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HomeMy WebLinkAbout08272015 ZBA Decision 1 The City of West t_:'ruivcrsity Place I \ca llbut1uK ciCant Zoning Board of Adjustment RP-2018-361023 08/08/2018 08/08/2018 RP1 $48.00 City of West University Place,Texas("City") Docket No. 2015-05 DECISION TO ISSUE A SPECIAL EXCEPTION (HIGH-DENSITY OCCUPANCY,ACCESSORY USES/STRUCTURES IN A SINGLE-FAMILY DISTRICT) Address of building site: 3821 and 3831 Amherst Street,West University Place,Texas 77005 Legal description of the building site: Lots 3, 4 and 5 in Block 18, College View, an addition in Harris I) County, Texas according to the map or plat thereof recorded in Volume 6, Page 44 of the Map Records of Harris County,Texas. \J7APPlicant: West University Baptist Church Decision or Action Requested: Issue a Special Exception as authorized by Table 7-1,Notes 1 and 3,of 9' P � Y , the Zoning Ordinance,or modify one or more previous special exceptions,to authorize the applicant to build a youth ministry building and parking area on the site in a single family(detached)zoning district (or modify one or more previously-issued special exceptions,also operated by applicant and in use of the site by the applicant). (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 Debbie Scarcella, City Planner,City of West University Place,Texas. (X) Hearing was held on: August 27,2015 (X) Required and special determinations have been made by the ZBA as follows: 1. The proposed special exception: a. will not cause any significant increase in on-street parking; b. will not cause any substantial traffic congestion; c. will not cause any substantial increase in traffic or an unreasonable burden upon utility systems or upon any other public facility or public service; and d.will be in harmony with the general purpose and intent of the Zoning Ordinance. 2. The requested high-density occupancy is: a. accessory to a lawful primary use(a place of worship);and b.reasonably compatible with nearby sites and their uses. 3. Each additional use and structure authorized by this decision is: a. accessory to a lawful primary use(a place of worship); and b. compatible with nearby sites and their uses. Vote. The vote was: five for; zero opposed to,this decision. Decision(subject to all applicable administrative remedies and appeals): Under and subject to the City's Zoning Ordinance and applicable law,a special exception as specifically allowed by(identify the exact provision) Table 7-1 (entitled"Uses"),including Notes 1 and 3 of the Zoning Ordinance,is issued for the site identified above subject to the following: (1) SCOPE OF SPECIAL EXCEPTION; LIMITATIONS; AMENDMENT. Cor iiireN Decision To Issue A Special Exception Page 1 3800 University Boulevard ( West University Place, TX 77005 1 www.westutx.gov "1'lic City� ref West University Place 1 .V`cir1ihvrlhoxacd C In The scope of the special exception is subject to the following limitations: (a) it only authorizes: (i)the structures shown on the attached sketch labeled"Exhibit A,"and(ii)the uses,occupancies and activities described in the attached narrative labeled"Exhibit B;"and (b)it only applies when the principal use of the building site and the structures is for a place of worship. No further change in the site or any structure,occupancy or activity is authorized,but the operator and owner of the site may apply for an amendment to the special exception to authorize such a change. See Section 6-101 of the Zoning Ordinance for the effect upon affirmative defenses if a limitation is not observed or fulfilled. (2) CONDITIONS. The Board prescribes the conditions listed below. These conditions have been prescribed to the extent necessary to enable the Board to make findings or determinations necessary for the issuance of the special exception(or otherwise necessary to minimize or diminish an adverse effect of the special exception). Therefore,these conditions are essential to the special exception. If there is non-compliance with a condition,neither"high- density occupancy"nor an accessory use or structure is authorized during the period of non- compliance. See Section 6-101 of the Zoning Ordinance for the effect upon affirmative defenses if a condition is not observed or fulfilled. (a)Required Items. Certain items shown or described in Exhibit A or Exhibit B must be provided and maintained in good condition,as follows: (i)trees and shrubbery equivalent to those on the main church property at 6218 Auden Street,(ii)planting screens along Amherst Street as required by the Zoning Ordinance,(iii)pervious areas as indicated in Exhibit B,and(iv)parking,including handicapped parking. (b)Pedestrians,Bicycling and On-Street Parking. Certain items to encourage pedestrian and bicycle access to the site must be provided and maintained in good condition,as follows: (i)new sidewalk at least six feet wide,(ii)pedestrian benches,(iii) pedestrian-scale lighting,(iv)shade trees equivalent to those along the east side of Auden Street adjacent to the baseball fields,and(v)bicycle racks. (c)Required Use of Off-Street Parking: The operator of the youth facility must take reasonable steps to cause persons visiting,occupying,dropping off passengers at or retrieving passengers from the facility(or other nearby facilities controlled by the operator)to refrain from parking motor vehicles on public streets(other than the 6200 block of Auden Street)unless they first determine that there is no available off- street parking accessible from Auden(6200 block),Amherst,College or Milton Street. The reasonable measures must include giving notices of the requirements of this paragraph and instructing violators to stop violating. The notices must be given: (i)at least once each calendar month in the operator's newsletter,bulletin or special mailings; (ii)at all times on the operator's main website,in a prominent position; and(iii)on clearly-legible signs posted at each driveway entrance to the parking area adjoining the youth facility and at each outer doorway of the youth facility. Such signs are approved as accessory structures. (d)SF privacy protection.From the youth facility there may not be a direct sight line from any elevated viewpoint to any point in an"SF privacy zone." An"elevated viewpoint"is any viewpoint on an upper floor at or below eye level(six feet). An "upper floor"is any floored area(indoors or outdoors)where the floor is eight feet ini Cir Decision To Issue A Special Exception Page 2 aii) 0 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place 1 ,\'ci, 17borIyx. d an or higher. The"SF privacy zone" includes every point: (i)within 100 feet of any elevated viewpoint,(ii)on a building site used for residential purposes in an SF District,and(iii)below 20 feet in height. Refer to Figure SFP of the Zoning Ordinance for assistance in applying this condition(except that the floor height shall be eight feet or higher instead of 18 feet or higher). Enforcement of this condition may not be necessary if written consent of the affected property owners is received by the Administrative Official. (e) Off-Street Parking in Study Area. Based upon report by Traffic Engineers,Inc. (see, especially,page 21 and Table 5,in attached Exhibit C),a minimum of 197 off-street parking spaces must be provided in the Study Area and made available to persons occupying or visiting the youth facility. (The"Study Area"is the area bounded by Rice Boulevard,Auden Street,University Boulevard and College Street.) Shared spaces count toward the 197 spaces,if persons occupying or visiting the youth facility are allowed to use the shared spaces during peak occupancy times of the youth facility,e.g., Sunday morning,Wednesday evening. If the operator of the youth facility adds the education building mentioned below Table 5 on page 21 of the report by Traffic Engineers,Inc. (or makes another change in the Study Area which,under the Zoning Ordinance,requires more off-street parking),the number of spaces required by this condition increases by the number of off-street parking spaces the Zoning Ordinance requires to be added because of the change. If the operator of the youth facility makes a change which,under the Zoning Ordinance, requires fewer off-street parking spaces,the operator may apply for an amendment of this condition to reduce the number of spaces required. (3) ADMINISTRATIVE OFFICIAL; SUBMISSIONS TO BOARD. The administrative official is requested to keep the Board informed about compliance with this decision. Should there be non-compliance with any term or condition,the administrative official is requested to take appropriate action and submit the matter to the Board for further consideration and action. Other Provisions: THIS DECISION SHALL 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 180-TH 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 DATE OF THIS DECISION. NO EXTENSION OF ANY PRESCRIBED TIME PERIOD IN THIS DECISION MAY BE GRANTED WITHOUT AUTHORIZATION FROM THIS BOARD,EXCEPT THAT THE ADMINISTRATIVE OFFICIAL MAY EXTEND THE TIME TO APPLY FOR PERMITS FOR ONE ADDITIONAL 180-DAY PERIOD. NEITHER ADDITIONAL NOTICE NOR HEARING IS REQUIRED FOR GRANTING A TIME EXTENSION. IF ANY WORK OR CONDITION IS NOT DONE WITHIN A PRESCRIBED TIME PERIOD--AND NO TIME EXTENSION IS GRANTED-- Li) Cm. ittill '1,*t Decision To Issue A Special Exception Page 3 TOP' PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov rlThe City of West University Place ....) , , ..,,„.„,„„.,,,,,,,,cm THIS DECISION REMAINS IN EFFECT, BUT IT IS SUBJECT TO REVERSAL OR MODIFICATION BY THE BOARD WITHOUT ADDITIONAL NOTICE OR HEARING. THIS DECISION APPLIES ONLY TO THE SPECIFIC ZONING ORDINANCE PROVISION(S) IDENTIFIED ABOVE. IT DOES NOT APPLY TO OR AFFECT: (A)OTHER REQUIREMENTS (SUCH AS,FOR EXAMPLE,REGULATION OF SITES,BUILDINGS AND OTHER STRUCTURES UNDER 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 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,Administrative Remedies&Appeals: Subject to applicable administrative remedies and appeals,this decision takes effect on the date it is signed and filed in the Board's office(c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst,West University Place,Texas 77005),unless otherwise indicated above. Any re-hearing of this decision is governed by the rules of the Zoning Board of Adjustment. 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. Other provisions of the Zoning Ordinance allow remedies in certain circumstances. See, for example, Sections 8-112 and 14-100. oUv ZONING BOARD OF ADJUSTMENT, \ CITY OF WEST UNIVERSITY PLACE,TEXAS By. Presiding Officer,Zoning Board of Adjustment 0 Cir Decision To Issue A Special Exception Page 4 ii 3800 University Boulevard I West University Place, TX 77005 I www.westutx,gov 10 r I,Ile ( A ' of University Place I Neighborh0(4 O n STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on /0- /- /' (date)by .math I'kiat. Y> , _ ; me)as Presidin:Officer of the Zoning Board of Adjustment of the City of West University Place,T.4:1 -... MIKE MORRIS ifi NOTARY PUBLIC (SEAL) �, �;; State of Texas ''t;; * Comm.Exp.07-16-2017 My commission expires: - - i Notary Public This instrument was filed in the Board's office on l 0 - ) - / S- , and, if a mailing list is attached, copies were mailed to the persons on the list on lk v W.- , /. By. / Name: 2)w-61.21e SC'GU/cr,a(a-- Title:e... et ne-r After recording return to; il Secretary,Zoning Board of Adjustment (Phone#: 713-662-5843) City of West University Place 3826 Amherst Street Houston,Texas 77005 Decision To Issue A Special Exception Page 5 ? NLA(kS aii) 3800 University Boulevard ( West University Place, TX 77005 I www.westutx.gov L a., ni (I) .-.. r''4.- .4- ,-4 ----1 tl) 1 01101d . '- I , \ ' 4 rot_ .., / 4r 1 ..,.. t.,..;.0-4 ■2: x , ,-- 11 ..-,- , ■ ____ ,......„ i - It 0 , I W41 fl) . I , '''' crl o , oct r*) PI I k ) ..r. W• g ..., a" t,:j Exhibit "B" Special Exception Request — West University Baptist Church 3821 3831 Amherst; Zone SF-3 Zoning ordinance section that authorizes the special exception: Appendix A, Section 7-101 ; Table 7-1 — Notes 1 and 3 Note 1. High-density occupancies in SF District. High-density occupancies are allowed in SF Districts only to the extent authorized by a special exception. The ZBA may issue such a special exception if it finds and determines that the occupancy is a use that is (i) accessory to a lawful primary use and (ii) reasonably compatible with nearby sites and,their use (in addition to any other findings and determinations required for a special exception). Note: A previously-issued special exception that authorized a use with a high-density occupancy is sufficient to comply with this note. Note 3. Accessory Uses and Structures. In the indicated districts, the ZBA may issue a special exception to authorize additional uses and structures, if the ZBA finds and determines that each additional use and structure is: (i) accessory to a lawful primary use and (ii) compatible with nearby sites and their uses. The special exception may include a site plan identifying and limiting such uses and structures. Exact wording of special exception requested: • WUBC requests either an exception to construct a Youth Ministry Sul'dine and adjacent parking lot, on the three lots that the church owns at 3821 — 3831 Amherst; or a modification to the existing exception that was granted by the ZBA in 2003 (attached). The original exception authorized "church use" for the site, and a second decision authorized the use of the two buildings as they are with the parking (per the drawing attached to the decision). Even though the density and intensity of the use will change from that of the two "residential" structures that are currently there, the zoning ordinance states that a previously issued special exception authorizing a use with a high density occupancy is sufficient to comply with the note. (Table 7-1, Note 1 ). o West University Baptist Church (WUBC) believes the new Youth Ministry Building meets the requirements for a special exception or a modification to the original exception, since the building is accessory to a lawful primary use, the lots are currently utilized by WUBC for high-density occupancy, and the building / parking is compatible with nearby sites and their Exhibit "B" , • uses. The new building is visually compatible with the adjacent residential structures, and the adjacent Church parking lot (adjoining the eastern property line); and the new building footprint is very similar to the combined footprints of the existing church buildings on the site (3428 s.f. existing to 3526 s.f. new). • The lots, totaling 17,100 s.f. (150' x 114') now support two residential-style buildings that are utilized for WUBC ministries. The two buildings (each one-story), contain a combined 3,428 gross square feet. Both buildings maintain full kitchens and supporting restroom / bath facilities. The total count of plumbing fixtures is: 3 low-efficiency water closets, 3 lavatories, 1 tub/shower and 1 stand- along shower, 2 double sinks, 2 dishwashers, and 2 garbage disposers. Each kitchen contains range / ovens and refrigerator I freezer units. One of the buildings is equipped with window-units (3) and the other building is equipped with central air and heat. A total of 2 head-in parking spaces is provided on-site. • The new Youth Ministry building will take the place of the two existing buildings. The new building will be "residential-style" in appearance — utilizing brick masonry and cement plaster; however, the building will include commercial features such as steel structure, fire- sprinkler system, accessibility for the physically-impaired, and energy-efficiency / water efficiency/ material enhancements that will enable submission for LEED (Leadership in Energy and Environmental Design — U. S. Green Building Council) certification. The new building and parking lot will fully comply with zoning requirements for lot coverage, open space, and pervious surfacing. (Please see the site plan for actual numbers and percentages) • The grounds will be fully landscaped with a high-efficiency water sprinkler system. The building and adjacent parking lot will be solid- fenced at adjacent residential properties (South and West sides), and buffered with trees and shrubbery. Requirements of the zoning ordinance regarding planting-screens along Amherst Street will be complied with. The style of light fixture currently in use within the • TRAFFIC EjNOINEERS, INC. Exhibit"B" Table 5:Projected 2017 Parking Demand and Occupancy 2017 2017 201 2017 Location Capacity Capacity Typical Day Sunday Morning Demand Occupancy Demand Occupancy Study Area Off Street Parking 139 159 68 43% 159 100% On Street Parking t 278 278 67 25% 278 100% University Boulevard Spillover 61 61 - 0% 61 100% Outside Study Area On Street - 0% 2 0% Parking Study Area Total 3 478 498 135 25% 500 100% 1 Sum of on-street parallel spaces and on street head in spaces Head-in spaces along University Boulevard at West University Elementary School 'Includes University Boulevard Spillover capacity Note:Does not Include analysis of parking for Christmas,Easter, sporting events or special school events It is not recommend to provide parking supply to accommodate special events, festivals, and high church days such as Christmas and Easter. The study area is a major hub of activity within the City due to not only the WUBC campus and City Hall, but also Huffington Park, the WULI. baseball fields, and other community activities. WUBC is proactively addressing the parking capacity issues within and outside the study area. With the proposed developments, WUBC will increase off street parking within the study area by 14% in 2017. The additional off-street parking will support the anticipated congregation growth of WUBC over the next few years and will also support parking demands of the surrounding activity centers. RECORDER'S MEMORANDUM: At the time of recordation, this instrument was found to be inadequate for the best photographic reproduction because of illegibility, carbon or photo copy,discolored paper,etc.All blockouts, additions and chanoes were present at the time the instrument was filed and recorded. FILED FOR RECORD 9:52:42 AM Wednesday, August 8, 2018 1 ,a*;64--744.24.1"-- COUNTY CLERK, HARRIS COUNTY, TEXAS • ANY PROVISION HEREIN WHICH RESTRICTS THE SALE RENTAL,OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. THE STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me,and was duly RECORDED; in the Official Public Records of Real Property of Harris County Texas Wednesday, August 8, 2018 QxviA ii.Roy " COUNTY CLERK `d 5` HARRIS COUNTY, TEXAS