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HomeMy WebLinkAbout05212009 ZBA Agenda Item 2 City of West University Place *Texas Memo To: Zoning Board of Adjustments From: Debbie Scarcella, City Planner Date: May 15, 2009 Re: Staff Report for Time Extension Request Docket 08-06 Background Information The applicant in Docket 08-06, 5308 Buffalo Speedway and 3303 Bissonnet, requested a special exception to the Zoning Ordinance regarding Table 7-, entitled "Uses". Table 7-1 establishes the specific uses allowed for each zoning district. Generally in SF districts, a place of worship is allowed "by right". Accessory uses, such as classrooms, daycares, fellowship halls, etc. require a special exception. The applicant planned an addition to the church campus that would house additional daycare and Sunday school classes and an entry tower. The proposed addition included accessory uses not allowed without a special exception. The ZBA granted a special exception on October 16, 2008 for Docket 08-06 to allow the accessory uses as labeled in the proposed drawing (attached). The decision was signed and filed in the Board's office on November 4, 2008. The decision was also recorded in the real property records of Harris County on November 7, 2008. The decision states that "all permits required for the work contemplated by this decision must be applied for on or before the 90"' day following the effective date of this decision, and such work must be completed in accordance with such permits on or before the second anniversary of the date of the decision." Request The time to apply for the contemplated work expired on February 7, 2009. The applicant states that the construction schedule was negatively affected by the current economic recession. The applicant has revised the original proposed scope of work and streamlined the project to fit within their budget. The applicant further states that the permit documents have been completed and application for the permits are ready for submittal. The applicant requests an extension through June 1, 2009 to apply for the necessary permits. The applicant further believes they will not need additional time to complete the proposed work. Per the ZBA rules of procedure, and conditions of the decision, any extension of time is prohibited to be granted without authorization from the board. Additional notice or hearing is not required to grant a time extension to apply for a permit. St. Andrew's (Time Extension) Staff Report Page 1 _ • i St. Andrew's Presbyterian Church 5308 Buffalo Speedway • Houston, Texas 77005-2122 713.667.1703 • sapch.org April 23, 2009 Ms. Debbie Scarcella City of West University Place 3826 Amherst Street Houston, TX 77005-2830 RE: Letter Requesting Time Extension to Submit for Building Permit Dear Ms. Scarcella, Regarding the proposed St. Andrew's Presbyterian Church facility upgrades, our project schedule was negatively affected by the current economic recession. However, after streamlining the project and extended fiscal assessment, we are ready to move forward with the project. The construction documents are now completed, and we are prepared to issue for a building permit. To that end, we are respectfully requesting your approval to extend the Issue for Building Permit date noted in original ZBA Docket 08-06 - Special Exemption for Accessory Uses in a Single Family District issued on November 7, 2008 to allow St. Andrew's Presbyterian to submit documents for building permit on or before June 1, 2009. The reason for the delay, we feel, is justified in that the design team required additional time to incorporate drawing revisions in order to meet the reduced scope mandated by the recent economic down-turn. The project had to be slightly revised; however, the church remains committed to improving the image of the site to the community, so the arched colonnades, off-street parking and landscaping will remain as previously submitted. The streamlining of the project was limited to the classroom addition. St. Andrew's Presbyterian Church elected to not undertake building the two-story classroom addition. The revised Site Plan is attached for your review. It is worth noting, we are not asking for an extension of the construction timeline, because the scope of work proposed will not exceed the construction period stipulated in the original Special Use Permit. St. Andrew's Presbyterian Church understands the houses, which are owned by the church at 3315 and 3325 Bissonnet are zoned "residential" and that any use other than residential will require the church in the future to request a Special Exemption from the Zoning Board of Adjustments. Your favorable consideration of our request would be greatly appreciated. Respectfully, d4a_ee Jack D. Ballard BISSONNET C30` r2O.WJ A fem.. w°m,R Ar -~o~s----- -.smsr~eae t(~. J 1771 u EXISTIWA PAFKW-a LOT - 6°5 SPAGE3 ( Sew NO WORK THf5 AREA, EXISTING TO REMAIN i f a 1 liOCiMwAT WK lVGYL IAOltW' 1NwlEllb1 { { P t ~ ~ I T an ~ a ] v v + , 1.EMCf WSA 106A{. 0 A fMtM{ H'1 ] ` ! 1 V ¢~y F I l~lJ. `-°7~~ p (may) Q 3b W 4 F1 Rx f lil Z3 _ ,p a { ~ B v r Rr o Rn I ` , ~ EXISTING OUTDOOR KIDS PLAY AREA c!? 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K D<. jEQ R~tDEO L Al .°D°R C PLAN WOOF. LmvmlroN 91N41.H TO ru1M EWTIk' BIIDIK 9pALF LRELY r0 RE0.Nt lOACWEE9pALE Y Q EET ApI= O A• W~ f~,~ srRRK LL9: f'RICC Aw LA9T 9TCEE i0 IU1M EMAINO OvDp. Oxt t0A0NC 10%30' AT -II AlAD City of west University .Place ~T k A Neighborhood City Recycled Paper , t 111) 81) .5 15 213 i Zoning Board of Adjustment ,7 .1 1/07/21108 RP3 $32.00 City of West University Place, Texas ("City") Docket No. 0 8 - 0 6 DECISION TO GRANT A SPECIAL EXCEPTION Iddress of building site: 5308 Buffalo Speedway and 3303 Bissonnet, West University Place, Texas 77005 Legal tlesCrlptlon 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 / Records and being all of those certain tracts of land described deeds to St. Andrews Presbyterian Church J/ 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 'ANDTECH" 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 cast 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 'a of said 1.7218 acre tract and being the northeast corner of that certain described in deed to John O.V. 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. Andrews recorded under Harris County Clerk's File Number 2130027, 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 T52267 9, South 87° 24' 31" West, a distance of 300.00 feet to a 5/8 inch iron rod with plastic cap -tamped ^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 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 =_ne 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 37* 24' 31" East, a distance of 300.00 feet to the POINT OF BEGINNING and containing 1.7218 acres „ (75, Ono square feet). Parking Lot/Outdoor Play Area Property: All of lot Two, (2), Block Ninety, (90), of west University Second Section, City of west University Place, Harris county, Texas, more commcnly " known as 3303 Bissonnet, Houston, Texas. -Ipplictint: Jack Ballard on behalf of St. Andrew's Presbyterian Church Decision oi- 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 -i-y. ,Votice, 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) Heahni4 was held on: October 16, 2008. (X) Required determinations have been made by the ZBA as follows: (i) the proposed special exception will not cauae any increase in on-street parking; (ii) ('a-e 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 w, 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 "A"), but subject to the following conditions: •a 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 o are provided for use by persons visiting the structures shown in ,a Exhibit "A," (i) the applicant shall notify the administrative " official in writing; and(ii)this special exception is subject to ,N termination or modification by the Board. However, a reasonable period of time (not less than 180 days) shall be allowed to u 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: I IIS DECISION SI-IOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS, AND THE COST MUST BE PAID BY THE APPLICANT. ( "NLESS 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 Page 1 3 \I1"I'HORIZATION FROM THIS BOARD. NEITHER ADDITIONAL NOTICE NOR HEARING IS kF'OUIRED 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. ITIIS 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 TI IE 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 M APPLY TO ANY OTHER ACTIVITY, SITE OR STRUCTURE. TO OBTAIN A RULING FOR ANY OTHER ITEM REQUIRES SEPARATE APPLICATION, NOTICE, y HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION IMPLIES THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD. TI [IS 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: ( I ) 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 Presiding Oftice4 Zo no, Board of Adjustment Page 1 4 S•1•ATE OF TEXAS ('OUNTY OF HARRIS ' 11 This instrument was acknowledged before me on (date) by )Z1l,rLL(J 400arne) as Presiding Officer of the Zoning Board of Adjustment oethe City of West University Place, Texas. - - - - - - - - - - - - My ComnMmllon 10 .Asp n. 2000 l My commission expires: Notary Public This instrument was filed in the Board's office on 1416" and, if a mailing list is attached, copies were mailed to the persons on the list on N/A. I (line: l Cl Cl y4 f Title:. I~ j'r11t7. After recording_rerurn to: Sallye Clark, Secretary, Zoning Board of Adjustment City of West University Place 3326 Amherst Street h~ I louston, Texas 77005 Nil (Phone #:713-662-5843) ° Gy z w;i .r';!'(;nf:S"T3'c .rgr.•tpRANDUM: _ -j~ It ,r s found av At *.he t.r.., _ ..,3t .;r tog'n(~h1C _ +J 1~ to ♦Y 1 ~ t: r .,t,t t aLL''ue ;.;:t.u `~t:J3 L:.:i-+-:1--t = CJ yd ^V N 1 ~ r- xl+iaiTA" E} ~;'d ~ Cni! !i P~CGR Cm 0 ypC~7~ A't- Oro ~KiL )O ILOCl1 Ex'9i MG •C u _ 1 1v NO JOiBC9 pE~. E'.~9Pi `9;0 m I vG= eG RE1~~'.N I 3 ~I W a• ::li v ~ w i e.'~~B a_!E~-E:.i~q~NG inn N I le ~B~ ! _ sire oe~on,er+i 0 oPS. g*uer r•daci.G as-e-~r .nwc:rr, ~ ~ d N7 urt MJ+6'q n.vF. mSxvE~n(IS'rtS~if Find Au+tJ i~%YOE[:IGI r TIE E ST[[xbf OClYOAG ANEASRINGUNJfX(NEII.f uOFARttAN 4R SinTF OA TfXAB C W NTY Oi NARRiS ~ M IM Y r Yrn Y hID . ra xr>. salsa ~mY 1[WIf➢.rfdvrtt rwM W NwTx O~.ts~ r nm NOV -12008 CXN~ CEER