HomeMy WebLinkAbout03302009 ZBA Minutes
OLM City of West University Place
A Neighborhood City
® Recycled Paper ZONING BOARD OF ADJUSTMENT
BILL WATSON CONFERENCE ROOM, MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
MEETING MINUTES
March 30, 2009
6:30 p.m.
I MEMBERS Mark Gandy (voting), Jason Powers (voting), Les Albin (voting),
PRESENT: Jeann Howse (voting), Frank Vargas, Jr. (voting) and Stephen
Stewart
II. MEMBERS ABSENT: Richard Wilson, Mark Plagens and Steven Segal
STAFF PRESENT: Debbie Scarcella, City Planner, James Dougherty, Jr., City Legal
Counsel and Sallye A. Clark, Planning Assistant
1V. CALL TO ORDER: 6:30p.m.
Agenda Item Discussion Action
1 Call the meeting to Frank Vargas, Jr called the meeting to order at Jason Powers moved to accept that
order and Protocol. 6:30 p.m. Frank Vargas, Jr. asked all members all notices were properly posted
Notices, Rules, Etc. and staff to introduce themselves. Sallye A. and distributed for this meeting.
Clark, Planning Assistant stated all notices Motion was 2nd by Les Albin.
were posted as required by city and state law. Mark Gandy, Jason Powers, Les
Swearing in of witnesses. Albin, Jeann Howse and Frank
Sallye A. Clark, Planning Assistant read the Vargas, Jr. voted aye. Motion
recusal statement from Richard Wilson. passed. Frank Vargas, Jr.
administered the oath to all
witnesses.
2 Docket No. 2009- Reid Wilson, attorney representing the Jason Powers made a motion to
Oland 2009-02 applicants for dockets 2009-01 and 2009-02 suspend the rules and hear docket
regarding property requested to make one presentation for both 2009-01 and 2009-02 at the same
at 6203 and 6207- dockets at the same time. time. Motion was 2°d by Jeann
3 6217 Edloe Street, Reid Wilson, 3824 Case, attorney representing Howse. Mark Gandy, Jason
West University both applicants; Jack Cato, Stockard Realty; Powers, Les Albin, Jeann Howse
Place, Texas 77005, and Jim Reid, Edloe Partners gave a and Frank Vargas, Jr. voted aye.
(Special Exception) presentation of the requests for dockets 2009- Motion passed. Rules suspended.
Public hearing O1 and 2009-02. Jason Powers made a motion to
regarding the Bruce Frankel, 6130 Annapolis and member close the evidentiary portion of
following matters: of the ZPC and real estate developer and Ray dockets 2009-01 and 2009-02.
Applicant requests a Shutter, 6737 Buffalo Speedway, owner of Motion was 2°d by Jeann Howse.
special exception as West U Travel spoke in favor of both docket Mark Gandy, Jason Powers, Les
provided in Section items. Albin, Jeann Howse and Frank
12-105, Special The staff reports was presented as follows: Vargas, Jr. voted aye. Motion
Exceptions to Extend 2009-01: passed.
PNC Status, Appendix Applicant's Request The applicant requests After discussion, Jason Powers
3800 University Boulevard • West University Place, Texas 77005-2899 • 713066804441 0 www.westu.org
Zoning Board of Adjustment Minutes
March 30, 2009 Meeting
2
A of the Code of reinstatement of Prior Non-Conforming made a motion to grant the
Ordinances to (PNC) status for pervious area requirements special exception of docket 2009-
reinstate PNC status in a C District (including required pervious 01 to reinstate PNC status for
for non-compliance area, landscape strips, qualified trees and pervious area in a C District under
with pervious area pervious islands in the parking area). This Section 12-105 of the Zoning
requirements in the C PNC item lost its PNC status due to Ordinance. This special exception
district (including expiration of the time period listed in Section only extends to the reinstatement
required pervious 12-103 (i) if the Zoning Ordinance. of PNC status for lack of 15%
area, landscape strips, Background Information pervious area for a time period
qualified trees and The property located at 6207-6217 Edloe ending March 30, 2029. The work
pervious islands in the Street was originally developed in the mid- contemplated by this decision is
parking area). This 1940's. The tract houses various retail outlets the remodeling of existing
PNC item lost its PNC and until April 2008, was part of a larger tract structures in accordance with an
status due to (with the abutting property at 6203 Edloe attached sketch to decision. (PNC
expiration of the time Street) owned by one company. In April of status may also be lost for other
period listed in 2008, the tracts were divided and sold by reasons.)
Section 12-103, metes and bounds to separate owners - Motion was 2„ d by Jeann Howse.
Losing PNC status (i) Stockard Realty Partnership, Ltd. acquired Mark Gandy, Jason Powers, Les
Passage of time, .3114 acres located at 6203 Edloe Street Albin, Jeann Howse and Frank
Appendix A of the (Mathew's Motors) and 6203 Edloe Partners, Vargas, Jr. voted aye. Motion
Code of Ordinances. L.P. acquired .498 acres located at 6207-6217 passed. Special Exception granted.
Edloe Street (retail center). The subdivision After discussion, Jason Powers
Deliberation, plat was approved by the Zoning and made a motion to grant the
decisions, other Planning Commission on March 12, 2009. special exception of docket 2009-
action, etc. regarding The applicant intends to renovate and upgrade 02 to reinstate PNC status for
the preceding matters. the property but will not alter the footprint of pervious area in a C District under
the building. The site will be re-tenanted Section 12-105 of the Zoning
with retailers providing goods and services to Ordinance. This special exception
the immediate neighborhood. The site only extends to the reinstatement
contains several items that are not in of PNC status for lack of 15%
compliance with the zoning regulations. pervious area for a time period
These items include screens for waste areas, ending March 30, 2029. The work
minimum off-street parking spaces, outdoor contemplated by this decision is
lighting, and minimum pervious area the remodeling of existing
requirements (including landscape strips, structures in accordance with an
qualified trees, and pervious islands). The attached sketch to decision. (PNC
applicant claims PNC status for all of these status may also be lost for other
non-conforming items. However, there is an reasons.)
expiration date for three of the items per Motion was 2nd by Les Albin.
Section 12-103 of the Zoning Ordinance. Mark Gandy, Jason Powers, Les
Staff Comments: Albin, Jeann Howse and Frank
The non-complying items likely acquired Vargas, Jr. voted aye. Motion
PNC status upon adoption of the Zoning passed. Special Exception granted
Ordinance in 1987. The landscape strips,
qualified tree and pervious island
requirements were adopted at a later date.
The site has not changed since that time.
According to Section 12-103 of the Zoning
Zoning Board of Adjustment Minutes
March 30, 2009 Meeting
3
Ordinance, the PNC status for outdoor
lighting expired in August 2004; screens for
waste areas expired in 1998; and, minimum
pervious area requirements expired in 1997.
The applicant can attain compliance with the
waste area screening and outdoor lighting
items, but cannot comply with the pervious
area requirements without losing parking
spaces. The retail center would normally
require 4 spaces per 1,000 square feet of retail
space, or 30 spaces. There are currently 26
spaces on site. PNC status does not appear to
have been lost, so additional spaces are not
required to be provided.
Table 7-3 of the Zoning Ordinance requires
that sites in a C District maintain a minimum
of 15% pervious area per site. For this site,
the minimum required pervious area would be
2,888 square feet. The applicant can only
provide 2,088 square feet.
Pursuant to Section 12-105 of the Zoning
Ordinance, the Zoning Board of Adjustments
is authorized to issue a special exception to
reinstate PNC status for any item, upon
application by the owner or someone with a
substantial interest in the affected property if
the ZBA finds:
(i) A substantial investment was
reasonably made in the PNC
item, or in reliance upon it,
and
(ii) Extension of PNC status is
necessary to allow a
reasonable period in which to
amortize the investment or to
avoid unreasonable waste of
any remaining value of the
item with PNC status for
other reasons.
An extension may be for a fixed term or for
an indefinite period. This section applies
both to PNC items losing status by lapse of
time and to PNC items losing status for other
reasons. A special exception may allow the
rebuilding, remodeling or modest
enlargement of a structure which would
Zoning Board of Adjustment Minutes
March 30, 2009 Meeting
4
otherwise lose PNC status and may allow the
continuation of PNC status.
In addition, Section 11-102(b) of the Zoning
Ordinance requires all of the following
circumstances to be present in order to issue a
special exception:
1) The ZBA has determined that
the proposed special exception
will not cause any significant
increase in on-street parking, will
not cause any substantial traffic
congestion, will not cause any
substantial increase in traffic or
an unreasonable burden upon
utility systems or upon any other
public facility or public service;
2) The ZBA has determined that
the proposed special exception
will be in harmony with the
general purpose and intent of this
section; and
3) The ZBA has made any
additional findings and
determinations required by a
specific provision of this section.
2009-02:
Applicant's Request The applicant requests
reinstatement of Prior Non-Conforming
(PNC) status for pervious area requirements
in a C District (including required pervious
area, landscape strips, qualified trees and
pervious islands in the parking area). This
PNC item lost its PNC status due to
expiration of the time period listed in Section
12-103 (i) if the Zoning Ordinance.
Background Information
The property located at 6203 Edloe Street was
originally developed in the mid-1940's. Until
recently, the tract housed Mathews Motors
and until April 2008, was part of a larger tract
(with the abutting property at 6207-6217
Edloe Street) owned by one company. In
April of 2008, the tracts were divided and
sold by metes and bounds to separate owners
- Stockard Realty Partnership, Ltd. acquired
Zoning Board of Adjustment Minutes
March 30, 2009 Meeting
5
.3114 acres located at 6203 Edloe Street
(Matthew's Motors) and 6203 Edloe Partners,
L.P. acquired .498 acres located at 6207-6217
Edloe Street (retail center). The subdivision
plat was approved by the Zoning and
Planning Commission on March 12, 2009.
The applicant intends to renovate and upgrade
the property but will not alter the footprint of
the building. The "Matthews Building" will
be long term leased to Jim Reid (or a related
entity) for the development and operation of
"Matthews Market", a neighborhood grocery,
prepared foods market, casual dining facility,
amusement hall, and community gathering
place. The site contains several items that are
not in compliance with the zoning
regulations. These items include screens for
waste areas, minimum off-street parking
spaces, side yard setback, outdoor lighting,
and minimum pervious area requirements
(including landscape strips, qualified trees,
and pervious islands). The applicant claims
PNC status for all of these non-conforming
items. However, there is an expiration date
for three of the items per Section 12-103 of
the Zoning Ordinance.
Staff Comments:
The non-complying items likely acquired
PNC status upon adoption of the Zoning
Ordinance in 1987. The landscape strips,
qualified tree and pervious island
requirements were adopted at a later date.
The site has not changed since that time.
According to Section 12-103 of the Zoning
Ordinance, the PNC status for outdoor
lighting expired in August 2004; screens for
waste areas expired in 1998; and, minimum
pervious area requirements expired in 1997.
The applicant can attain compliance with the
waste area screening and outdoor lighting
items, but cannot comply with the pervious
area requirements without losing parking
spaces. Matthews Motors was classified as a
medium commercial use. The minimum
number of required off-street parking spaces
for a medium commercial use is 10 spaces per
1,000 square feet of building area. The
building contains 5741 square feet. The
Zoning Board of Adjustment Minutes
March 30, 2009 Meeting
6
current regulations would require 60 spaces
for a medium commercial use. The proposed
use (Matthews Market) is a light commercial
use and requires 5 spaces per 1,000 square
feet of grocery area and 10 spaces per 1,000
square feet for the remainder of the building
(game area, caf6 area, outdoor seating). The
proposed use would require a minimum of 43
spaces, or 17 fewer spaces than the existing
use. Under Section 12-105 (e) of the Zoning
Ordinance, the degree of non-conformity is
not increased, so PNC status does not appear
to have been lost and additional parking
spaces are not required to be provided.
Table 7-3 of the Zoning Ordinance requires
that sites in a C District maintain a minimum
of 15% pervious area per site. For this site,
the minimum required pervious area would be
1706 square feet. The applicant can only
provide 862 square feet.
Pursuant to Section 12-105 of the Zoning
Ordinance, the Zoning Board of Adjustments
is authorized to issue a special exception to
reinstate PNC status for any item, upon
application by the owner or someone with a
substantial interest in the affected property if
the ZBA finds:
(iii) A substantial investment was
reasonably made in the PNC
item, or in reliance upon it,
and
(iv) Extension of PNC status is
necessary to allow a
reasonable period in which to
amortize the investment or to
avoid unreasonable waste of
any remaining value of the
item with PNC status for
other reasons.
An extension may be for a fixed term or for
an indefinite period. This section applies
both to PNC items losing status by lapse of
time and to PNC items losing status for other
reasons. A special exception may allow the
rebuilding, remodeling or modest
enlargement of a structure which would
Zoning Board of Adjustment Minutes
March 30, 2009 Meeting
7
otherwise lose PNC status and may allow the
continuation of PNC status.
In addition, Section 11-102(b) of the Zoning
Ordinance requires all of the following
circumstances to be present in order to issue a
special exception:
4) The ZBA has determined that
the proposed special exception
will not cause any significant
increase in on-street parking, will
not cause any substantial traffic
congestion, will not cause any
substantial increase in traffic or
an unreasonable burden upon
utility systems or upon any other
public facility or public service;
5) The ZBA has determined that
the proposed special exception
will be in harmony with the
general purpose and intent of this
section; and
6) The ZBA has made any
additional findings and
determinations required by a
specific provision of this section.
4 Rules of Procedures. Jason Powers made a motion to
Matters related to hold this agenda item over to next
Zoning Board of month's meeting. Motion was 2°d
Adjustment Rules of by Jeann Howse. Mark Gandy,
Procedures. Jason Powers, Les Albin, Jeann
Howse and Frank Vargas, Jr.
voted aye. Motion passed.
Les Albin left at 7:30 p.m. with a
quorum still resent.
4 Minutes. November 20, 2008
Jason Powers made a motion to
approve the minutes as written.
Motion was 2nd by Jeann Howse.
Mark Gandy, Jason Powers, Les
Albin, Jeann Howse and Frank
Vargas, Jr. voted aye. Motion
passed.
Zoning Board of Adjustment Minutes
March 30, 2009 Meeting
8
January 15, 2009
Jason Powers made a motion to
approve the minutes as written.
Motion was 2nd by Jeann Howse.
Mark Gandy, Jason Powers, Les
Albin, Jeann Howse and Frank
Vargas, Jr. voted aye. Motion
passed.
Adjournment. Jason Powers made a motion
to adjourn the meeting. Motion
was 2°d by Jeann Howse.
Richard Wilson,
Mark Gandy, Jason Powers, Les
Albin, Jeann Howse and Frank
Vargas, Jr. voted aye. Motion
passed.
The meeting was adjourned at 7:46
m.
PASSED THIS DAY OF 09.
Frank Varg , Jr., ice Presiding Officer
ATTEST. C r'
Sallye A. Clark, P ing Assistant
i