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HomeMy WebLinkAbout05202010 ZBA Minutes City of West University Place A Neighborhood City C Recycled Paper ZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD MEETING MINUTES May 20, 2010 6:30 p.m. I. MEMBERS PRESENT: Richard Wilson(voting),Jeann Howse(voting), Samantha Brantley (voting), Carole Steen(voting), Glenn Roberts,Martha Bersch(voting), Cliff Thuot and Andrew Zeve MEMBERS ABSENT: Frank Vargas, Jr. III. STAFF PRESENT: Debbie Scarcella, City Planner, Jolie Lenz, City Legal Counsel and Sallye A. Clark,Planning Assistant IV. CALL TO ORDER: 6:30 p.m. Agenda Item Discussion Action 1 Call the meeting to Richard Wilson called the meeting to order at 6:34 Martha Bersch moved to accept that all order and Protocol. p.m.Richard Wilson asked all members and staff to notices were properly posted and Notices,Rules,Etc. introduce themselves. Sallye A. Clark, Planning distributed for this meeting. Motion Assistant stated all notices were posted as required was 2nd by Jeann Howse.Ayes:Richard by city and state law. Wilson, Jeann Howse, Samantha Swearing in of witnesses. Brantley, Carole Steen and Martha Bersch.Motion passed.Richard Wilson administered the oath to all witnesses. 2 Docket No. 2010-02, Elizabeth Harris and Peter Cooper with Craves Jeann Howse made a motion to close Property at 5600 Cupcakes gave a presentation for Docket 2010-02, the evidentiary portion of the appeal. Kirby Dr,(Appeal) The property is a shopping center and the applicant Motion was 2nd by Martha Bersch. Applicant requests an wants to open a cupcake bakery/store in about 1900 Richard Wilson, Jeann Howse, Appeal from a decision square feet of the center. The applicant will bake Samantha Brantley,Martha Bersch and of the Administrative and sell cupcakes in the store, and will have a Carole Steen voted aye. Motion Official determining catering/delivery element to the business as well. passed. the use of the space as a The applicant is not interested in having dine-in After deliberation, Jeann Howse made restaurant versus a customers or customers who stay for long periods of a motion to reverse the decision of the retail establishment and time. The goal is to serve the customers quickly so Administrative Official and for the resulting parking that they will leave. The hours of operation during purposes of parking requirements, requirements per the week are 8 am to 8 pm,9 am to 8pm on Saturday consider the establishment as a retail Section 10-100, Off- and 10 am to 7 pm on Sunday. There will be operation. Motion was 2nd by Martha Street Parking: between 5 and 7 employees at one time on the site. Bersch. Richard Wilson, Jeann Deliberation, decisions, The applicant requests that the ZBA reverse the Howse, Samantha Brantley, Martha other action, etc. Administrative Official's determination that the Bersch and Carole Steen voted aye. regarding the preceding business is a restaurant, which requires more Motion passed. matters. parking spaces than retail, which is essentially the The ZBA asked staff to consider type of service they provide. Steve Hussman, with presenting the Zoning and Planning Hussman Architects, discussed the detailed layout Commission with the opportunity to and use of the lease space. study these types of establishments and the parking spaces needed to 3800 University Boulevard • West University Place, Texas 77005-2899 • 713.668.4441 • www.westu.org Zoning Board of Adjustment Minutes May 20, 2010 Meeting 2 Sallye Clark, Planning Assistant, stated that no adequately serve these types of food correspondence was received in favor or opposition services. to the request. Larry Plotsky,representing Robert Deering, owner of the shopping center,spoke in favor of the request. Steve Visintine,2615 Nottingham,spoke against the request based on current parking issues. David Kulkarni, 2626 Nottingham, spoke against the request due to the parking issues. Judy Chang, 2616 Nottingham, spoke against the request because of parking concerns. Debbie Scarcella, City Planner gave the background and staff response as follows: The applicant's appeal concerns the status of a proposed lease space planned at 5600 Kirby Drive. The applicant proposes to modify a portion of a lease space (1900) square feet to operate a "Crave Cupcakes" business. The building site located at 5600 Kirby Drive is currently a shopping center which houses Azuma's,Chipotle's,Cova,and other assorted retail establishments. A variance authorizing a reduction in minimum required number of parking spaces was granted in 2001 and established a minimum number of 119 parking spaces to be maintained based on the current and then proposed mix of retail and food service spaces. The property owner is currently maintaining 121 spaces on-site and through an agreement with the bank next door. The applicant applied for a building permit to renovate and modify a portion of the existing retail lease space in order to convert it into a business which prepares,bakes and sells cupcakes. By definition, in Section 34-51 of Code of Ordinances governing Food and Food Handlers,the proposed business is considered a food service establishment. There is not a similar definition in the zoning regulations. Under Section 10-100, the minimum number of parking spaces required for a shopping center is computed per a special category for shopping centers. Four spaces per thousand square feet are calculated for the entire center. Additional spaces for office space in excess of 10% of the gross floor area, theaters, auditoriums, and food service are required per Note 2 of the table. For food service, an additional 10 spaces per thousand square feet must be provided. The applicant believes that the nature of the proposed business is more consistent with a retail operation Zoning Board of Adjustment Minutes May 20, 2010 Meeting 3 than with a food service operation. A classification of retail for this business would not create the requirement for additional parking spaces. The number of required parking spaces for shopping centers(4 per 1,000 square feet)is based upon the recognition that different types of businesses will operate at different peak levels at different times during the day and therefore are able to"share"the parking spaces provided. The additional parking space requirements for higher density uses such as food service,therefore acknowledges that these businesses will require a higher ratio of parking spaces to accommodate the increased usage at peak times. The tables were created to help keep the parking load from overflowing onto the adjacent residential side streets,by installing and maintaining adequate onsite parking to accommodate the customers. Since there is not a definition of"food service"in the zoning regulations, staff has historically gone to other definitions in the Code of Ordinances to assist in interpreting the regulations. Chapter 34 defines a food service establishment for the purposes of requiring food handling licenses and permits through the Harris County Health Department. A food service establishment is one in which any type of food is manufactured, packaged,produced,processed,transported, stored, sold, commercially prepared, or otherwise handled. There is an exception for those establishments that sell only pre-packaged or commercially packaged foods. This definition, of course, establishes those types of food services that must meet health and safety regulations for food handling through the county and state. It was originally not intended for use to establish minimum parking standards. The applicant believes that it can establish that the business will not generate the numbers of cars for extended periods of time as a dine-in facility would generate. The applicant's hours of operation are also different than that of a normal restaurant. Staff's basis for the determination is based on the food service designation in Note 2 of the table, versus the designation of a restaurant as listed in the line classification in the regular table. The parking requirement is the same at 10 per thousand square feet. Staff believes that the intention was to include all food services operating in shopping centers therefore holding them to the higher standard. The ZBA has the authority to hear this appeal and Zoning Board of Adjustment Minutes May 20, 2010 Meeting 4 to affirm,modify or reverse the decision of the Administrative Official. The applicant has applied for a permit to make alterations to the lease space and is awaiting this decision in order to proceed with construction. 3 Docket No. 2010-03, Lance Thompson, owner of T//H Landholdings, Jeann Howse made a motion to close Commercial Business Inc. made a presentation of the request. The the evidentiary portion of the hearing. at 3636 Rice Blvd., property was purchased in March 2010 for the Motion was 211d by Martha Bersch. West University Place, purpose of renovating the spaces into a Richard Wilson,Jeann Howse,Martha Texas 77005(Variance cafe/restaurant while retaining the current bank Bersch and Carole Steen voted aye. and Special portion. The hope is that most patrons of the Motion passed. Exception). restaurant will walk or bike to the restaurant. The After discussion,Jeann Howse moved Deliberation,decisions, applicant has met with many of the adjoining that the hearing of this application, other action, etc. property owners and intends to operate the docket 2010-03 be recessed and regarding the restaurant with minimal impact to the continued until the meeting set for following matters: neighborhood. The owner plans on installing June 17, 2010 so that the co-owner of Public hearing visual and sound buffers, limiting hours of T/H Landholdings, Greg Thompson, regarding the operation, including garbage disposal and limiting can be present. following matters: hours for outdoor dining. The applicant requests a Martha Bersch seconded the motion. Applicant requests a special exception to create an additional curb cut Ayes: Richard Wilson,Jeann Howse, Special Exception to on the north end of the parking lot to aid in Samantha Brantley,Martha Bersch allow an additional curb internal traffic circulation. The applicant also and Carole Steen. Motion passed. cut in a SFD (Single requests a variance for the reduction in the Family District) per required parking spaces. Table 7-5a Parking, Sallye Clark, Planning Assistant, stated that no driveways, etc. The correspondence was received in favor or opposition applicant also requests a to the request. variance to allow a No one spoke in favor of the request. reduction in the minimum number of David Aguilar, 3716 Georgetown, spoke against required parking spaces the request due to concerns about safety. per Section 10-100 Off- street parking. Stan Smith, 3702 Georgetown, spoke against the Deliberation, request due to many concerns about increased decisions, other traffic,noise and parking. action, etc.regarding the preceding John Sieber, 3621 Georgetown, spoke against the matters. request. Debbie Scarcella, City Planner gave the staff report as follows: The applicant's property is located at 3636 Boulevard just west of Poor Farm ditch and northeast of the intersection of Rice Boulevard and Edloe Street. The site is partially located in both a commercial and single family (detached)(SF-3)zoning district,but the north half of the site has prior nonconforming(PNC) status as a business established by a special exception issued on September 13, 2000. The special exception was granted to reinstate and extend PNC status for a parking lot in a single- family district related to the business activity of adjacent site to the south. (Copy of the decision Zoning Board of Adjustment Minutes May 20, 2010 Meeting 5 is attached.) The special exception extended the PNC status for 20 years, or until September 13, 2020. The site was established as a grocery store around 1950 and currently houses only a bank facility. The building contains 10,500 square feet and until recently was home to JMH grocery and Amegy bank. The property was recently sold to the applicant who is proposing to expand the banking facility and develop a restaurant/retail space and an office space. This will not expand (or increase)the non-conformity of the use since the business uses are light commercial,but will affect the minimum parking requirements. The applicant currently provides 47 regular spaces on the building site, 16 of which are pull-in spaces contained within the property boundaries along Rice Boulevard and Edloe Street. These spaces likely have PNC status for maneuvering area. The remainder of the spaces(31)are provided on the rear adjacent building site. The required number of spaces for the site is 53, or 6 spaces less than required. It is likely that PNC status for parking was acquired when updated parking regulations were enacted. The minimum number of required parking spaces will increase with the addition of the restaurant/retail and office space uses. By definition, a structure that contains more than two businesses is then considered a shopping center,which has a separate parking requirement category. The minimum number of parking spaces for a shopping center is 4 spaces per 1,000 square feet. If the shopping center contains either food service, office or theater/auditorium space, then additional parking spaces are required to be added to the total. For office space exceeding 10% of the gross floor area of the center, 3 spaces per thousand in excess of the 10%must be added. For food service space, an additional 10 spaces per 1,000 square feet of gross floor area must be provided. Based on the applicant's proposed modifications,the minimum required number of parking spaces will increase to 87 (10,525 /1000 x 4=42 spaces; 4347/1000 x 10=44 spaces; 10%x 10,525 = 1052-1313 x 3/1000= 1. 42+ 44+ 1 = 87). Including off-site parking spaces within 300 feet of the site,the applicant is only able to provide 67 parking spaces. Additionally, there is one curb cut provided off Edloe Street on the portion of the building site located within the SF3 district. A second curb cut is being requested on the north side of the building site, just past the curve in Edloe Street. The applicant believes this will help the traffic flow in and out Zoning Board of Adjustment Minutes May 20, 2010 Meeting 6 of the parking lot and the configuration will provide 4 additional parking spaces. Section 10-103 of the zoning regulations mandates that all required parking spaces be located on the same building site as the building space served. There is an exception for parking spaces located within 300 feet of the building served when an increase in the number of spaces is required by a change or enlargement of use. This section could authorize the use of existing parking spaces along the east side of Edloe Street and some spaces across the street at the Compass bank to help alleviate parking issues during certain peak hours of operation and off-time of the bank. Perhaps the applicant will provide evidence of an agreement authorizing use of the spaces from a property owner within 300 feet of the building site. The Board may also consider attaching conditions. A decision to grant a variance, for example, could logically include conditions to prevent"overflow"parking, e.g.: (1)restrictions on the operations of the proposed business ; (2) limits on the number of occupants in the building at one time; and(3)limits on the hours of operations of the businesses. Time limits may also be attached, limiting the time allowed to operate and/or requiring a new application for time extension. 4 Rules of Procedure. Debbie Scarcella, City Planner, gave an overview Jeann Howse made a motion to approve Matters related to of the changes in the rules of procedure. the changes in the rules of procedure as Zoning Board of Applicants must apply for authorized work within presented. Martha Bersch 2nd the Adjustment Rules of 90 days of the filing of the decision. Currently motion. Richard Wilson,Jeann Howse, Procedure regarding only the ZBA can extend the time allotted to apply Samantha Brantley,Martha Bersch and granting time for a permit. The proposed changes will change Carole Steen voted aye. Motion extensions. the allotted time to 180 days from filing of the passed. decision and will allow the Administrative Official to authorize one extension of time for an additional 180 day period. 5 Minutes. Minutes were not available for presentation. Adjournment. Jeann Howse made a motion to adjourn the meeting. Motion was 2na by Martha Bersch. Ayes: Richard Wilson, Jeann Howse, Samantha Brantley,Martha Bersch and Carole Steen. Motion passed. The meeting was adjourned at 9:00 p.m. PASSED THIS 02.A)61- DAY OF 2011. Zoning Board of Adjustment Minutes May 20, 2010 Meeting 7 % z \ g, Ric P /, J. Wilson, ', -ing Officer ATTEST: Sallye A. Clark, ' anning Assistant