HomeMy WebLinkAbout09-26-13 Zoning Board of Adjustment Meeting
City of La Porte Zoning Board of AdjustmentMeetingAgenda
RegularMeeting
Notice is hereby given of a of the La Porte Zoning Board of Adjustmentto be held on
September26, 20136:00
, at P.M. at City Hall Council Chambers, 604 West Fairmont Parkway, La
Porte, Texas, regarding the items of business according to the agenda listed below:
1.Call to order
2.Consider approval of August22, 2013, meeting minutes.
3.A public hearing will be held to consider Variance Request #13-93000005for the property
locatedalong Canada Road,further described as TRS 692C, 693B, 706 and 707, La Porte
Outlots, as recorded in Volume 83, Page 344, of the Deed Records of Harris County, William M.
Jones Survey, Abstract 482, La Porte, Harris County, Texas. The applicant, Mariposa Pecan
Park, LP., seeks a variance to reduce the off-street parking requirement for proposed “Mariposa
at Pecan Park”along Canada Road. The variance is being sought under the terms of Section
106-192(b) (2) (b) of the City’s Code of Ordinances.
A.Staff Presentation
B.Proponents
C.Opponents
D.Proponents Rebuttal
4.Administrative Reports
5.BoardCommentson matters appearing on agendaor inquiry of staff regardingspecific factual
information or existing policy
6.Adjourn
A quorum of City Council members may be present and participate in discussions during this meeting;however,
no action will be taken by Council.
In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable
accommodations for persons attending public meetings. To better serve attendees,requests should
be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at
281.470.5019.
CERTIFICATION
I certify that a copy of the September26, 2013, agenda of itemsto be considered by the Zoning Board
of Adjustmentwas posted on the City Hall bulletin board on the____day of__________
2013.
Title: ______________________________
____________________________________________________
Out of consideration for all attendees of the meeting, please turn off all cell phones and pagers, or place on
inaudible signal. Thank you for your consideration.
MINUTES
Zoning Board of Adjustment
Minutes of August 22, 2013
Board Members Present: Rod Rothermel, Chester Pool, Charles Schoppe, and T.J. Walker
Board Members Absent: Lawrence McNeal (Alt 1) and Sherman Moore (Alt 2)
George Maltsberger (resigned)
City Staff Present: City Planner Masood Malik, Public Improvement Coordinator Reagan
McPhail, Assistant City Attorney Clark Askins, and Office Coordinator
Peggy Lee
1.Call to Order.
Vice-Chairman Rod Rothermel called the meeting to order at 6:00 p.m.
2. Consider approval of the June 27, 2013, meeting minutes.
With no objection presented, the June 27, 2013, minutes were approved as presented.
3.A public hearing will be held to consider Variance Request #13-93000004 for the property
located at 1212 Robinson Road, further described as Lots 6, TRS 5A & 7A, Block 2, Coronet
Park, Section 1, Enoch Brinson Survey, Abstract No. 5, La Porte, Harris County, Texas. The
applicant seeks a variance to allow a fence to be constructed in the front yard area contrary to
the provisions of Section 106-791 of the Code of Ordinances. The variance is being sought
under the terms of Section 106-192 (b) (2) (b) of the Code of Ordinances.
A.Staff Presentation
City Planner Masood Malik presented the staff report for Variance Request #13-93000004.
Property owners Manuel and Glenda Castillo are constructing a new home and are seeking
approval of a variance allowing a new fence to be erected on the property line within the
front yard setback area at 1212 Robinson Road. Mr. Malik noted that property line fences
are common in this area of town.
Public hearing notices were mailed to ten property owners located within 200’ of the
subject tract. The City did not receive any responses to the mailout.
B.Proponents
Manuel Castillo was sworn in by Vice-Chairman Rothermel. Mr. Castillo, 3874 Pecan Circle,
addressed the Board. Mr. Castillo spoke of safety concerns he has for his granddaughter
since one of his neighbors has a swimming pool.
C.Opponents
There were no opponents.
Zoning Board of Adjustment
Minutes of August 22, 2013
Page 2 of 4
D.Proponents Rebuttal
There were no rebuttals.
Motion by T.J. Walker to approve Variance Request #13-93000004 allowing a fence to be
constructed on the property line within the front yard setback area at 1212 Robinson Road.
Second by Charles Schoppe. Motion carried.
Ayes: Rod Rothermel, Chester Pool, Charles Schoppe, and T.J. Walker
Nays: None
Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances:
Appeals from the Board of Adjustment.
4.A public hearing will be held to consider Special Exception #13-94000001 for the property
nd
located at 124 South 2 Street, further described as Lots 17-21, Block 39, Town of La Porte,
Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. The applicant seeks a
special exception to allow a driveway to be located 22 feet from the intersection of West “A”
nd
Street and South 2 Street in lieu of the 40-foot minimum distance requirement from
intersections. The special exception is being sought under the terms of Section 106-191 (b) (3)
of the City’s Code of Ordinances.
A.Staff Presentation
City Planner Masood Malik presented the staff report for Special Exception Request #13-
94000001. The City of La Porte is constructing a parking lot near the recently completed
Fire Station No. 1. The City is seeking approval of a special exception to allow a reduced
driveway distance from an intersection in order to align the driveways with the bays of Fire
Station No. 1 and maximize the number of parking spaces for the proposed parking lot. The
parking lot will serve personnel and patrons of the Fire Department, as well as visitors
during Main Street events.
Public hearing notices were mailed to 24 property owners located within 200’ of the subject
tract. The City received one response in favor of the special exception.
B.Proponents
There were no proponents.
C.Opponents
nd
Vice-Chairman Rothermel swore in William T. Manning, Jr., 108 S. 2 Street. Mr. Manning
was unsure if he was in favor or opposed to the request, but he did have concerns with the
t-alley and drainage. The alley has not been accessible since the new fire station was
constructed.
Zoning Board of Adjustment
Minutes of August 22, 2013
Page 3 of 4
Vice-Chairman Rothermel advised Mr. Manning that the issues he had brought up were not
part of the request being considered.
Vice-Chairman Rothermel swore in Tom Gardner, 11918 N. Ave. “P” Street. Mr. Gardner
had been notified there would be a variance request for N. “P” Street. Mr. Malik reported
that particular item had been withdrawn by the applicant.
D.Proponents Rebuttal
There were no rebuttals.
Mr. Malik responded to questions from the Board confirming there are improvements planned
for the intersection and there is not a visibility issue with the site triangle.
Mr. Pool wanted to ensure the alley remains accessible and any drainage problems are avoided.
Motion by Chester Pool to approve Special Exception Request #13-94000001 allowing a
nd
driveway to be located 22 feet from the intersection of West “A” Street and South 2 Street in
lieu of the 40-foot minimum distance requirement from intersections.
Second by T.J. Walker. Motion carried.
Ayes: Rod Rothermel, Chester Pool, Charles Schoppe, and T.J. Walker
Nays: None
Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances:
Appeals from the Board of Adjustment.
5.Administrative Reports
Mr. Malik reported on the following proposed developments:
75-lot residential subdivision west of Sens Road and north of Spencer Highway
Two convenience store/gas stations; one along Underwood Road at “L” Street and
another along Fairmont Parkway at Canada Road.
Retail development along SH 146 south of Main Street.
Senior multi-family development along Canada Road known as Mariposa at Pecan Park.
6. Board comments on matters appearing on agenda or inquiry of staff regarding specific factual
information or existing policy.
There were no comments from the Board.
7. Adjourn
Motion by T.J. Walker to adjourn. Second by Chester Pool. The meeting adjourned at 6:22 p.m.
Zoning Board of Adjustment
Minutes of August 22, 2013
Page 4 of 4
Respectfully submitted,
Peggy Lee
Secretary, Zoning Board of Adjustment
Passed and Approved on , 2013.
Rod Rothermel
Vice-Chairman, Zoning Board of Adjustment
VARIANCEREQUEST
# 13-93000005
Mariposa at Pecan Park
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A –AREA MAP
EXHIBIT B–SITEPLAN
EXHIBIT C-SECTION 106-839, CODE OF ORDINANCES
EXHIBIT D–PUBLICNOTICE RESPONSE
(not received todate)
Staff ReportSeptember 26, 2013
Variance Request #13-93000005
Requested by
:Mariposa Pecan Park, LP. and Stuart Shaw, on behalf of Bobby Grisham,
Owner/Trustee
Requested for
:Reduction in the amount of required parking
Legal Description:
12.9717acres of land being a portion of 17.7717 acre tract of land located
along Canada Road, further described as TRS 692C, 693B, 706 and 707, La
Porte Outlots,as recorded in Volume 83, Page 344, of the Deed Records of
Harris County, William M. Jones Survey, Abstract No. 482, La Porte, Harris
County, Texas.
Location
:3535 Canada Road
Zoning:
High Density Residential (R-3)
Background
:Mariposa at Pecan Parkis a proposed apartment complex designed
exclusively for active adults55years and older.The project is proposed for
12.9717acres of land located approximately 1000’ north of the intersection
of Canada Road and Fairmont Parkway.
To accommodate this project, the applicant requested arezonefrom General
Commercial (GC) to High Density Residential (R-3).City Council, at their
August 12, 2013, meeting,approved the rezone request.
The applicant is now proceeding with plansto develop a 180-unit apartment
complex.On September 06, 2013, staff received a major development site
plan for theproposed project. During review, staff used the following
sections of the City’s zoning ordinance:
Section 106-333–As of now, the subject property is zoned High Density
Residential (R-3) and multi-family development (apartment) is a permitted
use. Using City ordinances, the project is determined to be multi-family;
therefore, maximum of 14 dwelling units per acre are applicable standards
for R-3 to the project.
Section 106-839–Minimum parking requirements are based on occupant
use. Multi-family development (R-3) requires 1.5 parking spaces for one-
bedroom unit and 2.5 parking spaces for two-bedroom units. In addition, the
number of accessible parking spaces isdetermined based on the total number
of parking spaces provided for the facility.
Board of Adjustment
September 26, 2013
#13-93000005
Page 2
Project calculations are as follows:
No. of UnitsProposed
One bedroom = 107 units
Two bedroom = 73 units
No. of ParkingSpaces
One bedroom 107x 1.5 = 161 parking spaces
Two bedroom 73x 2.5 = 183 parking spaces
Parking Spaces Required = 344
Parking Spaces Proposed= 258
(86less parking spaces
than required or 1.4 parking spaces per unit)
Using the City’s parkingstandards;the submitted plandoesnot meet the
minimum requirements. Staff offeredthe following options to the applicant:
Have a creative design to accomplish the parking along with amenities to
the detention pond.
Re-arrange the site layout to meet the number of parking spaces required;
Submit a VarianceRequest to the Zoning Board of Adjustment to reduce
the off-street parking requirement.
Citing Section 106-192(b)(2) (b)of the Code of Ordinances, the applicant is
seeking a varianceto allow a reduction of the off-street parkingspacesfrom
344to 258 spaces. Theapplicant’sreason for providing fewerparking
spacesis that many of the residents will not have the ability or desire to
drive.The applicant also contends that senior apartments are less intense
than regular multi-family developments and require fewer spaces.
Currently, the site is undeveloped with an abundance of vegetation adjacent
to Harris County Flood Control drainage channel to the east. To the
northeast, the site is hampered by the pipeline easement. Aproposed
detention pond will outfall into a drainage easement to the south.Two points
of ingress/egress along Canada Road are shown on the plan. The main
entrance to the facility is designed witha boulevard or split median.
Analysis
:The Code of Ordinances defines a variance as: “a deviation from the literal
provisions of this chapter which is granted by the board when strict
conformity to this chapter would cause an unnecessary hardship because of
the circumstances unique to the property on which the variance is granted.
Board of Adjustment
September 26, 2013
#13-93000005
Page 3
Except as otherwise prohibited, the board is empowered to authorize a
variance from a requirement of this chapter when the board finds that all of
the following conditions have been met.
a)That the granting of the variance will not be contrary to the public
interest;
b)That literal enforcement of this chapter will result in unnecessary
hardship because of exceptional narrowness, shallowness, shape,
topography or other extraordinary or exceptional physical situation
unique to the specific piece of property in question. “Unnecessary
hardship” shall mean physical hardship relating to the property itself as
distinguished from a hardship relating to convenience, financial
considerations or caprice, and the hardship must not result from the
applicant or property owner’s own actions; and
c)That by granting the variance, the spirit of this chapter will be observed.”
The Board must decide if the applicant’s request for reducing the number
of parking spacesbygranting this variance willbe contrary to public
interest.
Minimum off-street parking requirements ensure that off-street parking areas
are designed and located to protect public safety, minimize congestion,
reduce solar heat gain, minimize traffic conflicts and congestion on parking
aisles and public streets, and buffer surrounding land uses and public areas
from visual and noise impacts.
The applicant believes the variance will prevent unnecessary impervious
cover and retainmany treeslocated onthe north endof the development.
The property is not unique, but the designated zoning district createsa
situation for this site. The front portion along Canada Road will remain
zoned commercial. In the variance application, the applicant has stated thata
detention pondis designedto serve future detention needs of the commercial
reserves; however, thedetention pond is not oversized to accommodate
undeveloped commercial property in front of the proposed facility along
Canada Road. In addition, an existing pipeline easement that runs through
the north end of the subject site, presents design issues.
The current zoning ordinance would require a 1.91 space per unit parking
ratio for a total of 344 spaces for this development. The developer indicates
that with their previous senior developments, there is a parking ratio of 1.2
spaces per unit.
Board of Adjustment
September 26, 2013
#13-93000005
Page 4
Staff researched several senior facilities to determine parking needs.
Churchill Place Apartments, a senior’s independent facility at 1201 S.
Broadway was built in 2002. The Board of Adjustment granted a variance
for reduction of parking spaces. Based on 72 units, the number of parking
spaces required was168. However, the City usedthe following method to
calculate parking:72 units x 1.25,this yields 90 parking spaces.
According to the office manager at the facility, parking is not an issue, as
50% of the residents have cars, and average age of the residents is 70.
Happy Harbor Seniorindependentapartments complex at 900 Parkway
Street 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 owncars; parking can be a problem, especially on the weekend. In
Kemah, Lake Haven senior independent 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.
Staff recognizes that Mariposa at Pecan Parkis a development for the senior
population. 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
cannotbe sold or leased to anyone but seniorsfor 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.
Conclusion/
Recommendations
:Based on the facts outlined in this report, staff believes the request for a
reduction in the off-street parking requirements may be considered with
conditions. These conditions are recommendedto ensure that granting a
variancewould not be contrary to the best public interest.
Use the following method to calculate parking 180units x 1.40. This
yields 252spaces plus 7accessible spaces for a total of 259spaces.
Covenants/restrictions are assigned to the property only allowing the
land and structure to be used as senior apartment home communityin
perpetuity of the life of the structures.
Identification of the Varianceinformation (permit number, date of
passage and any conditions) is noted on the majordevelopment site plan.
Thismust be submitted to the City prior to approval and issuance of a
building permit.
Board of Adjustment
September 26, 2013
#13-93000005
Page 5
While recognizing the circumstances associated with this request, the
Board could consider:
Allowing the construction of proposed development with reduced
number of parking spaces(variance granted).
Allowing theconstruction of proposed development with strict
compliance of the zoning ordinanceto provide required number of
parking spaces(variance denied).
Appeals
:As per Section 106-196 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
bureau of the city may present to a court of record a petition for a writ of
certiorari, as provided by V.T.C.A., Local Government Code Section
211.011, duly verified, setting forth that such decision is illegal, in whole or
in part, specifying the grounds of the illegality. Such petition shall be
presented to the court within ten days after the filing of the decision in the
office of the Board of Adjustment.
AREA MAP
VARIANCE REQUEST # 13-93000005
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