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Home My WebLink About01182001 ZBA Minutes• City of ~est Uni~ersity P1ace A Neighborhood City ~ Recycled Paper ZONING BOARD OF ADJUSTMENT BILL WATSON CONFERENCE ROOM, MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD MEETING MINUTES January 18, 2001 7:30 p. m. I. MEMBERS PRESENT: Steven Segal (voting), Frank Billings (voting), Mark Plagens (voting), Michael Neal (voting), Steve Mazoff(voting), Elizabeth Wilder, and Bill Richardson II. MEMBERS ABSENT: Carolyn Panebianco and Rich Langenstein III. STAFF PRESENT: Dennis Mack, Building Official, Neslihan Tesno, Development Coordinator, Jim Dougherty, Jr., City Attorney and Sallye Clark, Planning and Development Assistant IV. CALL TO ORDER: 7:31 p.m. ~ • Agenda Item Discussion Action Called the meeting to order Frank Billings moved to accept that all notices 1 and Protocol. Chairman Steven Segal called' the meeting to order at had been properly posted and distributed for 7:31 p.m. Steven Segal asked all members to introduce this meeting. Michael r`eal 2nd. Steven themselves. Sallye Clark stated all notices were posted Segal, Frank Billings, Steve Mazoff, Mark as required by city and state law. Plagens, and Michael Neal voted aye. Motion passed. None. 2 Citizens who wish to be None. heard. There were no citizens who wish to address agenda Steven Segal, Chairman administered the 3 C~t~'zens wl~ wish to a ress a en a items items. oath to all witnesses. g . Swearing in of witnesses. 4 Public Re-Hearing of the Reid Wilson, Attorney and resident at 3824 Case gave a Frank Billings moved to close the Public Docket 00-26,4004 presentation for a request that a Special Exception be evidentiary portion of the hearing. Bellaire Boulevard. issued to reinstate Prior Non-Conforming status of the Motion was 2"dby Mark Plagens. Steven Request for a Special Pervious Area requirement in commercial district due to Steve Mazoff Mark Frank Billings Segal Exception at 4004 Bellaire the Sunset Provision at 4004 Bellaire Bou(evard. , , , Plagens, and Michael Neal voted. Motion Boulevard, to reinstate Alan Hassenflu, resident at 2827 Nottingham and a passed. Evidentiary portion of hearing Prior Non-Conforming Partner of Trammell Crow Company spoke in reference closed status of the Pervious Area to the requirements for parking spaces being met. Frank Billings moved to grant the Special requirement in commercial John Martin, Senior Project Manager for Trammell Crow Exception to allow an extension of the district due to the Sunset Company at The Bellaire Shopping Center gave a pNC status for 35 years beginning on the Provision. presentation on the currerit draina~e and storm sewer. date the Special Exception is signed. (See attached decision with all conditions.) Motion was 2"d by Michael Neal. Steven Denise Beck, resident at 4112 Ruskin Street, and a letter Segal, Frank Billings, Steve Mazoff, Mark . from Ann De Rouffignac resident at 4040 Ruskin Street, plagens, and Michael Neal voted aye, spoke in favor of granting the Special Exception. No one ~ motion passed. Special Exception granted. 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org Zoning Board of Adjustment Mi.nutes January 18, 2001 . ~ • spoke in favor of granting the Special Exception. No one motion passed. Special Exception granted. spoke in opposition of granting the Special Erception. Sallye Clark presented the staff report, recommending approval of the special exception as it met the criteria outlined in Section 12-] O5. 5 Public Hearing of .Docket Reid Wilson, Attorney and resident at 3824 Case gave a Frank Billings moved to close the Ol-O1. Matters relating to presentation for a request for the Special Exception and evidentiary portion of the hearing. a request for a Special Variance. Motion was 2"d by Mark Plagens. Steven Exception of Section 5 of Stephen Jovicich, licensed architect with Heights Segal, Frank Billings, Steve Mazoff, Mark the Conditions for Special Venture gave a presentation about the proposed 14' wall. p~agens, and Michael Neal voted. Motion Exception Docket No. 93- Drew Glascock, Tea~n Leader for the Whole Foods passed. Evidentiary portion of hearing 04 to amend by adding the Market, West University location, gave a brief closed followin g~ presentation on the charity work that Whole Foods is Frank Billings moved to grant the (e) A 14' high screening currently participating in and that they have contributed amendment to the existing Special wall approximately 25' in over $3, 000.00 to the various charities. Exception, 93-04 to authorize a 14' high length may be installed as Ann De Rouffignac resident at 4040 Ruskin Street, screening wall at least 23' feet long as a a visual buffer of the spoke in favor of granting the Special Exception and visual bu .ffer of the loading dock and loadin dock and waste ~ Variance. David Cole, resident at 4104 Cason spoke in waste storage area of the Bellaire storage area of the Bellaire opposition of granting the Special Exception and Shopping Center. (See attached decision Shopping Center. 1'he variance. with all conditions) Steve Mazoff wall shall be located as seconded the motion. Steven Segal, Frank shown on the attached site ~ Billings, Steve Mazoff, Mark Plagens, and plan and rendering. Michael Neal voted aye, motion passed. Matters relating to a Special Exception granted request for a Variance to ' Frank Billings moved to grant the construct a 14 screening Variance from the requirement for a wall within the rear yard of special screen around a loading dock as the Bellaire Shopping required by the Zoning Ordinance, Section Center as shown on the 8-105. (See attached decision with all site plan attached despite conditions). Steve Mazoff seconded the the requirement of a 5' ' motion. Steven Segal, Frank Billings, building setback. A 14 Steve Mazoff, Mark Plagens, and Michael screening wall located as Neal voted aye, motion passed. Variance shown on the site plan granted. attached shall substitute or replace the special screen by Zoning Ordinance Section 8-1 O5. Approval of Minutes for Steven Segal stated that the minutes would 6 December 21, 2001. be postponed until the next meeting at the request of the Planning and Development Assistant Mark Plagens made a motion to adjourn 7 Adjournment. the meeting at 10:30 p.m. Motion was 2"a by Steve Mazoff. Steven Segal, Frank Billings, Steve Mazoff, Mark Plagens, and Michael Neal voted aye, motion passed. The meeting adjourned at 1030 p.m. Zoning Board of Adjushnent Minutes January 18, 2001 • PASSED TH1S ~ DAY OF , ATTEST: i a lye A. Clar lanning and Development Assistant ~ LJ 2001. Steven Segal, Chairman • Form ZBA-203pnc, (1-Ol) Zoning Boaxd of Adjustment City of West University Place, Texas ("City") • DECISION TO GRANT A SPECIAL EXC:EPTION (PNC STATUS UNDER SECTION 12-105) Address ofsite: 4004 Bellaire Docket#: 00-26 Legal description of the site: All that certain 3.8353 acres of land being all of Lots 18, 19, & 20 and adjoining alley out of Cambridge Place, according to the plat thereof filed in Volume 4, Page 55, Harris County Map Records, and Lots 1, 2& 3, Block 22, and adjoining alley, and Lots 7, 8, 9, & 1.0, Block 25 out of College View, Section One, according to the plat thereof filed in Volume 6, Page 44, Harris County Map Records, tract being more particularly described by metes and bounds. Bzrrlding Permrt No: N/A Permittee/App[rcant: Bellaire Shopping Center Associates, L.P. c/o Trammell Crow Company Decision or Action Requested• Request for a Special Exception to reinstate PNC status of the Pervious Area Requirement in Commercial District due to Sunset Provision Notice, Hearing, Findings, Vote: (JL) Required notice ~iven by: Mail and on-site posting in accordance with Article l 1 by Sallye A. Clark, Planning & Development Assistant City of West University Place. (~ Required determinations have been made by the ZBA with respect to the special exception as granted below (proposed special exception will not cause any signiflcant increase in on-street parking; proposed special exception will not cause any substantial traffic congestion; proposed special exception will not cause any substantial increase in traffic; proposed special exception will not cause an unreasonable burden upon utility systems or upon any other public facility or public service.) (X) Additional findin~s (if any): (i) a substantial investment was reasonably made in the PNC item (identified below), or in • reliance upon it, (ii) extension of PNC status is necessary to allow a reasonable period in which to amortize the investment, or to avoid an unreasonable waste of any remaining value of the PNC item with PNC status. (~ Hearing held on: January 18, 2001 (X) The vote: Frank Billings, Steve Mazoff, Michael Neal, Mark Plagens, and Steven Segal for; no one opposed. Decision ofthe Zoning Board ojAdjustment (sz~bject to al! applrcable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a special exception as specifically allowed by Section 12-105 of the Zoning Ordinance, is issued for the site identified above subject to the following: (1) This special exception only applies with respect to compliance with the pervious area requirements of Table 7-3 (1.5% for entire site, 2 sq. ft. per parking space in "island" or °6peninsula" confguration for front parking area). The existing site and front parking lot do not comply with these requirements. This non-compliance is the PNC "item" under Article 12. (Note: Compliance with the pervious area requirements was required at least since October 24, 1997, when the "sunset" period prescribed by Section :12-103 expired). (2) This special exception grants an extension of PNC status for a fixed term of 35 years beginning on the date this special exception is signed. (3) This special exception allows the rebuilding of the front parking area, but only with regard to the overlay of pavement and installation of pervious areas in right-of-way's. (4) As a condition to this special exception, current parking lot storm sewer system must be maintained with its current capacity; pervious areas and vegetation shown in the attached sketch must be provided and maintained. (5) As a condition to this special exception, the owner of the site must submit a drainage study if Statf or the Board finds it necessary in the area of the site and requests the study in writing. (6) The applicant must record this decision with the Deed of Records of Harris County, Texas. The decision will go into effect once the decision is recorded and a certitied copy is returned to the Board's Office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, H.ouston, Texas 77005), City of West University Place. • .Page 2 THIS S.PECIAL EXCEPTION APPLIES ONLY TO THE SPECIFIC PNC `ITEM' DEF.INED ABOVE. IT DOES NOT APPLY TO ANY OTHER ASP.ECT, USE OR PART OF THE S.ITE OR STRUCTURE IN QUESTION, NO.R.DOES IT APPLY TO ANY OTHER ACTIVITY, SITE OR STRUCTURE. TO OBTAIN PNC STATUS FOR ANY OTHER ITEM REQUIRES SEPARATE APPLI:CATION, NOTICE, HEARING, PROO.F AND BOARD FINDINGS. NOTHING lN THIS SPEC[AL EXCEPTIONS IMPLIES THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD. This special exception remains subject to the regulatory jurisdiction of the city. It may be amended or revoked. This special exception grants no property right or vested right of any kind. Effective Date & Appeals: This decision takes effect on the date it is filed in the Board's of.fice (c/o Secretary of the Zoning Board of Adjustment, 3800 University Boulevard, Houston, Texas 77005), unless otherwise indicated above. Any appeals of this decision are subject to and governed by applicable ordinances and laws, including: the Zoning Ordinance and Chapter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicial review must be presented within 10 days after the date this decision is filed in the Board's office. 6y: Chairman, Zoning Board of Adjustment ~iled in the Board's o~ce on By: Attest: Staff Representative, City of West University Place , and copies mailed ~ ~ U o~~~ C° m ~ y °o-zi~~ ~z z o~~ ~~~ z~~ ~C ~t b~ ry ~~ c~ x ~n ~ ~r ~~ ~ ~~ ~ .. ,~ ~~ ~ wa ~ 0 e ~ ~ ~ ~ ~ ~ ~ ~ V ~ ~ ~ z 0 H ~ O ~ ~ rh ~ Q r -- ~ O ~ K ''d ~ ~ ro O~ n0 Hy zr Ob o~ w ~ O ~ n 0 z ~ ~ C n 0 z ~"'. ~ =~r~ ' ~~L,e, y A M~~ ~~~ • • • r ,~ ~..i~-. L ~ ~ ~r .~1 -~ ~ ~ ~ ~ 1^ l l ^ ~ ~ ~ ~ ~ / ~ • • Form ZBA-203, (6-99) Zoning Board of Adjustment City of West University Place, Texas ("City") • DECISION TO GRANT A SPEC:IAL EXCEPTION Address ofsite: 4004 Bellaire Docket #: Ol-O1 Legal descrrption of the site: All that certain 3.8353 acres of land being all of Lots 18, 19, & 20 and adjoining alley out of Cambridge Place, according to the plat thereof tiled in Volume 4, Page 55, Harris County Map Records, and Lots 1, 2& 3, Block 22, and adjoining alley, and Lots 7, 8, 9, & 10, Block 25 out of College View, Section One, according to the plat thereof filed in Volume 6, Page 44, Harris County Map Records, tract being more particularly described by metes and bounds. Building Permit No: N/A Permittee/Applicant: Whole Foods Market (with consent of Bellaire Shopping Center Associates, L.P.) Decision or Action Reqzrested.• Request for an amendment ("Amendment") to the existing Special Exception granted by ZBA Docket No. 93-04, signed on April l3, 2000 ("1993 Special Exception"). The requested amendment authorizes a 14' high screening wall approximately 25' in length as a visual buffer of the loading dock and waste storage area of the Bellaire Shopping Center. Both the 1993 Special Exception and this Amendment are specifically allowed by Note 5 of Table 7-1 of the Zoning Ordinance of the City of West University Place, Texas. Notice, Hearing, Findings, Yote: (X) Required notice given by: Mail and on-site posting in accordance with Article l l by Sallye A. Clark, Planning & Development Assistant City of West University Place. ~ Required determinations have been made by the ZBA with respect to the special exception as granted below: (proposed special exception will not cause any significant increase in on-street parking; proposed special exception will not cause any substantial traffic congestion; proposed special exception will not cause any substantial increase in traffic; proposed special exception will not cause an unreasonable burden upon utility systems or upon any other public facility or public service.) ( ) Additional fndings (if any): (X) Hearing held on: January 18, 2001 (X) The vote: Frank Billings, Steve Mazoff, Michael Neal, Mark Plagens, and Steven Segal for; no one opposed. Decisron of the Zoning Board of Adjustment (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable Iaw, the 1993 Special Exception identified above is amended as follows: (1) An additional screening wall must be built in the location shown in the sketch attached to this Amendment. (2) It must be designed and maintained to deflect noise away from residences on Ruskin Street. (3) It must be at least 14 feet high and at least 23 feet long depending on study and considering visibility triangle requirements. (4) Plans and specifications for the wall must be prepared and sealed by a registered professional engineer and submitted to the building official for plan checking and approval. (5) Completion of the wall in accordance with the approved plans and specifications must be certi~ed to the building official by a registered professional engineer, substantially the same as required for a principal building. (6) Wall must match in appearance--and be designed to blend with--either the existing wall along .Ruskin or the Whole Foods building, and it must have at least a 2' foot setback from the sidewalk. (7) The applicant must record this decision in the Real Property Records of Harris County, Texas. The decision will go into effect once the decision is recorded and a certified copy is returned to the Board's Office (c/o Secretary of the Zoning .Board of Adjustment, 3826 Amherst, Houston, Texas 77005), City of West University Place. Only the following structure(s) is covered by this special exception: The structure shown in the plan or sketch attached and made a part hereof. \ J •Page 2 This special exception is for an indefinite period unless a temporary period is indicated above. This special exception remains subject to the regulatory jurisdiction of the City, and it does not grant any property right or vested right of any kind. Effective Date & Appeals: This decision takes as indicated above. Any appeals of this decision are subject to and governed by applicable ordinances and laws, including: the Zoning Ordinance and Chapter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicial review must be presented within 10 days after the date this decision is filed in the Board's office. By: Chairman, Zoning Board of Adjustment Attest: Staff Representative, City of West University Place Filed in the l3oard's o~ce on By: • and copies mailed on ~ ~~ ~~ ~ 51~ _ (~ ~~ .o . ~ ~°~ P_ T ~ . ~ r ' T ~ ~a - ~ .~ ~~^/~ ~~ ~. ~. t-~ ~~ ~ ~ pW~ H C9 W A : ~. . ~ ;~ . ~ '~ ?, '~ ~ O f• ' N ~ . ~i , ' ~ ' . ~1 r ~ / '~ ~ ~~ ~~, . . ~ ~ " ~3~~L, '_."_.`......_ ~ 6Z.o0 • _.. " `~ , CD n _.. ~ ~ ~" ~~ ~ N ~. ..~ ~ ` - : ~.,~,~.,,~ ,,., ~ ` ~'•• ., •~~~` ~`~ / r ~ r / ~ .,,*F *~,. ~• `r ~+ N ~,, . r / / ev~ ~.~, "'^~... ~ ' ,~ .~„ -,z ~~" S ~ K„ in ~~ .r ~'~ :' r' 1' `°. ` •' •~ ~`*.. Iw,.`. w . ./ ~ ~'~' ~~ ~~~". ~ / ~~,/ ., ~.'.. M1 .~ . ~~ y ~/ ./ .' ./ • y ~L. • 1 •~ ~ , , J ~ .~ .~ . ~ ~ •,ti, '`.. y ~` ` ~-, .~ ,,.,• ^' „~ r ,r° I ti ~~~~. ~=~, .~ ,` /. ~.:!`\ J . ~ S; •+ '~r~r~~~+~ ~.~1'~~ / r~~„r~~~..-._~_.~ ,, ..------ J~~ r frr /a~ ~ ~ _-~yr''~ ~,~•+~ ~ I I ~~r- I ,~ ~, '• i~~~i~~ -~ . ~I ~ 1 • ~ i 1 Form ZBA-201(1-01) Zoning Board of Adjustment City of West University Place, Texas ("City") • DECISION TO GRANT A VARIANCE Address ofsite: 4004 Bellaire Docket #: 01-01 Legal description of the site: Ali that certain 3.8353 acres of land being all of Lots :18, 19, & 20 and adjoining alley out of Cambridge Place, according to the plat thereof filed in Volume 4, Page 55, Harris County Map Records, and Lots 1, 2& 3, Block 22, and adjoining alley, and Lots 7, 8, 9, & 10, Block 25 out of College View, Section One, according to the plat thereof filed in Volume 6, Page 44, Harris County Map Records, tract being more particularly described by metes and bounds. Burlding Permit No: N/A Permiltee/Applicant: Whole Foods Market (with consent of Bellaire Shopping Center Associates, L.P.) Decision orAction Requested: Request for a variance from the requirement for a special screen around a loading dock, as required by the Zoning Ordinance, Section 8-105. Notice, Kearing, Frndrngs, vote: (X) Required notice ~iven by: Mail and on-site posting in accordance with Article 11 by Sallye A. Clark, Planning &.Development Assistant City of West University Place (X) Hearing held on: January 18, 2001 (X) Required statutory findings made (variance is not contrary to public interest; due to special conditions a literal enforcement of the ordinance would result in unnecessary hardship; spirit of the ordinance is observed; substantial justice is done.) ( ) Additional fndings (if any): (X) The vote: Frank Billings, Steve Mazoff, Michael Neal, Mark Plagens, and Steven Segal for; no one opposed. •Decrsion of the Zoning Board ofAdjz~stmenl(subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance from Section 8-105 of the Zoning Ordinance is granted for the site identified above, subject to the following conditions: (1) This variance only allows deletion of a gate across the opening ot the loading dock as long as the special exception for the wall is in effect; all other required segments of special screening must be provided and maintained. (2) A screening wall at least l4 feet high and at least 23 feet long must be constructed and maintained in the location shown in the attached sketch. The wall must also comply with the applicable provisions of this .Board's orders, including the special exception for the rear parking area (see amendment to special exception granted on or about this date). (3) The applicant must record this decision in the Real :Property Records of Harris County, Texas. The decision will go into effect once the decision is recorded and a certitied copy is returned to the Board's Office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, Houston, Texas 77005), City of West University Place. This variance is for an indefinite period as indicated above. This variance remains subject to the regulatory jurisdiction of the City, and it does not grant any property right or vested right of any kind. Effective Date & Appeals: The decision takes effect as indicated above. Any appeals of this decision are subject to and governed by applicable ordinances and laws, including: the Zoning Ordinance and Chapter 211, Tex. Local Government Code. 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