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
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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.
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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
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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--
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rlThe City of West University Place
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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.
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ZONING BOARD OF ADJUSTMENT, \
CITY OF WEST UNIVERSITY PLACE,TEXAS
By.
Presiding Officer,Zoning Board of Adjustment
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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
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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 ?
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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