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HomeMy WebLinkAbout07232020 ZBA Agenda Item 4 West University Place To: Zoning Board of Adjustments From: Clay Chew,Building Official Date: July 23,2020 Re: Staff Report for Docket 20-0003 (3636 Rice) Applicant's Request Applicant is requesting a special exception for an extension of the PNC status indefinitely for the use of parking related to the business uses located on the adjacent property. Background Information The zoning of the site is split between a southern portion which is zoned Commercial ((Town Center) and the north portion which is single family. The site was historically parking for JMH Grocery and was allowed by Ordinance 517. In 1986 the parking use became PNC due to the demise of Ordinance 517. Special Exception Applicant is requesting a special exception to extend the PNC status indefinitely. Section 12-105. -Special Exceptions To Extend PNC Status. The ZBA may issue a special exception to extend or 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. 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 otherwise lose PNC status and may allow the continuation of PNC status. 1 t{t cT tJtrfL QF fiR City of West University Place Y ,e APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") TE`Yt.ti Address of site: 3636 Rice Avenue Legal description of the site: 0.98 acres out of Lot 2 of the Morse Subdivision of the A.C. Reynolds Survey, Harris County, Texas Applicant: T/H Land Holdings Ltd. Address: 1301 N. First Street, Bellaire, Texas 77401 Contact:Gregg Thompson Phone: 713-839-7056 Fax: Email: gregg©thompsonhanson.com Decision or Action Requested(check one or more and provide requested data): ( )Appeal. Hear and decide an appeal from an order, requirement, decision or determination made by the Administrative Official. • Is the official's action in writing? ( )Yes; ( )copy is attached. ( )No, but the action appealed is as follows: • When was the action taken? Note: Appeals must be filed within a reasonable time. Please explain any delay below: • Exact zoning ordinance section(s) involved: • Grounds for appeal: (X) Special Exception. • Exact zoning ordinance section that authorizes the special exception: Section 12.105 • Exact wording of special exception requested: The ZBA approves the extension of PNC Status indefinitely for the use of the area for the primary purpose of parking related to the business uses located on the adjacent property to the south (the former JMH Building). ( )Variance. • Exact zoning ordinance section from which a variance is requested: • Exact wording of variance requested: Other Data. Are there drawings or other data? ( )No ( )Yes(list items here and attach them) See attached Addendum Attached. The a.plicam h. read•t f .tate : • ity •gul. s attached. Signature of applicant: �D`atte::� T7 /1/2-o For Staff Use only Date filed�o\,(�-� �l" Date heard: . ^ )• 1DU - J Docket#: (0)`CPt Form ZBA-102 Addendum to Application to Zoning Board of Adjustment City of West University Place, Texas For Special Exception to Extend PNC status for 3636 Rice (Tiny Boxwoods/Texas Citizens Bank) I. Background This site currently contains the Texas Citizens Bank branch and the Tiny Boxwoods restaurant. Originally this site was the location of JMH Grocery Store No. 5, which was developed in the 1940's and operated through the late 1990's. JMH was a West U institution offering small-town service, including charge accounts. JMH was operated by the Darilek family for many years and then was sold to West U resident Charlie Wilson, and finally to an investor group headed by Jim Reid. Ultimately, the pressures of modern grocery store economics brought an end to JMH. Applicant, T/H Land Holdings Ltd., led by West U resident Gregg Thompson and his brother, Lance Thompson, purchased the site in 2010. The JMH Building was split in half with the Rice Avenue frontage leased to Texas Citizens Bank, which has operated a successful walk-up/drive- up location for many years (and recently elected into a 5-year renewal period). The bank has three additional 5-year renewalperiods and the possibilityto extend its lease through 2035. The rear of the site was developed into Tiny Boxwoods Restaurant No. 5, which has been a successful, community supported gathering place. The zoning of the site is split between a southern portion which is zoned Commercial (as part of West U's Downtown District) and the north portion, which has always been zoned Single Family, yet had been used as a parking area for JMH under Ordinance No. 517 passed on May 22, 1950. Ordinance No. 517 specifically authorized use as a parking area, notwithstanding being then located in the 7th Single Family Dwelling District (Exhibit "A"). In 2000, as a part of the sale of JMH to Charlie Wilson, an application was filed to obtain a Special Exception to reinstate the PNC status of the parking lot. This was necessary because when the West U Zoning Ordinance was comprehensively redrafted in 1986, the parking use became PNC (non-conforming) due to the demise of Ordinance No. 517. Due to oversight by the owners of JMH Grocery Store, no effort was made to obtain a Special Exception or other legal designation for the parking area. A copy of the September 20, 2000 Decision to Grant a Special Exception are attached as Exhibit The Special Exception was unanimously approved for 20 years. A copy of a current site plan is shown as Exhibit"C". The entire JMH site is approximately 1 ac. and the parking area is the north most approximately 1/3. II. Request for Special Exception to Extend PNC Status The current PNC status expires September 13, 2020. 1 For the last 20 years, the parking area has been used consistent with the Special Exception for the primary purpose of parking related to the business use located on the adjacent property to the south (i.e., the old JMH building which now houses Texas Citizens Bank and Tiny Boxwoods Restaurant No. 5). The circumstances which supported the issuance of the Special Exception in 2000 continue today. The facilities on the site have been substantially upgraded and have a significant remaining physical and economic life (exceeding 50 years). This parking is critical to the operation of the adjacent businesses and without it, those businesses could not continue. The businesses operated on this site provide substantial amenities to the City and have received strong support from citizens. The operation of these businesses has not resulted in any material adverse consequences to the City or any neighbors. The Special Exception should be continued for an indefinite period. III. Requirements to Extend PNC Status Section 12.105 of the Zoning Ordinance provides the requirements for a Special Exception to extend PNC status and is reproduced below: Section 12-105.-Special Exceptions To Extend PNC Status. The ZBA may issue a special exception to extend or 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. 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 otherwise lose PNC status and may allow the continuation of PNC status. IV. Analysis of Requirements The following are the requirements for a Special Exception to extend PNC status and the arguments which justify the requested Special Exception: 1. Application by the Owner—T/H Land Holdings, Ltd. (Gregg and Lance Thompson) is the current owner of the site (see HCAD Record attached as Exhibit "D" and the Deed attached as Exhibit "E"). 2. A substantial investment was recently made in the PNC item, or in reliance upon it—both Applicant and its Tenants (Texas Citizens Bank and Tiny Boxwoods Restaurant No. 5) rely upon the available parking in this area to support their businesses. Because this parking has been in existence as long as anyone can remember, the 2000 Special Exception was in place, and the businesses located at the site were supportive of the 2 neighborhood, it was reasonable for Applicant to purchase the site (and the Tenants to lease portions of the site) with the expectation that the PNC status would be extended in the future. It was Applicant's judgment that the utility of the site for its zoned purpose (Single Family)was low considering its location near the West U Downtown,the adjacency of Poor Farm Ditch and the unusual shape of the property. All of these factors reasonably supported Applicant's judgment that the parking area would be made available to support the former JMH building in the future. Single family use on this site is not appropriate. 3. 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-The parking area is extremely valuable to facilitate the use of the entirety of the former JMH building. The physical improvements in the parking area are in excellent condition and have a substantial remaining economic and physical life. If PNC status is terminated, the area would have questionable value for single family use and the physical improvements would have no value. 4. The extension may be for a fixed term or for an indefinite period - The circumstances of the former JMH site will not change in the future; therefore, an extension for an indefinite period is requested, and is reasonable. The existent economic and physical life of the current structures is at least 50 years. The physical configuration of the PNC site will not change and is not well suited for its underlying zoned use as Single Family. The south portion of the former JMH building site is zoned Commercial and is reasonably expected to have demand for that use for an indefinite period, and since the PNC area provides a significant portion of the parking for the former JMH building, it is logical to request that the parking use be permitted for an indefinite period. V. Request Applicant respectfully requests that the PNC status granted by Decision to Grant a Special Exception dated September 20, 2000, be extended indefinitely. -spectfully .• :d, Reid C. ilson Wilson, Cribbs & Goren, P.C. Counsel for T/H Land Holdings Ltd. Date: July 1, 2020 Exhibits: A- Ord. 517 from 1950 authorizing parking use B- 2000 ZBA Order approving PNC Status C- Site Plan D- HCAD Record for Site E- Deed to Site 3 mum Lt_.._l.__1 40 EXHIBIT A ORDINANCE NO. 517 AN ORDINANCE•AMENDING ORDINANCE NO. 111 Cl? THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY AMENDING SECTION 11 THEREOF BY I ADDING A NEW SUB-PARAGRAPH TO BE KNOWN AS NO. 10 PERMITTING ' THE USE AS .A PARKING AREA OF A CERTAIN SPECIFinv PORTION CF THE SEVENTH SINGLE FAMILY DWELLING DISTRICT. BE IT ORDAINED by the City Commission of the City of West University Place, Texas, that Section It of Ordinance No. 111 be amended by the insertion therein of a new sub-paragraph to be known as 10 which reads':as follows: Sub-paragraph 10. Parking lot on the following described !property located in.the Seventh Single Family Dwelling Dis- . trict: Ninety-eight one-hundredths (.098) of an acre, more or less, out of that certain tract of land out of Lot No. Two (2) of the Morse Subdivision of the A. C. Reynolds Survey in Harris . County, Texas, 'conveyed by Chas. A. Wood, et ux, to W. D. Haden and D. T. •Austin. by deed dated February 6, 1924, re- corded in Volume 5611, Page 219, of the Deed Records of Harris County, Texas, and described by metes and bounds as follows, to-wit: BEGINNING at the intersection of the North property line of Rice Boulevard with the East property.line of Edloe Street; THENCE North along the East line of Edloe Street a Distance of One Hundred Twenty-four (1211') feet to a point for a curve; THENCE in a Northeasterly direction with a curve to the right, the radius of which is Two Hundred (200'). feet, a distance of Two Hundred Nine and Forty-Four; One. Hundredths (209.441) feet to a point of reverse curve; THENCE continuing in .a Northeasterly direction with a curve to the left, the radius of which is One Hundred.Thirty (130') feet, to a paint for corner in the center of the. drainage ditch; being the same .drainage ditch that is provided for in that certa'Ln easement instrument bearing date June 20, 1924, W. D. Haden and D. T.'Austin unto Harris County, recorded in Volume 1383, Page 320, Deed Records of Harris County, Texas; and the center line of said drainage ditch being also the East of boundary line of the property then'owned by said Haden and Austin in said A. C. Reynolds Survey; • THENCE South along the center line of said drainage ditch and East of boundary line aforementioned, a distance of Three Hundred Fifty Nine and Eight-Tenths (359.8') feet to the North property line of said Rice Boulevard; . THENCE West along the North property line of said Rice Boulevard • 41 • a distance of One Hundred Fifty-Five (1550 feet to the East line of said Edloe street and point of beginning; containing Ninety-Eight One-Hundredths (.098) of an acre, more or less. Less, howevei, that portion of the above tract lying South of a line One-Hundred Fifty (1501) feet North of and parallel to the North line of Rice Boulevard and cutting off the South One Hundred Fifty (150) feet of'thetiaot above described; 'which South One Hundred Fifty (150 ) feet of said tract has heretofore been zoned by the City of West University Place for business use. PASSED AND APPROVED this 22nd day of May, 1950, by a vote of 5 AYES and 0 NON. • - 1 - • 414(4, • MOM City • ."est lulversi • Place, Texas ATTEST; • • ,„el City Secre •04 • • • • .• • EXHIBIT B city of West University Place ZONING BOARD OF ADJUSTMENT City of West University Place,Texas("City") DECISION TO GRANT A SPECIAL EXCEPTION Address of Site: 3636 Rice Legal Description of Site: .98 acres out of Lot 2 of the Morse Subdivision of the A.C.Reynolds Survey,Harris County ,Texas Building Permit Number: Persnittee/Appiicant: Jody Naas Decision or Action Requested or Proposed._ A request for special exception for reinstatement of PNC status for the parking lot presently located in a Single Family District. Notice,Hearing,Findings,Yale: (X) Required notice given by: Mall and on-site posting in accordance with Article 11 by Ronald 3.WIcker,Interim Planning and Development Asst. City of West University Place (X) Regoircd determinations have been made by the ZBA with respect to the spec-iai exception as granted below: The parking for the JFW property. It has existed as parking lot for over 50 years. The continued use as a parking lot will not cause a substantial adverse effect on other persons or the area. • ( ) Additional Findings: fff (X) Hearing held om September 13,2000 (X) The vote: Steve Mazoff, Mark Plagens,Michael Neal,Frank Billings and Steven Segal voted for,no one opposed. Decision of the Zoning Board of Adjustment(subject to all applicable appeals): The ZBA approved the Special Exception for reinstatement of PNC status for a period of 20 years,with the stipulation that the parking lot could be used for the primary purpose of parking related to the business use located an the adjacent property to the south. This special exception is for a 20 year time period. Ws special exception remains subject to the regulatory jurisdiction of the city,and it does not grant any property right or vested right of artyfcind. F,Bbctive Date &Appeals; This decision takes effect on the date It Is Ned in the Board's office(do Secretary of the Zoning Board of Adjustment, 3800 University Boulevard, West University Place, Texas 77005) unless otherwise indicated above. Any appeals of this decision are subject to and governed by applicable ordinances and taws, including. the Zoning Ordinance and Chapter 211,Texas Loral Government Code. Under chapter 211,petitions for judicial rev w must be presented within 10 ys niter the date this de.•.- is filed I the Board's off( CCS . 'k /kgatoll-person,Zoning B of ustnetnt S•ff Repteseatative.,City of West University Place cFlcd lathe 80r11rY Zt? _,leen vat=sin united(res■usclxd nuilteg ISO on 9� ZD .2000. uyJ tAj, ) J, 1C 23001lntvcratty Boulevard a West Univeratty Place,Texas 77005•718/668.444 ��� EXHIBIT C r`4 LnJLr+lYRrz. -Tit ••.^,11 .w {r SPkuLs 1 _ _ _p. — tj 1•7"e. : 11 1 .,k . III: :��..s55 L ri �.'1L 1.. .Mk O I 2 _ . ��, , y—- I L o e Py 0 Ii1S.1�Sw R i -.1 d, It YF 41 r_ — :s..7,;74....._11 . 1 y a: A ----+ 1 I r L 1 w 1 7: €_ A #_ ' _1A .:: r ?,lei + s 1 mjit t"•r_ ZI I 0 r . . t . 0..,.: /- i 1 4 40., Ir. _,,, b �.=',E s./ r7- ,.. -4w' 0 1 py. I . - „-..• • / • . !It... • Fa 4. ,dpi eii'44fTl°' € ! 5 fit II "._ 'lis r j I !PPE i f $ ( jj gP 1tifl II t 'TIYEi L11 $ 1i{ tsf ' T• 44 i'S I:1111.tPf 111t 1 _ e c R 'S X1111 .I 4413 x#11 1 * i pO . 1 $ S A C ' • P R E M I N. G E fCR • �`:1 ASCO iK3CT7i1<f3 . ANiD2 2DESIGN INF FTAER ATi03751:2 3 !1 2 dP..Ei.LE. t. i • ' — '' ; 12 WEST SEAtli SUJT13 i0i3TO TXAS 77Q93 4 EXHIBIT D • HARRIS COUNTY APPRAISAL DISTRICT Tax Year: 2020 REAL PROPERTY ACCOUNT INFORMATION 0410170030050 g Print Owner and Property Information Owner Name& T H LAND HOLDINGS LTD Legal Description: TRS 1SL&15R Mailing Address: 1400 ANDERSON ST ABST 61 A C REYNOLDS BELLAIRE TX 77401-6098 Property Address: 3636 RICE BLVD HOUSTON TX 77005 State Class Land Use Code Building Total Land Building Net Neighborhood Market Area Map Key Code Class Units Area Area Rentable Facet MapT"Y= Area , Fl --Real, 8002-- Land E 0 ;42,366 10,890 0 5905.03 5003 -- 5255A 532B Commercial Neighborhood Section SF Inner Loop 2 3 West Value Status Information Value Status Notice Date Hearing Status Shared CAD Noticed 4/3/2020 Protest Received No Exemptions and Jurisdictions Exemption Type Districts Jurisdictions Exemption Value ARB Status 2019 Rate 2020 Rate None 001 HOUSTON ISD Not Certified 1.136700 040 HARRIS COUNTY ' Not Certified 0.407130 041 HARRIS CO FLOOD CNTRL Not Certified 0.027920 042 PORT OF HOUSTON AUTHY Not Certified 0.010740 043 HARRIS CO HOSP DIST Not Certified 0.165910 044 HARRIS CO EDUC DEPT Not Certified 0.005000 048 HOU COMMUNITY COLLEGE Not Certified 0.100263 085 WEST UNIVERSITY PLACE Not Certified 0.309210 Texas law prohibits us from displaying residential photographs, sketches,floor plans, or information indicating the age of a property owner on our website.You can inspect this information or get a copy at HCAD's information center at 13013 NW Freeway. Valuations Value as of January 1, 2019 Value as of January 1, 2020 Market AppraisedMarket Appraised Land 3,459,578 Land 3,459,578 Improvement 340,422 Improvement 437,284 Total 3,800,000 3,800,000 Total 3,896,862 3,896,862 Land Market Value Land Site Unit. Size Site Appr Appr O/R Total Unit ' Adj Line Description Code Type Units Factor Factor O/R Reason Adj Price' Unit Value Factor Price 1 8002-- Land Neighborhood 4347 SF 37,131' 1.00 1.00 1.00 Corner or Alley 1.00 90.00 90.00 3,341,790.00 Section 2 2 8002-- Land Neighborhood 4347 SF 5,235 .1.00 1.00 0.25 Restr or Non- 0.25 90.00; 22.50 117,788.00 Section 2 Conf Building Building ' Year Built Remodeled Type Style Quality Impr Sq Ft , Building Details 1 1960 2010 Supermarket Market Average 10,890 Displayed Building Details 41). Building Data Building Areas Element DetailDescription Area Cooling Type Central/ Forced Functional Utility Avg/Noral BASE AREA PRI 9,585 m Heating Type Hot Air CNPY ROOF W/ SLAB-C 916 Partition Type Normal BASE AREA PRI 1,305 Physical Condition Avg/Normal Plumbing Type Adequate Sprinkler Type None Exterior Wall Brick/Concr Block Economic Normal Obsolescence Market Index 100% No Mkt Index Adjustment Adjustment Element Units Wall Height 12 Interior Finish Percent 100 Extra Features Line Description Quality Condition Units Year Bulit 1 Paving -Asphalt Average Average 13,000.00 1960 2 Paving - Heavy Concrete Average Average 6,900.00 1960 3 CANOPY ROOF AND SLAB Average Average 916.00 1960 . 4 CANOPY ROOF AND SLAB Average Average 176.00 I 1960 EXHIBIT E NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVBIBS LICENSE NUMBER. ,SPECIAL WARRANTY DEED WITH VENDOR'S IIdEN THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS ¢ 1 THAT, RICE/EDLOE PARTNERS, LP, a Texas limited partnership (hereinafter called "Grantor"),for and in consideration of$10,00,and other good and valuable consideration to Grantor in hand paid by T/H LAND HOLDINGS,LTD.,a Texas limited partnership(hereinafter called"Grantee"), the receipt and sufficiency of which are hereby aciwowledged, and the fiurther consideration of the execution and delivery by Grantee of its 53,000,000.00 Note(the'Note"),of even date herewith,payable to the order of Compass Bank("Lender"),bearing interest at the rates therrinispeciSed and providing for acceleration of maturity in the event of default and for attorneys'fees,has GRANTED, SOLD and CONVEYED,and by these presents does GRANT,SELL and CONVEY unto the said Grantee,all that certain lot,tract or parcel of land,together with all improvements Thereon,lying and being situated in the County of Harris and State of Texas described on Exhibit"A"attached hereto,ltogethcr with all rights and appurtenances thereunto belonging or appertaining(hereinafter collectively referred to as the"Property"), and ail rights,titles and interests of Grantor in and to any and all roads,easements,sheets and ways within,adjacent or contiguous thereto. This conveyance is subject to the valid and subsisting easements, restrictions, covenants, conditions and outstanding mineral and royalty interests affecting the Property and described on Exhibit "B"attached hereto. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee,its successors and assigns forever;and Grantor does hereby bind itself;its successors and assigns to WARRANT and FOREVER DEFEND,all and singular the Property unto the said Grantee, its successors and assigns, against every person HOUSTON 3e6aesoV 1 rr whomsoever lawfully claiming or to claim the same or any part Thereof by,tlirougb or under Grantor,but not otherwise. But it is expressly agreed that the vendor's lien,as well as the superior title in and to the Property is retained against the Property until the Note and all interest thereon is fully paid according to the face, tenor,effect and reading thereof when this Deed shall become absolute. Lender,at the instance and request of Grantee,has advanced and paid in cash to Grantor that portion of the purchase price of the Property as evidenced by the Note,and the vendor's lien,together with the superior title to the Property,is retained herein for the benefit of Lender,and the same are hereby transferred and assigned to Lender,without recourse on Grantor,and Lender,its heirs,executors,legal representatives,successors and assigns,shall have the right to release said vendor's lien upon the payment of the Note. Grantee's address is: 1400 Anderson Street Bellaire,Texas 7740I Attention: Gregg Thompson Current taxes on the property have been prorated and the payment thereof is assumed by Grantee. EXECUTED this 4J-day of March,2010. RICB/EDLOE PARTNERS,LP By: RicefBdloet.. ' ie,/gen•.: •.8r j i By; Aral: l � Name:. Y.c'g rMilrtr •— ! Title: HOUSTON I068980v.I 2 THE STATE OF TEXAS OF HARRIS COUNT? This instrument was acct wledgeil;before me on this the 347 day of March, 2010, by Nts 2F 1 ('� h-eemto IsCX1c�7n.{ :P of RicelEdloc Management,LLC,general partner of RICE/EOLOE PARTNERS;LP,a Texas limited partnership,on behalf of said limited partnership. Notary Public lx-tivik LAURA'[{ CHAMBERS Laura R. Chanti�ers I•a• Flarary'Po6Us,Sure of Tizrs �Y Coaritndm!nn Fridaa Printed Name or Notary Angest OS 2012 ' 1 My Commission Expires: p•``5-12_ • 6OtlSTON ros:9e0v.1 3 • • • Escrow File No-:10000820 E} BIT"A" LEGAL mE$CRIPTION RE E RTAIN_'ETi'CTAR P OF SISCO `YA HG UCT OF .�97Ze- R>:YK01P)s 010EX At3STfTO ,NfA• ALIO TmOT CONVeiv„PI RI o.E.P�71 T1 iN THE OyEI� PU&CII' off. 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RAOIUS.iIF: CP DA .AN A1iG.Latiompr 210.0 FEET r,4A: ItidH I1104.RO4 YJEI CI CAP' ciuN0 FORA:M.71F4F figvERBE CURVE: 1TIY o f1N W T7 AcuRWTIXTVE" FT'kINKOi A RA>VO:OF •710 0-4 ,Al ARy LEN,GI110 ''e9 FcET 70.A INT fz3 TEiE CE}AJER E aF A jfARRa cOUtV]YFL000totra.m.P. *4TOMINAGEEASEMEM" C1F SNO f WR1US e1 }ITY$ D i CDN[�itAL DS R CT nW�l13AGEL vEN'C j cANCOR-¢eiFa i,geT t4 .pb • CE11TERUNE oF A.:7,700314-004..N O OL'E7(W1CFrAGE A4SEM'T AN flF fFJE NORTH' RIGHT•OF•WAYOF Woes/MtEVAt fliE CE,WE$T,ALOt3C,TETE Tq.ZjtEJOR1N E;OFIE� BOUIETARA ARct'O15500 Fowl.orBEGRNNG paigrAir4 O'�2SAOR:flA 04 City of West University Place APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") Address of site: 3636 Rice Avenue Legal description of the site: 0.98 acres out of Lot 2 of the Morse Subdivision of the A.C. Reynolds Survey, Harris County, Texas Applicant: T/H Land Holdings Ltd. Address: 1301 N. First Street, Bellaire, Texas 77401 Contact:Gregg Thompson Phone: 713-839-7056 Fax: Email: gregg@thompsonhanson.com Decision or Action Requested(check one or more and provide requested data): ( )Appeal. Hear and decide an appeal from an order, requirement, decision or determination made by the Administrative Official. • Is the official's action in writing? ( ) Yes; ( )copy is attached. ( )No, but the action appealed is as follows: • When was the action taken? Note: Appeals must be filed within a reasonable time. Please explain any delay below: • Exact zoning ordinance section(s) involved: • Grounds for appeal: ()() Special Exception. • Exact zoning ordinance section that authorizes the special exception: Section 12.105 • Exact wording of special exception requested: The ZBA approves the extension of PNC Status indefinitely for the use of the area for the primary purpose of parking related to the business uses located on the adjacent property to the south (the former JMH Building). ( )Variance. • Exact zoning ordinance section from which a variance is requested: • Exact wording of variance requested: Other Data. Are there drawings or other data? ( )No ( )Yes(list items here and attach them) See attached Addendum Attached.The applicant has read the State and City regulations attached. Signature of applicant: Date: For Staff Use only Date filed: Date heard: Docket#: Form ZBA-102 ....)0 The City of West University Place ;1 :A•ciamorh(xxi C i NOTICE OF ZONING BOARD OF ADJUSTMENT HEARING Notice is hereby given of a regular meeting of the Zoning Board of Adjustments to be held via teleconference set to begin at 6:30 p.m. on Thursday,July 23, 2020. The hearing may be recessed and continued to a ZBA meeting set to begin at 6:30 p.m.on Thursday,August 27,2020. Due to the COVID 19 Disaster and CDC'S recommendation regarding social distancing measures, the public will not be allowed to by physically present at this meeting. Zoning Board of Adjustments will be meeting via teleconference and will be audible to members of the public and allow for two-way communications for those desiring to participate. The information to join the meeting will be posted at a later date online. Address of the site: 3636 Rice Blvd,Houston,TX 77005 Legal Description: .98 acres more or less, out of Lot No. 2 of the Morse Subdivision of the A.C. Reynolds Survey, Harris County, Texas Docket Number: 2020-0009 Applicant: T.H Land Holdings Ltd. Action Requested: Request Special Exception for extension of PNC Status indefinitely for the use of the area for the primary purpose of parking related to the business uses located on the adjacent property to the south(the former JMH Building). Additional Details: The zoning of the site is split between Commercial (Town Center Commercial) and Single Family (SF-3). Originally this site was the location of JMH Grocery developed in the 1940's and parking was authorized by Ordinance 517.West University Zoning was comprehensively redrafted in 1986 and parking use became PNC(prior non-conforming). Applicable regulations include the City's Zoning Ordinance,Code of Ordinances,Chapter 211 of the Texas Local Government Code and the rules of the ZBA. The application is available on the city's website at www.westutx.gov. Additional details on such matters, as well as the applicable regulations are also available for public inspection in the Public Works Center,3826 Amherst,West University Place,77005. Any person interested in such matters should attend the hearing. If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting,please contact the Chief Building Official at 713-662-5830 in advance of the meeting.Reasonable accommodations will be made to assist your participation in the meeting.The Municipal Building is wheel chair accessible from the West and Southwest entrances and specially marked parking spaces are available in the Southwest parking area. Signed: Clay Chew,for the ZBA posted and mailed on or before July 13,2020. cchew@westutx.gov 713-662-5830 1111) 3800 University Boulevard 1 West University Place, TX 77005 1 www.westutx.gov TH LAND HOLDING LTD 3702 GEORGETOWN LLC BLEVINS JASON & KASINA 1400 ANDERSON ST 4906 BELLVIEW ST 2606 WERLEIN ST (C/O 3636 RICE BLVD) (C/O 3702 GEORGETOWN ST) (C/O 3710 GEORGETOWN ST) BELLAIRE TX 7701-6098 BELLAIRE TX 77401-5308 HOUSTON TX 77005-3958 SEDGWICK EMILY&AGULAR DAVID MCGUFFEE JOHN C& ELIZABETH CURRENT OWNER 3716 GEORGETOWN ST 3718 GEORGETOWN ST 3722 GARNET ST HOUSTON TX 77005-2822 HOUSTON TX 77005-2822 (C/O 3722 GEORGETOWN ST HOUSTON TX 77005-3716 CALLAGHAN TIM & MARY ROSEN LEWIS S & FREDELL P DEBUSK PATRICK A& MARTHA S 3715 GEORGETOWN ST 1515 DRIFTWOOD LN 3727 GEORGETOWN ST HOUSTON TX 77005-2821 (C/O 3719 GEORGETOWN ST) (C/O 3723 GEORGETOWN ST) GALVESTON TX 77551 HOUSTON TX 77005-2821 DEBUSK PATRICK A& MARTHA S CURRENT OWNER CURRENT OWNER 3727 GEORGETOWN ST 3700 RICE BLVD 3708 RICE BLVD HOUSTON TX 77005-2821 HOUSTON TX 77005-2824 HOUSTON TX 77005-2824 MCCANDLESS S RJR SPARKMAN MICHAEL D MAY WILLIAM A 3712 RICE BLVD 3716 RICE BLVD 3701 RICE BLVD HOUSTON TX 77005-2824 HOUSTON TX 77005-2824 HOUSTON TX 77005-2823 TEAS DISHONGH DIANN GRAHAM P III ALLUMS JAYNE B 3707 RICE BLVD 3711 RICE BLVD 3715 RICE BLVD HOUSTON TX 77005-2823 HOUSTON TX 77005-2823 HOUSTON TX 77005-2823 DUDEK RICHARD E MANAL NABEEL& HUMA V WHITMER ARTHUR 3701 PLUMB ST 3705 PLUMB ST 3709 PLUMB ST HOUSTON TX 77005-2809 HOUSTON TX 77005 HOUSTON TX 77005-2809 HILCORP REALTY LLC BERRY JAMES E &JANIS HANKAMER RICHARD A PO BOX 1308 3609 PLUMB ST 3613 PLUMB ST (C/O 3713 PLUMB ST) HOUSTON TX 77005-2929 HOUSTON TX 77005-2929 HOUSTON TX 77251-1308 ZIVLEY BRUCE &JILL PADUA EMILY LYNN SHU TUNG &TAI PEI-CHING 3619 PLUMB ST 3606 GEORGETOWN ST 3610 GEORGETOWN ST HOUSTON TX 77005-2929 HOUSTON TX 77005-2913 HOUSTON TX 77005-2913 CURRENT OWNER CURRENT OWNER SIEBER ANN W &JOHN G 3620 GEORGETOWN ST 3620 GEORGETOWN ST 3621 GEORGETOWN ST (C/O 3614 GEORGETOWN ST) HOUSTON TX 77005-2913 HOUSTON TX 77005-2913 HOUSTON TX 77005-2913 SHARIFI NEDA&SABZEVARI AMIR BRACHT GERALD L FIELD THOMAS G IV& CAROLINE C 2619 GEORGETOWN ST 3615 GEORGETOWN ST 3605 GEORGETOWN ST HOUSTON TX 77005-2913 HOUSTON TX 77005-2913 (C/O 3611 GEORGETOWN ST) HOUSTON TX 77005-2913 FIELD THOMAS G IV& CAROLINE C CURRENT OWNER SALCEDO CONRADO C& MILA M 3605 GEORGETOWN ST 3624 RICE BLVD 3620 RICE BLVD HOUSTON TX 77005-2913 HOUSTON TX 77005-2940 HOUSTON TX 77005-2940 BERQUIST PHILIP J & POWELL LISA A STARR CHRISTOPHER B & PEASE KOEN BLAKE &TRACIE 3610 RICE BLVD KATHLEEN J 3617 RICE BLVD HOUSTON TX 77005-2940 3606 RICE BLVD HOUSTON TX 77005-2939 HOUSTON TX 77005-2940 OWEN PATRICIA CURRENT OWNER MC CARY STEPHEN P& DEANNA 3615 RICE BLVD 3609 RICE BLVD 3605 RICE BLVD HOUSTON TX 77005-2939 HOUSTON TX 77005-2939 HOUSTON TX 77005-2939 LUTHER SCOT J & HASSENHLU ALAN WEST U TOWN ASSOCIATES LP 4500 BISSONNET ST STE 300 %DIANA SEAL(C/O 3633 RICE) (C/O 6115 EDLOE ST) 15 20TH ST S STE 501 BELLAIRE TX 77401-3123 BIRMINGHAM AL 35233-2000 Clay Chew From: Berry, James E. <James.Berry@CHAMBERLAINLAW.COM> Sent: Thursday,July 23, 2020 11:27 AM To: Clay Chew Subject: Support for Tiny's No. 5 Special Exception Mr. Chew My wife and I live in the 3600 block of Plumb, and are 38 year residents of West U. We also enjoy the hospitality and food of Tiny's No. 5. We support their efforts to obtain a special exception to extend the PNC to allow their continued parking at the current lot off of Edloe. Thank you Jim Berry James E. Berry Chamberlain, Hrdlicka, White, Williams &Aughtry 1200 Smith St., Suite 1400 Houston, Texas 77002-4496 713-654-9692 (direct) 713-658-2553 (fax) j.berry@chamberlainlaw.com The contents of this e-mail and its attachments are intended solely for the addressee(s) hereof. In addition, this e-mail transmission may be confidential and it may be subject to privilege protecting communications between attorneys or solicitors and their clients. If you are not the named addressee, or if this message has been addressed to you in error, you are directed not to read, disclose, reproduce, distribute, disseminate or otherwise use this transmission. Delivery of this message to any person other than the intended recipient(s) is not intended in any way to waive privilege or confidentiality. If you have received this transmission in error, please alert the sender by reply e-mail; we also request that you immediately delete this message and its attachments, if any. 1 Clay Chew From: Tim Callaghan <tim.callaghan@gmail.com> Sent: Thursday,July 23, 2020 9:42 AM To: Clay Chew; Mary Callaghan Subject: Tiny's No. S Special Exception Mr. Chew, My family and I have lived at 3715 Georgetown since 2005 which is pre Tinys. We live directly across the street on the corner of Georgetown and Edloe. They are absolutely a great neighbor! We are in full support of their effort to obtain a special exception to allow their continued parking at the current lot off of Edloe. Please let us know if there's anything else you could use from me to allow this exception. thank you, Tim Callaghan 713-504-6271 1 Clay Chew From: Alan Hassenflu <ahassenflu@frpltd.com> Sent: Thursday, July 23, 2020 1:46 PM To: Reid Wilson Cc: Gregg Thompson; Clay Chew Subject: Re: Support for JMH Building Special Exception Yes, I support.Alan Sent from my iPhone On Jul 23, 2020, at 10:12, Reid Wilson <rwilson@wcglaw.com>wrote: Alan: Thanks for the call and the support for the extension of the JMH Building Special Exception to allow continuation of the long term parking use for an indefinite period. As the owner of the BBVA Bank Building, Nationwide Building and Roger Martin Properties Building across Rice, Gregg and I appreciate your support. As we discussed,there is never enough parking for this active retail area. Please confirm your support by a reply all. REID WILSON I Chairman Fellow,American College of Real Estate Lawyers Wilson Cribbs t Goren I 2500 Fannin St 1 Houston, TX 77002 713.547.8504 (D) 1 713.222.9000 (0) 1 713.229.8824 (F) rwilson@wcglaw.com I www.wcglaw.com I vCard Confidentiality Notice I Wilson.Cribbs&Goren,P.C.I The information in this email may be confidential and/or privileged.This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments,if any,or the information contained herein is prohibited.If you have received this email in error,please immediately notify the sender by return email and delete this email from your system. 1 Clay Chew From: Thomas Field <tom.g.field@gmail.com> Sent: Thursday, July 23, 2020 1:09 PM To: Clay Chew Subject: 7/23/20 Zoning Board of Adjustment Meeting - Agenda Item #4 Dear Mr. Chew, I am writing a note in support of the applicant's request for a special exception for the extension of the PNC status as it relates to Tiny's/JMH parking(Docket 20-0003). I currently reside at 3605 Georgetown Street in West University Place and thus am in the notice zone. My family and I have lived in West University for 9 years, frequent Tiny's and believe it has become an important part of West U's "business district". We fully support extending the PNC status in order to allow patrons of Tiny's a place to continue to park. Thank you for your service on the Zoning Board. Best regards, Tom Field