition, Block Nineteen (19), as recorded in Volume 6, Page 44, Map Records, Harris County, Texas, and being Lot 9 and a portion of Lot 8, College View Third Addition Block Eighteen (18), as recorded in Volume 572, Page 33, Deed Records, Harris County, Texas, same being a portion of that certain tract conveyed from W.D. Haden et al, to West University Baptist Church, as also being a portion of that certain tract conveyed from W.D. Haden et al to George Lee et al, Trustees of University Baptist Church, as recorded in tract being situated in the A.C. Reynolds Survey, Abstract No. 61 in the City of West University Place, Harris County, Texas, and being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof. TRACT 6: Lot One (1) in Block Nineteen (19) of COLLEGEVIEW ADDITION, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 6, Page 44 of the Map Records of Harris County, Texas. ~r ~ovs~wa ~ wHpt aESlrocts nE wE. ~rr,~ o~ us~ o~ rr~E oESa~ aEat TH~E STATBEWD ~~ dt RACF IS UMAID !JD UlElidlCFJI~E UOEA FE~IJII UN. COUNTY OF MARRIS 1 he~ Iha! tld~ inabumerd wu FIlEO in F~e Wwnba on ~e d~le md ~I Oie at~nped Areon b~ me; and wx du-r RE DED. b Ihe p(ficial Public Record6 of Ral PropaAy of Hortis Cauntr, ie,css on SEP -1 2005 ~ ~ ~; ~,~ ~~ ~~~~~~~~"`~`" G~ N1YClERK ~ * ~ H~AR'RISCOUHTV.iEXAS RE~ORDcR'S ~,iE~vlOP,.4NDUM: At the time o~ ~<<:orr~;io~. tn:5 ins~-ument was found io ;e inadE,~,;,e !ni rn~ :?est ~,yotngraphic reprnducr~on 's;a~..ai:se uY i1!e4:~:!ity. Carbon or pilOtD C0.^.y, dISrU~GR?G ~~irt~t, ciC A:l ~IOCkOUtS, ~ddit~nns and cr,a!~ues a,ere present at the tima the instru;nsnt was 5lao ~nn re;,ordaa.