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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