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HomeMy WebLinkAbout05-28-15 Zoning Board of Adjustment Meeting City of La Porte Planning and Development Department Established 1892 Tim Tietjens, Director City of La Porte Zoning Board of Adjustment Agenda Notice is hereby given of a Regular Meeting of the La Porte Zoning Board of Adjustment to be held on Thursday, May 28, 2015, at 6:00 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.Roll call of members. 3.A public hearing will be held to consider Variance Request 15-93000004, a request by Oakland Land and Development for the property located at 605 S. 16 th Street to allow construction of a metal office/warehouse building that is 3’ from the side (north) property line contrary to the provisions of Section 106-522 of the city’s Code of Ordinances which requires a minimum 10 foot side setback in the LI, Light Industrial, district. a.Staff Presentation b.Applicant Presentation c.Public Comments d.Question and Answer 4.A public hearing will be held to consider Variance Request 15-93000005, a request by Oakland th Land and Development for the property located at 211 N. 11Street to allow construction of a th driveway that is 15 feet from the intersection of Adams Street and N. 12 Street (unimproved right-of-way) contrary to the provisions of Section 106-835, Figure 10-3 of the city’s Code of Ordinances which requires a minimum 40 foot distance between a driveway and ROW intersection. a.Staff Presentation b.Applicant Presentation c.Public Comments d.Question and Answer 5.A public hearing will be held to consider Variance Request 15-93000006, a request by Oakland Land and Development for the property located at 921 S. 14 th Street to allow construction of a metal office/warehouse building that is 3’ from the side (south) property line contrary to the provisions of Section 106-522 of the city’s Code of Ordinances which requires a minimum 10- foot side setback in LI, Light Industrial, district. a.Staff Presentation b.Applicant Presentation c.Public Comments d.Question and Answer 6.A public hearing will be held to consider Variance Request 15-93000007, a request by Jacobs Vehicle Management for the property at 1801 Sens Road to allow placement of up to 21 metal containers off-chassis for storage of supplies for the company, contrary to the provisions of Section 106-751(c) which allows for a maximum of two containers for storage of materials/supplies for a business. a.Staff Presentation b.Applicant Presentation c.Public Comments City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov Zoning Board of Adjustment Agenda May 28, 2015 Regular Meeting Page 2 d.Question and Answer 7.A public hearing will be held to consider Variance Request 15-93000008, a request by Market at Spencer LLC for the property located at the southeast corner of Spencer and Canada further described as Tracts 1-5, Spencer Highway Estates 2 of the deed of records of Harris County William M. Jones Survey, Abstract 482, and Lot 1, Texaco at Canada to allow construction of parking and drive aisles to accommodate future development of a commercial pad site within the required 20-foot conservation area setback contrary to the provisions of Section 106-443, Footnote 1. a.Staff Presentation b.Applicant Presentation c.Public Comments d.Question and Answer 8.Administrative reports. 9.Board comments on matter appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. 10.Adjourn. A quorum of City Council members may be present and participate in discussions during this meeting. However, no action will be taken by the 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 Thursday, May 28, 2015 agenda of items to be considered by the Zoning Board of Adjustment was posted on the City Hall bulletin board on the ___ day of ________________, 2015. Title: City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov City of La Porte, Texas Zoning Board of Adjustment May 28, 2015 AGENDA ITEM 3 Consider approval of Variance request 15-93000004 to allow construction of a metal office/warehouse building that is 3’ from the side (north) property line contrary to theprovisions of Section 106-522 of the city’s Code of Ordinances which requires a minimum 10-foot side setback in the LI district th for the property located at 605 S. 16 Street (Applicant: Oakland Land and Development). Eric J. Ensey, City Planner Planning and Development Department City of La Porte, Texas Board of Adjustment Regular Meeting May 28, 2015 th Oakland Land & Development 16 Street Side (North) Setback Variance Planning and Development Department Staff Report ISSUE Consideration of a variance request by Oakland Land and Development to allow construction of a 3,800 square foot office/warehouse facility that is 3 feet from the side (north) property line at th 605 S. 16 Street, contrary to the provisions of Section 106-522 of the city’s Code of Ordinances which requires a minimum 10 foot side setback in the LI, Light Industrial, district (case #15- 93000004). DISCUSSION Applicant: Oakland Land & Development. Applicant’s Request: The applicant is seeking approval of variance request #15-93000004, to allow construction of a one-story, 3,800 square foot metal building located 3 feet from the side (north) property line. At this time there is not a tenant for the building; the applicant is developing this building to lease. The attached Exhibit A is a copy of the application and site plan showing the general proposed layout of the subject site. Subject Site: th The subject site is a portion of a .55 acre tract of land located onthe east side of S. 16 Street between Spencer Highway and Fairmont Parkway. The property is currently undeveloped and is th addressed 605 S. 16 Street. The legal description of the site is Lots 9-11, 22-24, and vacated alley, Block 825, Town of La Porte. The attached Exhibit B is an area map that shows the existing conditions of the site as well as the surrounding area. Background Information: The site is currently zoned LI, Light Industrial. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North LI, Light Industrial Light industrial; office, warehouse South LI, Light Industrial Light industrial; office, warehouse West LI, Light Industrial Light industrial; office, warehouse, storage yard East LI, Light Industrial Undeveloped 1 Board of Adjustment Regular Meeting May 28, 2015 th Oakland Land & Development 16 Street Side (North) Setback Variance Notice of Public Hearing: Section 106-194 of the Zoning Ordinance stipulates the various requirements for public notice of the public hearing. This variance included all of the necessary code requirements for a public hearing including the following: Notice of public hearing was posted in the newspaper of general circulation ten days prior to the date of the hearing. Mailed notices were sent to all owners of property lying within 200 feet of the site ten days prior to the date of the hearing. A sign was posted on the site ten days prior to the hearing date. Additionally, in compliance with state law, notice of the public hearing was posted at City Hall and on the City’s website at least ten days prior to the date of the public hearing. Applicable Code Provisions: Section 106-522, stipulates regulations regarding industrial area requirements. The following is an excerpt from that section as applicable to this variance request (see highlighted): Sec. 106-522.-Table A, Industrial area requirements. Modified (a)Table A, industrial area requirements. UsesMinimumMaximumMinimumAdjacent toMaximumBldg. Design 610 LandscapingLotYardResidentialHeightStandards RequirementsCoverageSetbacksMinimum (feet) 4 (percent) (percent)F.R.S.Yard 1, 3, 5 Setback (feet) F.R.S. 2, 5, 9 (feet) LI light 5 % up to one 7020-10-1030-50-50N/A industrial acre –four foot district; all minimum frontage 7.5 % one acre – permitted or conditional10 acres –10 foot minimum frontage 10 % -greater than 10 acres – 25 foot minimum frontage Analysis: The request is to allow construction of a new office/warehouse building that is 3 feet from the side (north) property line. This represents a 7-foot encroachment into the side setback. In this case, the subject site is only 75’ in width, which makes it difficult to fit in a building and at the same time accommodate sufficient area to provide for site circulation. As proposed, there is 32.3’ of space between the building and the south property line to provide for site circulation. If the applicant were to comply with the code, this distance would be reduced to 25.3’ and would make circulation difficult. 2 Board of Adjustment Regular Meeting May 28, 2015 th Oakland Land & Development 16 Street Side (North) Setback Variance If the Board were to grant a variance in this case, staff would recommend that a condition be considered that required the applicant to meet applicable fire rating requirements in the International Fire Code and/or Building Codes. Section 106-192 of the Zoning Ordinance states that the term “variance” represents a deviation from the literal interpretation of the code approved by the Board subject to the fact that enforcement of the provisions of the code would cause an unnecessary hardship because of circumstances unique to the subject property. The Board is authorized to grant a variance when the Board finds that a number of criteria are met. The following table outlines those criteria and staff’s analysis of those criteria. Criterion:Staff Finding: a. That the granting of the variance will not be The proposed variance represents a significant contrary to the public interest. deviation from the code. However, the applicant has indicated they would comply with fire rating requirements. Additionally the proposed development would be consistent with those uses surrounding it. Notice was sent to all property owners within a 200-foot radius from the subject site in accordance with code requirements. At the time this staff report was drafted, no responses for or against the variance were received by staff. b. That literal enforcement of this chapter will The exceptional hardship unique to this property result in unnecessary hardship because of that would warrant the granting of the variance exceptional narrowness, shallowness, shape, could be considered the narrow nature of the lot, topography or other extraordinary or exceptional being only 75 feet wide. Site circulation could be physical situation unique to the specific piece of diminished if the applicant were required to comply property in question. "Unnecessary hardship" shall with the code in this case. 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. c. That by granting the variance, the spirit of this If this variance were approved the proposed chapter will be observed. development would be consistent with the spirit of the zoning ordinance, especially based on the fact that the applicant has agreed to fire rate the wall that is the subject of the encroachment. Appeal Procedure: Sec. 106-196. - Appeals from the board of adjustment. 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 § 211.011, duly verified, setting forth that such decision is illegal, in whole or 3 Board of Adjustment Regular Meeting May 28, 2015 th Oakland Land & Development 16 Street Side (North) Setback Variance 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. ATTACHMENTS Exhibit A: Application and site plan for the proposed improvements Exhibit B: Area map 4 EXHIBIT A EXHIBIT A EXHIBIT A AREA MAP EXHIBIT B VARIANCE REQ. #15-93000004 µ W E ST SITE LOCATION W F ST T W G S City of La Porte, Texas Zoning Board of Adjustment May 28, 2015 AGENDA ITEM 4 Consider approval of Variance request 15-93000005 to allow construction of a driveway that is 15 feet from the intersection th of Adams Street and N. 12 Street (unimproved right-of-way) contrary to the provisions of Section 106-835, Figure 10-3 of the city’s Code of Ordinances which requires a minimum 40 foot distance between a driveway and ROW intersection th for the property located at 211N. 11 Street (Applicant: Oakland Land and Development). Eric J. Ensey, City Planner Planning and Development Department City of La Porte, Texas Board of Adjustment Regular Meeting May 28, 2015 th Oakland Land & Development 11 Street Conservation Area Setback Variance Planning and Development Department Staff Report ISSUE Consideration of a variance request by Oakland Land and Development to allow construction of th a driveway that is 15 feet from the intersection of Adams Street and N. 12 Street associated th with the development of a 5,000 square foot office/warehouse facility at 211 N. 11 Street, contrary to the provisions of Section 106-835, Figure 10-3 of the city’s Code of Ordinances which requires a minimum 40 foot distance between a driveway and right-of-way intersection (case #15-93000005). DISCUSSION Applicant: Oakland Land & Development. Applicant’s Request: The applicant is seeking approval of variance request #15-93000005, to allow construction of a driveway that is 15 feet from the intersection of Adams Street and N. 12 Street (unimproved R.O.W.) associated with a one-story, 5,000 square foot metal office/warehouse building. At this time there is not a tenant for the building; the applicant is developing this building to lease. The attached Exhibit A is a copy of the application and site plan showing the general proposed layout of the subject site. Subject Site: The subject site is a portion of a .763 acre tract of land located at the southwest corner of N. th 11Street and Adams Street. The property is currently undeveloped and is addressed 211 N. th 11Street. The legal description of the site is Lots 1-5 and 28-32, Block 72, Town of La Porte. The attached Exhibit B is an area map that shows the existing conditions of the site as well as the surrounding area. Background Information: The site is currently zoned LI, Light Industrial. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North LI, Light Industrial Light industrial; office, warehouse, storage South LI, Light Industrial Light industrial; office, warehouse, storage West LI, Light Industrial Cemetery 1 Board of Adjustment Regular Meeting May 28, 2015 th Oakland Land & Development 11 Street Conservation Area Setback Variance East GC, General Commercial Commercial parking lot Notice of Public Hearing : Section 106-194 of the Zoning Ordinance stipulates the various requirements for public notice of the public hearing. This variance included all of the necessary code requirements for a public hearing including the following: Notice of public hearing was posted in the newspaper of general circulation ten days prior to the date of the hearing. Mailed notices were sent to all owners of property lying within 200 feet of the site ten days prior to the date of the hearing. A sign was posted on the site ten days prior to the hearing date. Additionally, in compliance with state law, notice of the public hearing was posted at City Hall and on the City’s website at least ten days prior to the date of the public hearing. Applicable Code Provisions: Section 106-835, stipulates the curb and driveway criteria for commercial uses. The following is an excerpt from that section as applicable to this variance request (see highlighted): FIGURE 10-3 CURB AND DRIVEWAY CRITERIA COMMERCIAL AND INDUSTRIAL DISTRICTS (MU, MS, NC, GC, BI, LI, HI) Driveway Requirements Criteria CommercialIndustrial Drive width roadway speed limit is 55 MPH or greater minimum 30’ to maximum 45’ Curb return radiusCurb return cannot cross property line.Curb return cannot cross property line. Distance from intersection Spacing between driveways Number of accesses % of property 40%40% frontage Intersecting 9090 angle Approach grade5% max.5% max. 2 Board of Adjustment Regular Meeting May 28, 2015 th Oakland Land & Development 11 Street Conservation Area Setback Variance Expansion jointAt prop. lineAt prop. line CurbsCurbs disappear at property line if no curb is Curbs disappear at property present at existing street.line if no curb is present at existing street. Obstruction clearance Distance from side lot line *The distance shall be measured from the intersection of property lines common with the street right-of-way lines. Analysis: The request is to allow for a driveway that is located 15 feet from the intersection of Adams th Street and N. 12 Street right-of-way. Section 106-835 requires a minimum 40’ distance from th the intersection of property lines common with the street right-of-way lines. In this case N. 12 Street is an unimproved right-of-way and the city has no plans to improve it. In fact, a city cemetery is located to the west of the subject property and it is believed that there are grave th sites located within the N. 12 Street right-of-way in this location. Section 106-192 of the Zoning Ordinance states that the term “variance” represents a deviation from the literal interpretation of the code approved by the Board subject to the fact that enforcement of the provisions of the code would cause an unnecessary hardship because of circumstances unique to the subject property. The Board is authorized to grant a variance when the Board finds that a number of criteria are met. The following table outlines those criteria and staff’s analysis of those criteria. Criterion: Staff Finding: a. That the granting of the variance will not be Because the city has no future plans to improve N. th Street in this location, if the Board granted the contrary to the public interest. 12 variance it would not be contrary to the public interest. Notice was sent to all property owners within a 200-foot radius from the subject site in accordance with code requirements. At the time this staff report was drafted, no responses for or against the variance were received by staff. b. That literal enforcement of this chapter will The unique circumstance of the grave sites within th Street right-of-way and the fact that the result in unnecessary hardship because of the N. 12 exceptional narrowness, shallowness, shape, city has no current plans or intent to improve the topography or other extraordinary or exceptional right-of-way could present an exceptional physical physical situation unique to the specific piece of situation. 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, 3 Board of Adjustment Regular Meeting May 28, 2015 th Oakland Land & Development 11 Street Conservation Area Setback Variance and the hardship must not result from the applicant or property owner's own actions. c. That by granting the variance, the spirit of this The authorization of the variance could be chapter will be observed. considered in the spirit of the chapter as the city does not have current plans or intent to improve th Street right-of-way. the N. 12 Appeal Procedure: Sec. 106-196. - Appeals from the board of adjustment. 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 § 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. ATTACHMENTS Exhibit A: Application and site plan for the proposed improvements Exhibit B: Area map 4 EXHIBIT A EXHIBIT A EXHIBIT A AREA MAP EXHIBIT B VARIANCE REQ. #15-93000005 µ W TYLER ST SITE LOCATION W ADAMS ST W P O L K S T W M AIN ST City of La Porte, Texas Zoning Board of Adjustment May 28, 2015 AGENDA ITEM 5 Consider approval of Variance request 15-93000006 to allow construction of a metal office/warehouse building that is 3feetfrom the side (south) property line, contrary tothe provisions of Section 106-522 which requires a 10-foot side setback in the LI district th for the property located at 921 S. 14 Street (Applicant: Oakland Land and Development). Eric J. Ensey, City Planner Planning and Development Department City of La Porte, Texas Board of Adjustment Regular Meeting May 28, 2015 Oakland Land & Development Side (South) Setback Variance Planning and Development Department Staff Report ISSUE Consideration of a variance request by Oakland Land and Development to allow construction of a metal office/warehouse building that is 3 feet from the side (south) property line, contrary to the provisions of Section 106-522 of the city’s Code of Ordinances which requires a minimum th 10-foot side setback in LI, Light Industrial, district, for the property located at 921 S. 14 Street (case #15-93000006). DISCUSSION Applicant: Oakland Land & Development. Applicant’s Request: The applicant is seeking approval of variance request #15-93000006, to allow construction of a one-story, 5,000 square foot metal building located 3 feet from the side (south) property line. At this time there is not a tenant for the building; the applicant is developing this building and two others immediately adjacent to the north. The attached Exhibit A is a copy of the application and site plan showing the general location of the subject site. Subject Site: th The subject site is a portion of a 2.3 acre tract of land located onS. 14 Street north of Fairmont th Parkway. The property is currently undeveloped and is addressed 921 S. 14 Street. The legal description of the site is Lots 1-32, Block 866, Town of La Porte. The attached Exhibit B is an area map that shows the existing conditions of the site as well as the surrounding area. Background Information: The site is currently zoned LI, Light Industrial. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North LI, Light Industrial Undeveloped South GC, General Commercial Commercial; Fairmont Parkway Center West LI, Light Industrial Flex Office Space East LI, Light Industrial Vacant and Kroger Grocery Store 1 Board of Adjustment Regular Meeting May 28, 2015 Oakland Land & Development Side (South) Setback Variance Notice of Public Hearing: Section 106-194 of the Zoning Ordinance stipulates the various requirements for public notice of the public hearing. This variance included all of the necessary code requirements for a public hearing including the following: Notice of public hearing was posted in the newspaper of general circulation ten days prior to the date of the hearing. Mailed notices were sent to all owners of property lying within 200 feet of the site ten days prior to the date of the hearing. A sign was posted on the site ten days prior to the hearing date. Additionally, in compliance with state law, notice of the public hearing was posted at City Hall and on the City’s website at least ten days prior to the date of the public hearing. Applicable Code Provisions: Section 106-522, stipulates regulations regarding industrial area requirements. The following is an excerpt from that section as applicable to this variance request (see highlighted): Sec. 106-522.-Table A, Industrial area requirements. Modified (a)Table A, industrial area requirements. UsesMinimumMaximumMinimumAdjacent toMaximumBldg. Design 610 LandscapingLotYardResidentialHeightStandards RequirementsCoverageSetbacksMinimum (feet) 4 (percent) (percent)F.R.S.Yard 1, 3, 5 Setback (feet) F.R.S. 2, 5, 9 (feet) LI light 5 % up to one 7020-10-1030-50-50N/A industrialacre –four foot district; all minimum frontage 7.5 % one acre – permitted or conditional10 acres –10 foot minimum frontage 10 % -greater than 10 acres – 25 foot minimum frontage Analysis: The request is to allow construction of a new office/warehouse building that is 3 feet from the side (south) property line. This represents a 7-foot encroachment into the side setback. This building is part of the development of the entire block 866 into three office/warehouse facilities. Staff finds that there is sufficient space to rearrange structures and parking areas to comply with the applicable setback requirements. Additionally, this southern property line is adjacent to property that is zoned GC, General Commercial, and the 10-foot required setback provides a reasonable buffer between uses. 2 Board of Adjustment Regular Meeting May 28, 2015 Oakland Land & Development Side (South) Setback Variance Section 106-192 of the Zoning Ordinance states that the term “variance” represents a deviation from the literal interpretation of the code approved by the Board subject to the fact that enforcement of the provisions of the code would cause an unnecessary hardship because of circumstances unique to the subject property. The Board is authorized to grant a variance when the Board finds that a number of criteria are met. The following table outlines those criteria and staff’s analysis of those criteria. Criterion: Staff Finding: a. That the granting of the variance will not be The proposed variance represents a significant contrary to the public interest. deviation from the code. The code requires a 10 foot side setback, however in this case the applicant is proposing to encroach 7 feet into that setback. Setbacks are intended to provide separation between structures and land uses. In this case, the required setback provides a reasonable buffer between LI (this property) and the GC property immediately to the south. Notice was sent to all property owners within a 200-foot radius from the subject site in accordance with code requirements. At the time this staff report was drafted, no responses for or against the variance were received by staff. b. That literal enforcement of this chapter will Staff cannot find an exceptional hardship unique to result in unnecessary hardship because of this property that would warrant the granting of exceptional narrowness, shallowness, shape, the variance. The site could be reconfigured to topography or other extraordinary or exceptional accommodate the required setback. 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. c. That by granting the variance, the spirit of this The authorization of the variance would be a chapter will be observed. significant deviation from the city’s code requirements and would not be in the spirit of the chapter. Appeal Procedure: Sec. 106-196. - Appeals from the board of adjustment. 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 § 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. 3 Board of Adjustment Regular Meeting May 28, 2015 Oakland Land & Development Side (South) Setback Variance ATTACHMENTS Exhibit A: Application and site plan for the proposed improvements Exhibit B: Area map 4 EXHIBIT A AREA MAP EXHIBIT B VARIANCE REQ. #15-93000006 µ W G ST SITE LOCATION Y W K P T N O M R I A F W City of La Porte, Texas Zoning Board of Adjustment May 28, 2015 AGENDA ITEM 6 Consider approval of Variance request 15-93000007 to allow placement of up to 21 metal containers off-chassis for storage of supplies for the company, contrary to the provisions of Section 106-751(c) which allows for a maximum of two containers for storage of materials/supplies for a business for the property located at 1801 Sens Road (Applicant: Jacobs Vehicle Management). Eric J. Ensey, City Planner Planning and Development Department City of La Porte, Texas Board of Adjustment Regular Meeting May 28, 2015 Jacobs Container Variance Planning and Development Department Staff Report ISSUE Consideration of a variance request by Jacobs Vehicle Management to allow placement of up to 21 metal containers off-chassis for storage of supplies for the company, contrary to the provisions of Section 106-751(c) of the city’s Code of Ordinances which allows for a maximum of two containers for storage of materials/supplies for a business, for the property located at 1801 Sens Road (case #15-93000007). DISCUSSION Applicant: Jacobs Vehicle Management. Property Owner: Buzbee-Weathersby-Cloy Co. Staff received a letter from the property owner authorizing the applicant to apply for the variance. Applicant’s Request: The applicant is seeking approval of variance request #15-93000007, to allow for the placement of up to 21 metal shipping containers off-chassis to be used as material storage. The applicant asserts that they intend to utilize these containers for tools, consumable supplies and materials that are shipped to various jobsites throughout the U.S. They indicate that they anticipate having eighteen 40’ containers and three 20’ containers on site at any given time. The applicant indicated that they propose to locate the containers on the eastern portion of the property that is zoned LI, Light Industrial. The attached Exhibit A is a copy of the application and site plan showing the general location of the proposed storage containers. Subject Site: The subject site is a 7.6 acre tract of land located on Sens Road just south of N. P Street. The property is addressed 1801 Sens Road and is further described as Tracts 5 & 11, Enoch Brinson Survey, Abstract 5. The site currently houses a 2-story office warehouse facility and other ancillary buildings where Jacobs runs their operations. The attached Exhibit B is an area map that shows the existing conditions of the site as well as the surrounding area. Background Information: The site is currently split-zoned with the western portion of the site along Sens Road zoned BI, Business Industrial, and the eastern portion zoned LI, Light Industrial. The following table summarizes the surrounding zoning and land uses: 1 Board of Adjustment Regular Meeting May 28, 2015 Jacobs Container Variance Zoning Land Use North BI, Business Industrial/LI, Light Existing nonconforming single family residential Industrial South BI, Business Industrial/LI, Light Vacant and nonconforming single family residential Industrial West GC, General Commercial Vacant and commercial uses (across Sens Road) East LI, Light Industrial Harris County Flood Control District F-101 Drainage Channel; Nonconforming single family residential Notice of Public Hearing: Section 106-194 of the Zoning Ordinance stipulates the various requirements for public notice of the public hearing. This variance included all of the necessary code requirements for a public hearing including the following: Notice of public hearing was posted in the newspaper of general circulation ten days prior to the date of the hearing. Mailed notices were sent to all owners of property lying within 200 feet of the site ten days prior to the date of the hearing. A sign was posted on the site ten days prior to the hearing date. Additionally, in compliance with state law, notice of the public hearing was posted at City Hall and on the City’s website at least ten days prior to the date of the public hearing. Applicable Code Provisions: Section 106-751, stipulates regulations concerning shipping containers used for storage. The following is an excerpt from that section as applicable to this variance request (see highlighted): Sec. 106-751. -Shipping containers used for storage. Modified (a)Shipping containers may be used as temporary material storage facilities on construction sites in all zoning districts except residential (R-1, R-2, and R-3). In addition, commercial construction allowed in residential zoning districts may use shipping containers as temporary material storage facilities. (Note: Certificate of occupancy shall not be issued until shipping container is removed from the site.) (b)Shipping containers may be used as an accessory structure in LL, GC, BI and LI zoning districts. Shipping containers utilized as an accessory building/structure shall be subject to the following provisions and shall comply with all applicable permit conditions: (1)It shall comply with all yard setbacks. (2)No larger than 350 square feet and no more than one container may be located at site. In case of light industrial (LI) and business industrial (BI) zoning districts, one container per three acres and maximum of three containers per site shall be permitted. (3)Overall lot coverage shall not exceed those applicable to the subject zoning districts. (4)Containers shall not be stacked. (5)Structure must have a minimum 3/12 pitched composition shingled roof or other material approved by the director. 2 Board of Adjustment Regular Meeting May 28, 2015 Jacobs Container Variance (6)All sidingsshall be covered with hardy plank, or other material approved by the director. The doors may remain uncovered. (7)The building may be placed on the ground without a foundation provided that building is anchored to the ground per standard building codes. (8)Structure shall be architecturally and aesthetically complimentary with the primary building. (9)A building permit shall be applicable prior to installation. (10)Within 30 days of the issuance of a building permit, shipping container shall be enclosed within a building or required components shall be attached to the frame of the container. (11)Maintenance of all items required herein is the sole responsibility of the owner. (12)Failure to comply with these provisions will cause removal of the container from the property at the owner's expense. (c)The owners of shipping containers utilized as mobile supply tool/material supply storage units are allowed to stage a maximum of up to two units at their operating business location provided that the units are screened from public view and from right-of-way subject to requirements of subsections106-444(a), (b) (Commercial performance standards) of this chapter. Analysis: The request is to allow for up to 21 shipping containers to be used as storage of tools and equipment, off-chassis and stored on site. Regardless of type of business or site of a parcel of land, the city’s regulations on allow for up to a maximum of two shipping containers utilized as mobile supply tool/material supply storage units. The applicant’s desire to store up to 21 containers off-chassis represents a significant deviation from code requirements. The storage of containers off-chassis is currently only permitted in the HI, Heavy Industrial, district. Section 106-192 of the Zoning Ordinance states that the term “variance” represents a deviation from the literal interpretation of the code approved by the Board subject to the fact that enforcement of the provisions of the code would cause an unnecessary hardship because of circumstances unique to the subject property. The Board is authorized to grant a variance when the Board finds that a number of criteria are met. The following table outlines those criteria and staff’s analysis of those criteria. Criterion: Staff Finding: a. That the granting of the variance will not be The proposed variance represents a significant contrary to the public interest. deviation from the code. The proposal is for up to 21 metal shipping containers off-chassis for equipment/tool storage, when the code allows for a maximum of 2. Notice was sent to all property owners within a 200-foot radius from the subject site in accordance with code requirements. At the time this staff report was drafted, no responses for or against the variance were received by staff. b. That literal enforcement of this chapter will Staff cannot find an exceptional hardship unique to result in unnecessary hardship because of this property that would warrant the granting of 3 Board of Adjustment Regular Meeting May 28, 2015 Jacobs Container Variance exceptional narrowness, shallowness, shape, the variance. The amount of off-chassis container topography or other extraordinary or exceptional storage proposed with this variance could and physical situation unique to the specific piece of should be accommodated in the HI, Heavy property in question. "Unnecessary hardship" shall Industrial, district. 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. c. That by granting the variance, the spirit of this The authorization of the variance would be a chapter will be observed. significant deviation from the city’s code requirements and would not be in the spirit of the chapter. Appeal Procedure: Sec. 106-196. - Appeals from the board of adjustment. 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 § 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. ATTACHMENTS Exhibit A: Application and site plan for the proposed improvements Exhibit B: Area map Exhibit C: Zoning Map 4 EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A AREA MAP EXHIBIT B VARIANCE REQ. #15-93000007 µ N P ST SITE LOCATION K RD INBROO PLA DGE NSET RI SU FIELDCREST DR N L ST V IOLA IE LOVINN ZONING MAP EXHIBIT C VARIANCE REQ. #15-93000007 µ SITE LOCATION K RD INBROO PLA DGE NSET RI SU FIELDCREST DR N L ST Legend Zoning General Commercial Business Industrial Light Industrial City of La Porte, Texas Zoning Board of Adjustment May 28, 2015 AGENDA ITEM 7 Consider approval of Variance request 15-93000008 to allow construction of parking and drive aisles and installation of landscaping to accommodate future development of a commercial pad site contrary to the provisions of Section 106-443(b), Footnote 1 which requires a 20-foot setback adjacent to the B-109 drainage channel where no building, parking, dumpster or landscaping improvements may be installed for the property located at the southeast corner of Spencer and Canada further described as Tracts 1-5, Spencer Highway Estates 2 of the deed of records of Harris County William M. Jones Survey, Abstract 482, and Lot 1, Texaco at Canada. (Applicant: Market at Spencer LLC). Eric J. Ensey, City Planner Planning and Development Department City of La Porte, Texas Board of Adjustment Regular Meeting May 28, 2015 Market at Spencer Setback Variance Planning and Development Department Staff Report ISSUE Consideration of a variance request by Market at Spencer LLC to allow construction of parking and drive aisle improvements to accommodate future development of a commercial pad site, contrary to the provisions of Section 106-443, Footnote 1 of the city’s Code of Ordinances which requires a minimum 20-foot setback adjacent to the B-109 drainage channel where no buildings, parking dumpster or landscaping improvements may be installed, for the property located at the southeast corner of Spencer Highway and Canada Road (case #15-93000008). DISCUSSION Applicant: Market at Spencer LLC. Applicant’s Request: The applicant is seeking approval of variance request #15-93000008, construction of parking and drive aisle improvements to accommodate future development of a commercial pad site. Harris County Flood Control District maintains a 15’ drainage easement on the east property line of the subject site for the B-109 drainage channel. The applicant asserts that a 20’ landscape setback would make any development on the pad site unfeasible with the additional setback. The attached Exhibit A is a copy of the application and proposed plat showing the general location of the easement in question. Subject Site: The subject is approximately 2.56 acres in area. The applicant has submitted application for a plat to replat the site into two commercial reserves, one 1.829 acres that contains application for a future ALDI grocery store and the other a 0.7274 acre tract that will be a pad site for future commercial development. The site is located at the southeast corner of Spencer Highway and Canada Road and is currently legally described as Tracts 1-5, Spencer Highway Estates 2 of the deed records of Harris County William M. Jones Survey, Abstract 482, and Lot 1, Texaco at Canada. The attached Exhibit B is an area map that shows the existing conditions of the site as well as the surrounding area. Background Information: The site is currently zoned GC, General Commercial. The following table summarizes the surrounding zoning and land uses: 1 Board of Adjustment Regular Meeting May 28, 2015 Market at Spencer Setback Variance Zoning Land Use North N/A City of Deer Park, across Spencer Highway South R-1, Low Density Residential Existing single family residential lot (3203 Canada Road) West GC, General Commercial Existing Jack In The Box (across Canada Road) MH, Manufacture Housing Park Existing Pecan Plantation Manufactured Housing Park East GC, General Commercial Harris County Flood Control District Drainage Channel R-1, Low Density Residential Notice of Public Hearing: Section 106-194 of the Zoning Ordinance stipulates the various requirements for public notice of the public hearing. This variance included all of the necessary code requirements for a public hearing including the following: Notice of public hearing was posted in the newspaper of general circulation ten days prior to the date of the hearing. Mailed notices were sent to all owners of property lying within 200 feet of the site ten days prior to the date of the hearing. A sign was posted on the site ten days prior to the hearing date. Additionally, in compliance with state law, notice of the public hearing was posted at City Hall and on the City’s website at least ten days prior to the date of the public hearing. Applicable Code Provisions: Section 106-443(b), Footnote #1, outlines the requirement for a 20-foot setback adjacent to all designated conservation areas. The following is an excerpt from that section as applicable to this variance request (see highlighted): Sec. 106-443.-Table A, commercial area requirements. Modified (b)Footnotes to Table B. A minimum landscape setback of 20 feet will be required adjacent to all 1 designated conservation areas. Buildings, parking areas, loading docks, outside storage, and refuse containers will not be allowed in such setback areas.A planting plan is required to be submitted and approved by the enforcing officer. These areas are to be landscaped with trees, shrubs, and groundcover. Required landscaping must be maintained by the property owner and/or occupant. Sec. 106-1.-Definitions. Modified Conservation areameans a designation on the land use and zoning maps representing an area of natural undeveloped land, characterized by scenic attractiveness. When so designed, all conservation areas require a minimum setback of all buildings to be 20 feet from the edge of the stream or bayou bank, right-of-way line, or other natural features. 2 Board of Adjustment Regular Meeting May 28, 2015 Market at Spencer Setback Variance Analysis: In this case the subject site is located adjacent to the B-109 drainage channel maintained by the Harris County Flood Control District (HCFCD). HCFCD has also obtained a 15-foot easement on the subject site along the drainage channel for drainage purposes. The city’s code further requires a 20-foot setback adjacent to conservation areas, of which B-109 would be considered as it is designated as an open space corridor in the city’s Comprehensive Plan. Such setback would be from the east property line adjacent to the drainage channel; HCFCD’s easement is within the 20-foot conservation area setback. Section 106-443(b), Footnote 1 does not allow parking within the 20-foot conservation area setback. The applicant is seeking a variance to this provision to allow parking in the setback area. The applicant has submitted a letter from HCFCD (see Exhibit A) indicating no objection to use of their easement for parking purposes Should a variance be approved by the Board, staff recommend the approval mirror that of what HCFCD would allow within the 20-foot conservation area setback. Section 106-192 of the Zoning Ordinance states that the term “variance” represents a deviation from the literal interpretation of the code approved by the Board subject to the fact that enforcement of the provisions of the code would cause an unnecessary hardship because of circumstances unique to the subject property. The Board is authorized to grant a variance when the Board finds that a number of criteria are met. The following table outlines those criteria and staff’s analysis of those criteria. Criterion: Staff Finding: a. That the granting of the variance will not be The intent of the setback from the conservation contrary to the public interest. easement is to provide a buffer from designated conservation areas. Staff has been led to believe that Harris County Flood Control District has no objection to certain improvements within their 15- foot drainage easement, which is part of the 20’ conservation setback. The applicant has submitted a letter from HCFCD indicating no objection to parking within their 15-foot drainage easement. Those improvements permitted by HCFCD would be within the public intrest – however, no structural improvements should be allowed in any instance. Notice was sent to all property owners within a 200-foot radius from the subject site in accordance with code requirements. At the time this staff report was drafted, no responses for or against the variance were received by staff. b. That literal enforcement of this chapter will The unique situation with this property is the result in unnecessary hardship because of location of the drainage channel adjacent to the exceptional narrowness, shallowness, shape, property. 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, 3 Board of Adjustment Regular Meeting May 28, 2015 Market at Spencer Setback Variance and the hardship must not result from the applicant or property owner's own actions. c. That by granting the variance, the spirit of this Should the Board grant this variance request chapter will be observed. subject to the condition that only those improvements allowed by HCFCD be permitted within the 20-foot conservation area setback, the spirit of the chapter would be observed. Appeal Procedure: Sec. 106-196. - Appeals from the board of adjustment. 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 § 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. ATTACHMENTS Exhibit A: Application and site plan for the proposed improvements Exhibit B: Area map 4 EXHIBIT A EXHIBIT A EXHIBIT A AREA MAP EXHIBIT B VARIANCE REQ. #15-93000008 µ SITE LOCATION SPENCER HWY MONTG OMERY LN T S RY T EN LN BELFAST BELFAST LN