07-12-2001 Regular Meeing and Public Hearing

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Board of Adjustment January 24, 2002 #SE 02-001 Page 3 based upon 18 four-plex one-story residential buildings.' This binds him to the terms and limitations that he agreed to in his application with their agency. Finally, the owner stated that imposing multi -family parking requirements will -cause congestion and eliminate green, space .and recreational amenities. Staff recognizes that Churchill Place is a development. for the senior population; however, concerns arise over the use. As mandated by the Texas Department of Housing and Community Affairs, an "Extended Use Period" is required on all new construction projects that receive tax credits. This means the property can not be sold or the use changed for 40 years. Nonetheless, staff is concerned about action after the 40-year period ends. Without additional covenants/restrictions imposed on the property, it could revert to a "regular" multi -family use. If this happens, the building will not have adequate parking, and it could become a non -conforming structure. Staff researched several senior facilities to determine parking needs. Happy Harbor Senior apartments complex was built in the early 1980's. It consists of 48 one -bedroom units and three (3) two -bedroom units situated on more than one acre. This complex has approximately 47 spaces. According to the manager, 90% of the residents owns cars; parking can be a problem, especially on the weekend. In. Kemah, Lake Haven senior apartment complex has 144 units and 144 parking spaces situated on 16 acres. About 50% of the residents have cars; parking is not an issue. Conclusion: Based on the facts outlined in this .report, staff believes the request for a reduction in the off-street parking requirements should be granted with conditions included as part of the approval of #SE02-001. These conditions are necessary to ensure that granting a special exception under Section 106- 191 B (3) would not be contrary to the best public interest. ❖ Use the following method to calculate parking 72 units x 1.25. This yields 90 spaces plus 14 ADA spaces for a total of 1-04 spaces. ❖ Covenants/restrictions are assigned to the property only allowing the land and structure to be used as senior housing. ❖ Identification of the Special Exception information (permit number, date of passage and any conditions) is noted on the minor development site plan. This must be submitted to the city prior to approval and issuance of a building permit. Appeals: Asper Section 10 -196 of the Code of Ordinances of the City of La Porte: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or