HomeMy WebLinkAboutZBA Decision 2008-06 SE
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City of West University Place
A Neighborhood City
Recycled Paper
Zoning Board of Ad'ustment 2"-"0 80-w- 52
g J 11/07/2003 RP3 $32.00
City of West University Place, Texas ("City")
Docket No. 0 8 - 0 6
DECISION TO GRANT A SPECIAL EXCEPTION
Address of building site: 5308 Buffalo Speedway and 3303 Bissonnet, West University
Place, Texas 77005
Legal description of the building site: Main Church Property: BEING 1.7218 acres (75, 000 square feet) of
land in the A. C. Reynolds Survey, Abstract Number 61,.in Block 89 of WEST UNIVERSITY PLACE, SECOND
ADDITION according to the plat thereof recorded in Volume 538, Page 147 of the Harris County Deed i
Records and being all of those certain tracts of land described deeds to St. Andrews Presbyterian Church
recorded under Harris County Clerk's File Numbers C713183, 702740, & 576614, said 1.7218 acre tract of
land being more particularly described as follows with bearings based on the Texas Coordinate System of
1983, South Central Zone, 2001 adjustment: BEGINNING at a 1/2 inch iron rod with plastic stamped
"LANDTECH" found at the intersection of the south right-of-way line of Bissonnet Avenue (90 feet wide)
and the west right-of-way line of Buffalo Speedway (100 feet wide), thence as follows; THENCE, with the
,n east line of said 1.7218 acre tract same being the west right-of-way line of said Buffalo Speedway,
South 021 35' 29" East, a distance of 250.00 feet to a 1/2 inch iron pipe found for the southeast corner
of said 1.7218 acre tract and being the northeast corner of that certain described in deed to John O.V.
4U Carlson recorded under Harris County Clerk's File Number 20070420438;THENCE, with the south line of said
1.7218 acre tract same being the north line of said Carlson tract and continuing with the north lines of
the following; a tract of land described in deed to Harold L. Collins and wife Jean Miller Collins
recorded under Harris County Clerk's File Number D169358, a tract of land described in deed to Rena M.
(xa4 Andrews recorded under Harris County Clerk's File Number Z130027, and a tract of land described in deed
to James Todd Andrews and spouse Nicole G. Andrews recorded under Harris County Clerk's File Number
I T522679, South 87° 24, 31" West, a distance of 300.00 feet to a 5/8 inch iron rod with plastic cap
i stamped "HALFF ASSOC. INC." set for the southwest corner of the herein described tract and the northwest
corner of said Andrews tract and being in the east right-of-way line of Rutgers Street (60 feet
wide);THENCE, with the west line of said 1.7218 acre tract same being the east right-of-way line of said
48?k Rutgers Street, North 02° 35' 29" West, a distance of 250.00 feet to a 1/2 inch iron pipe found for the
northwest corner of the herein described tract and being at the intersection of the east right-of-way
line of said Rutgers Street and the south right-of-way line of said Bissonnet Avenue; THENCE, with the
north line of said 1.7218 acre tract same being the south right-of-way line of said Bissonnet Avenue,
North 871 24' 31° East, a distance of 300.00 feet to the POINT OF BEGINNING and containing 1.7218 acres
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(75,000 square feet). Parking Lot/Outdoor Play Area Property: All of lot Two, (2), Block Ninety, (90),
b+ of west University Second Section, City of west University Place, Harris county, Texas, more commonly
known as 3303 Bissonnet, Houston, Texas.
Applicant: Jack Ballard on behalf of St. Andrew's Presbyterian Church e)O
Decision or Action Requested: Special exception to authorize certain accessory uses
and structures, other than sanctuary (place of worship), in the SF-3
District, as allowed by Note 3, Table 7-1 of the Zoning Ordinance of the
City.
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.
(X) Hearing was held on: October 16, 2008.
(X) Required determinations have been made by the ZBA as follows: (i) the proposed special
exception will not cause any increase in on-street parking; (ii) the
3800 University Boulevard 0 West University Place, Texas 77005-2899 • 713066804441 • www.westu.org
Page 2
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) Special determinations have been made by the ZBA as follows: That each additional use
and structure is (i) accessory to a lawful primary use and (ii)
compatible with nearby sites and their uses.
(X) The vote was: 4 for, 1 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 Table 7-101 Note 3 of the Zoning Ordinance, is issued for the site identified above, as follows:
To authorize additional uses and structures on the described site
(gathering hall, colonnade, Sunday-school classrooms, outdoor kid's
play area, parking, indoor kid's play area, kitchen, office, day-care
classrooms, and fellowship hall), all as identified and limited in the
& attached sketch (marked Exhibit "All), but subject to the following
{{220.n conditions:
5
The letter agreement allowing the applicant to use at least 73
spaces in the KTRK-TV Channel 13 parking lot (immediately across
Bissonnet from the site) must be kept in full force and effect.
If it is terminated or modified such that fewer than 73 spaces
are provided for use by persons visiting the structures shown in
Exhibit "A," (i) the applicant shall notify the administrative
official in writing; and(ii)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 the Zoning Ordinance. Any
replacements or changes must be submitted to the Board for its
approval.
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 90TH 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 SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF THIS DECISION. NO EXTENSION OF
ANY PRESCRIBED TIME PERIOD IN THIS DECISION MAY BE GRANTED WITHOUT
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AUTHORIZATION FROM THIS BOARD. NEITHER ADDITIONAL NOTICE NOR HEARING IS
REQUIRED FOR GRANTING A TIME EXTENSION. IF ANY STEP IS NOT ACHIEVED WITHIN A
PRESCRIBED TIME PERIOD---AND IF NO TIME EXTENSION IS GRANTED-THE WORK IS NO
LONGER AUTHORIZED, AND THIS DECISION BECOMES 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 18 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 THIS BOARD, 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 &z 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
Pw 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 11, which
indicates that such requests should be submitted to the Zoning & Planning Commission.
ZONING BOARD OF ADJUSTMENT
,
CITY OF WEST UNIVERSITY PLACE, TEXAS
By:
Presiding Officer Zo ng Board of Adjustment
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Page 1 4
STATE OF TEXAS
COUNTY OF HARRIS bb r. ,
This instrument was acknowledged before me on 1144 0 O (date) by I QY U/ 00ame) as
Presiding Officer of the Zoning Board of Adjustment d the /City of West University Place, Texas.
r.ii- rr- rr
JOBS M OROlCO
Mfr COMMb on Ilbr "
Jurw 22.2009
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My commission expires: T%N-Q- V'*n• l N l~
Notary Public
This instrument was filed in the Board's office on 14 /60 and, if a mailing list is
attached, copies were mailed to the persons on the list on N/A.
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After recording return to:
! Sallye Clark, Secretary, Zoning Board of Adjustment
1 City of West University Place
3826 Amherst Street
Houston, Texas 77005
(Phone #:713-662-5843)
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