HomeMy WebLinkAboutZBA Decision 2005-03 & 2005-16 SE Joint Use Parking
City of West University Place
I
A Neighborhood City
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} Zoning Board of Adjustment
City of West University Place, Texas ("City")
Docket No. 05-03/ 05-11.4
DECISION TO GRANT A SPECIAL EXCEPTION
(JOINT USE OF PARKING)
Address of building site: 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
y
Legal description of the building site: (see attached list of legal descriptions)
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Applicant: Harry Craig, Trustee, West University Baptist Church.,
Ml~
Decision or Action Requested. Special exception to authorize joint use of parking
under Section 10-103
Notice, Hearing, Findings, Vote:
(X) Notice of hearing was given by: 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
University Place, Texas.
d (X) Hearing was held on : July 20, 2006
(X) Required determinations have been made by the ZBA as follows: (check) (i) the proposed
special exception will not cause any 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 i ent of t Zoning Ordinance.
(X) The vote was for; opposed, to this decision..
Decision of the Zoning Board of Adjustment granting 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) Sect ion 10 -103 (b) of the Zoning Ordinance, is issued for the site
identified above subject to the following:
(1) SCOPE OF SPECIAL EXCEPTION. This special exception allows joint
use of parking for the building site and both existing and
proposed structures shown on Exhibit A.
3800 University Boulevard 9 West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org
Page 2
(2) CONDITIONS. This special exception is subject to the following
conditions:
(a) The Memorandum of Understanding, attached, must be kept in
full force and effect. If it is terminated or modified,
such that fewer than 33 spaces are provided for use by
persons visiting the structures shown in Exhibit A, this
special exception is subject to termination or modification
by the Board. However, a reasonable period of time (not
less than 180 days) shall be allowed to replace any spaces
lost or to make other changes to keep the off-street
parking in compliance with this special exception, to the
greatest degree practicable. Any replacements or changes
must be submitted to the Board for its approval.
(b) Within 90 days following the effective date of this
decision, the applicant must submit, for review and
approval of the administrative official, a report or letter
9 by a traffic engineer (or other qualified professional)
including within its scope the following:
Dimensions of loading spaces and certification as
to whether they comply with the detailed requirements
of the Zoning Ordinance or have PNC status. If any of
them does not comply and does not have PNC status, the
report or letter should indicate whether an additional
application to the ZBA will be forthcoming to address
those requirements.
Within 90 days following submission of the foregoing
report, the applicant must either install or provide
all loading spaces required by the Zoning Ordinance or
a submit an additional application to the ZBA to address
those requirements.
(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) ADMINISTRATIVE OFFICIAL; SUBMISSIONS TO BOARD. The
administrative official is requested to keep the ZBA informed
about compliance with these conditions. Should any of these
conditions not be fulfilled, the administrative official is
requested to take appropriate action and submit the matter to the
ZBA for further review and action.
Page
Other Provisions:
THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS,
AND THE COST MUST 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 EFFECTIVE 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 CONDITION 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
HEARING.
THIS DECISION APPLIES ONLY TO THE SPECIFIC ZONING ORDINANCE PROVISION IDENTIFIED
ABOVE. IT DOES NOT APPLY TO OR AFFECT: (A) OTHER REQUIREMENTS(SUCH AS, FOR
EXAMPLE, REGULATIONS SITES, BUILDINGS 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 (INCLUDING, FOR EXAMPLE,
CITY PROPERTY AND EASEMENTS). THE APPLICANT MUST SEPARATELY APPLY FOR AND
RECEIVE APPROPRIATE PERMISSIONS FROM THE BUILDING & STANDARDS COMMISSION, THE
CITY COUNCIL OR OTHER BODIES THAT MAY HAVE AUTHORITY 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 ACTIVITY, SITE OR STRUCTURE.
TO OBTAIN A RULING FOR ANY OTHER ITEM REQUIRES SEPARATE APPLICATION, NOTICE,
HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION IMPLIES THAT ANY SUCH
FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD.
THIS DECISION REMAINS IN EFFECT FOR AN INDEFINITE PERIOD, UNLESS A TEMPORARY OR
FIXED PERIOD IS INDICATED ABOVE. THIS DECISION REMAINS SUBJECT TO THE REGULATORY
JURISDICTION OF THE CITY. IT MAY BE AMENDED OR REVOKED. THIS DECISION GRANTS NO
PROPERTY RIGHT OR VESTED RIGHT OF ANY KIND.
Effective Date & Administrative Remedies: This decision takes effect on the date it is filed in the Board's office (c/o
Secretary of the Zoning Board of Adjustment, 3800 University Boulevard, Houston, Texas 77005), unless otherwise
indicated above. 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. The rules of the Board allow re-hearings in
certain circumstances. As additional administrative remedies: (1) the permittee/applicant may able to apply for a different
interpretation, variance, or special exception, and (2) any person may request that the City consider an amendment to the
Zoning Ordinance; see Article ,kl; which indicates that such requests should be submitted to the Zoning & Planning
Commission. 114
Page
ZONING BOARD OF ADJUSTM ,
CITY OF WES E, TEXAS
By.
P esid g Of er, oning d o Adjustment
STATE OF TEXAS
COUNTY OF HARRIS ® M~rUGI
This instrument was acknowledged before me on (date) by (name)
as Pr i 'n f e o th o-4n Bad of Adjust nt of e City of West University Place, Texas.
NIA A
M ~ is. OOM
(SEAL) f
My commission expires:
Notary Public
tsw
This instrument was filed in the Board's office on 1 olD (,e /9 , and, if a mailing list is
attached, copies were mailed to the persons on the list o N/
By.
Name: De j e O-Ce fC
Title:.] fG~1 CiC ~LLI
After recording return to:
Sallye A. Clark V//
Secretary, Zoning Board of Adjustment (Phone 713-662-5843)
City of West University Place
3826 Amherst Street
Houston, Texas 77005
Legal Description of Land:
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.
I4 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.
f
Form CON-752 wup-wube parking MOU 4-4-06
MEMORANDUM OF UNDERSTANDING
FOR WEST UNIVERSITY TOWN CENTER SHARED PARKING
This memorandum of understanding ("MOU") is made and agreed to by: (1) the CITY OF
WEST UNIVERSITY PLACE, TEXAS, a municipality located in Harris County, Texas ("City")
and (2) the WEST UNIVERSITY BAPTIST CHURCH, a Texas non-profit corporation
('WUBC"). City and WUBC agree as follows:
• Purpose; Parking. The purpose of this MOU is to provide for shared public parking in the West University
"town center" area, near Auden and Amherst Streets, West University Place, Texas 77005. In general,
and subject to agreed-upon hours and limitations, each party will allow members of the public to park
motor vehicles on its parking lots during certain hours. See Appendices A and C.
! Date; Term. This MOU is signed and dated as of April 24, 2006. It shall take effect immediately and
remain in effect until one party terminates by giving notice to the other party at least one year prior to the
date set for termination. In certain circumstances, this MOU may be terminated without giving such
notice; see Appendix B.
t ! Liaisons. Until changed by the respective City Council, the City Liaison is its Public Works Director, and
the WUBC Liaison is its Associate Pastor.
! Other Terms, Rights And Duties. Other terms, rights and duties are set out in Appendices A, B and C,
which are attached and made a part of this MOU.
WEST UNIVERSITY BAPTIST CHURCH CITY OF WEST UNIVERSITY PLACE
Address: Address:
~i
By: _f,fr~ By:
_ N me: Title- Name:
/AcAi.). 55 Title: Cj f/ /qANAG EY--.
t5AFMAWKLIUM
ATTEST/SEAL: ofrcxas ST/S
y Name: Till My Commission Expires Name:
Title: 7-18-P')06 BUDGET CERTIFICATE: 1 certify that this obligation complies with a budget appropriation and that there is or will be $
in unencumbered money in Budget Account No. -V.yD to meet the obligation when it is due.
Finance Director, City of West University Place
8AA8A,1A L. CHF.,. . .
Notary Public, Slate of r •_J~ (MOU Signature Page)
My Commission .
7.18-2006 xpir
I
Appendix A
(To Accompany MOU)
PARKING, LIAISON, COOPERATION, ETC.
A.1 Parking Lots, Uses, Hours, Etc.
a. During the term of this MOU, the City will allow the public (including those employed
at or attending WUBC or City facilities) to use the following parking lots during the hours
indicated:
Lots: 4, 5 and 6 (see Appendix C)
Hours: Sundays 7 AM to 11 PM and Wednesdays from 5 PM to 11 PM
b. During the term of this MOU, the WUBC will allow the public (including those
employed at or attending City or WUBC facilities) to use the following parking lots during the
hours indicated:
Lots: 1 and 2
Hours: Monday through Saturday from 7 AM to 11 PM,
except Wednesdays from 5 PM to 11 PM
c. Either party may restrict parking on its lots temporarily, because of---
emergency operations (for the duration of the emergency)
---construction or repairs (for time reasonably needed)
---mass gatherings not regularly scheduled on a weekly basis (each party must
give the other party a minimum of 30 days notice to restrict lots for such mass
( gatherings, whenever practicable).
d. Either party, by notifying the other party at least 30 days in advance, may remove
r one or more individual areas from this MOU permanently, if the areas are sold, leased, built
upon or converted to a non-public-parking use.
e. If, in the future, the City adopts a master parking plan for the town center area, and if
that plan includes a proposal for "public parking" signs at WUBC lots covered by this MOU, the
parties agree to meet and confer regarding such signs.
f. All use by the public, as provided above, shall be on an "open" basis, with no spaces
being reserved or restricted, except for: i marked handicapped spaces (ii)
marked spaces for
short-time parking only (e.g., "30-minute parking"), (iii) marked spaces for senior staff and
similar personnel, not to exceed 5% of the total number of that party's spaces (in all of its lots)
covered by this MOU, (iv) at least 15 spaces in Lot No. 1, which shall be reserved for City
employees only during Public Works Department working hours, and (v) all of Lot No. 1, which
may be reserved and used by the City occasionally for Public Works special events (recycling,
heavy trash collection, etc.). These events must be scheduled with the WUBC Liaison at least
-64 days-ire advae
g. This MOU does not create any easements or property rights.
h. This MOU contemplates ordinary, temporary parking for light passenger vehicles
only. It does not authorize commercial use, oversize parking, storage, repair, sales or other
such uses. Exception: The City may reserve and use Lot No. 1 occasionally for Public Works
special events (recycling, heavy trash collection, etc.). These events must be scheduled with
the WUBC Liaison at least 60 days in advance.
A.2 Routine Liaison. Each party shall designate in writing a person to act as its Liaison
under this MOU (the initial Liaison is shown on the signature page of this MOU). Such person
shall have authority to transmit notices, receive information and interpret that party's policies
and decisions. Such authority shall not extend to changing this MOU or any other item
approved by a governing body. Each party will make its Liaison available to meet and confer
about matters relating to this MOU, at reasonable times and places.
A.3 Special Events. If WUBC or City considers sponsoring or providing a tournament,
festival or similar event, or any mass gathering beyond the scope of either parties' regularly
scheduled mass gatherings, in the town center area, it agrees to: (i) notify the respective
Liaisons at the earliest practicable time (ii) meet and confer with officials from each respective
party as may be reasonably requested (iii) consider special requests beyond the scope of the
schedule of this agreement.
A.4 Information And Planning Data. Each party will provide information available
which might assist the other party in providing or planning public parking or special church
related parking.
G A.5 Basic Liability Coverage. Each party shall maintain in effect liability coverage for its
lots while they are subject to this MOU. Coverage may be provided by commercial insurance
i or by multi-party risk pool. The coverage must be at least $1,000,000 per occurrence (for
bodily injury or death). Neither party assumes responsibility for occurrences on the property of
( the other party.
A.6 Termination of Prior Agreements. All prior parking agreements between the parties
t relating to activities are terminated by agreement, effective as of the date of this MOU. This
does not affect any duties required to be performed before that date.
A.7 Maintenance of Parking Lots: Each party shall be responsible for maintenance of
its own property. Exception: The City will provide ordinary maintenance (including but not
limited to pothole-fillingand re-striping) at Lot No. 1, to the extent determined from time to time
by the City's Public Works Director. If the WUBC is not satisfied with the maintenance so
provided, WUBC may so notify the City, specifying any additional or different maintenance
desired by WUBC. If the City does not provide the additional or different maintenance within
the following 60 days, WUBC may remove Lot No. 1 from this MOU permanently, by so
notifying the City. Removal of Lot No. 1 is the sole remedy related to maintenance.
Appendix B
(To Accompany MOU)
MISCELLANEOUS PROVISIONS
B.1 Force Majeure. (a) Should any party be delayed or hindered in the performance of
any of its obligations or duties under this MOU because of a force majeure, then the party so
delayed or hindered shall be excused from such delay or hindrance to the extent that it is
caused by the force majeure. The term "force majeure", as used in this MOU, includes,
without limitation of the generality thereof: acts of God, strikes, lockouts, other personnel
disturbances or job actions, acts of the public enemy, laws, regulations, orders of any kind of
the government of the United States or the State of Texas or any civil or military authority,
insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms,
floods, washouts, droughts, arrests, restraining of government and people, civil disturbances,
explosions, breakage or accidents to machinery or equipment, shortages of materials,
equipment or supplies, or any other limitations of any party, whether similar to those
enumerated or otherwise, which are not within the reasonable control of the party claiming
such inability. If a party is affected by strike, lockout or other personnel disturbance or job
action, this MOU does not compel the party to acquiesce to any demand or position of any
personnel or other party, it being understood that the strike, lockout, disturbance or action
would be a force majeure for the duration thereof.
B.2 Non-Parties. This MOU shall bind and benefit the parties only. It shall not confer
n any rights or benefits upon any other nor may any other
party, y y party enforce this MOU or sue
for any damages under this MOU.
1
B.3 Remedies Limited; Termination. (a) No party shall terminate its performance under
this MOU because of a breach by the other party, unless: (i) the terminating party first delivers
an effective notice of breach to the breaching party, (ii) the breach is not cured by the end of
the cure period, and (iii) on or before the thirtieth day following the last day of the cure period,
the terminating party sends an actual notice of termination setting the final termination date,
All which date may not be sooner than the tenth day following receipt of the actual termination
notice.
(b) To be effective, a notice of breach must: (i) identify the breach, giving enough
details for the notified party to understand, investigate and cure, (ii) state the sections and
exact provisions of this MOU which have been breached, (iii) state all means of curing the
breach known to the party sending the notice, and (iv) designate a cure period of at least 30
days following receipt of the notice of breach. If a breach has already occurred, or if it is
continuing in nature, it can be cured by taking reasonable action to prevent a recurrence.
(c) If a dispute or disagreement arises out of this MOU, the parties agree to use
reasonable best efforts to settle it in a just and equitable manner, recognizing their mutual
interests. They agree to pursue the following steps:
(1) They will meet and confer within ten days of a request to do so.
(2) If no settlement is reached, they will next exchange lists of possible
approaches to resolve the dispute or disagreement. The exchange will be
simuttane-sus; a-nd rTnust-eccurwitfiin-ten ac#-ys-foiTowng a requesT- ddh
party will list as many approaches as it can reasonably imagine that would
be agreeable. The parties are encouraged to be creative and flexible in
developing possible approaches.
(3) Within ten days following the exchange, they will again meet and confer.
If no settlement is reached, any party may submit the matter for mediation,
and all affected parties will participate and try in good faith to settle.
Unless they otherwise agree, the mediation will be administered by the
American Arbitration Association under its Commercial Mediation Rules.
Neither party may commence legal action to interpret or enforce this MOU against the other
party until the commencing party has followed the mediation procedures set out above. This
does not prohibit a party from filing such proceedings to prevent the running of a statute of
limitations or other tolling rule, provided that the party continues pursuing the steps required by
this subsection.
(d) Except as limited by this MOU, all remedies at law or in equity shall remain
available to the parties.
13.4 Entire Agreement. This MOU contains all the agreements of the parties relating to
the subject matter and Program Year hereof, and there are no binding agreements, whether
written or oral, among the parties relating to the subject matter and Program Year hereof,
except at stated in this MOU. This MOU is the full and final expression of their agreement.
13.5 Waiver, Breaches. No waiver or waivers of any breach (or any series of breaches)
by any party hereto of any term, covenant, condition, or liability hereunder, or the performance
by any party of any duty or obligation hereunder, shall be deemed or construed to be a waiver
of subsequent breaches of any kind, under any circumstances. As used in this MOU, "breach"
includes default and all other circumstances in which a party does not perform as required by
a this MOU.
13.6 Notices and Addresses. (a) Unless otherwise provided in this MOU, any notice,
communication, request, reply, or advice (in this MOU, severally and collectively called
"notice") herein provided or permitted to be given, made or accepted by any party to any other
party must be in writing and may be given: (i) by depositing the same in the United States mail,
postpaid as registered or certified mail with return receipt requested, addressed to the party to
be notified at the address required by this MOU, or (ii) by physically delivering the same to the
chief administrative officer or Liaison of such party. Notice deposited in the mail in the manner
described shall be presumed to be received on and the third business day following the day it
is so deposited. This presumption is rebuttable.
(b) For the purpose of notice, addresses of the parties shall, until changed as
hereinafter provided, be as set forth on the signature page. The parties shall have the right
from time to time and at any time to change their respective addresses, and each shall have
the right to specify as its address any other address by giving at least fifteen days' written
notice of the changed address to each other party.
13.7 No Partnership. This MOU shall never be construed to create any partnership or
joint venture or to impose any partnership or venture duties upon any of the parties. Each
party specifically reserves the right to perform its duties and services by techniques, means
and methods of its own choosing, and to cause them to be provided, either alone or in
conjunction with other persons or entities.
13.8 Severability. The provisions of this MOU are severable, and if any provision or part
of this MOU or the application thereof to any person or circumstance shall ever be held by any
court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of
this MOU to other persons or circumstances shall not be affected thereby.
B.9 Governing Law; Venue. This MOU shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the parties hereunder shall be
performable in Harris County, Texas. Venue shall lie in the appropriate state court in and for
Harris County, Texas.
Appendix C
(To Accompany MOU)
PARKING LOT LOCATIONS
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EXHIBIT "A"
RECORDER'S MEMORANDUM:
At the time of recordation, this instrument was x> a'
found to be inadequate for the best phutopraphic
reproduc#oon because of illepibilrtl, carbon or
photo copy, discolored paper, etc. All btockouts,
additions and changes were present at the time
the instrument was fibd and recorded.
i"Tl
ANY PROVISION IERD M DA NESTWS THE SAIF, RENTAL, OR USE OF THE CESCRO REAL c a .
a Ir, y C't'=i
PROpFR►Y fF OR OR RACE IS INMALD K **ORCEABLE UNDER FEDERAL LAW,
COUNTY OF ARRIgg~$ Montle rrtl ",'a
I hefeby a Ihil qNt Y1iwmw was FILED in file Nu DED. In Hie y I: W
daM end et tl~e Oma slemPed hereon by me, and w" dur!
Official PuMvc Records of Real PropeAyof Harris County, Texas on
OCT 19 2006
u ~
s COUNTY MRK
'O~ * WRIS COUNTY. TEMS