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HomeMy WebLinkAbout07-01-1999 Workshop Meeting• ZONING BOARD OF ADJUSTMENT 1~OTES FROM WORKSHOP HELD JULY 1,1999 Members Present: Sidney Grant, Willie Walker, Ruben Salinas, Charles Schoppe, George Maltsberger Members Absent: Bob Capen, Ruben Salinas City Staff Present: Assistant City Manager John Joerns, Planning Director Doug Kneupper, City Planner Masood Malik, Assistant City Attorney John Armstrong Reviewed Analysis of Code of Ordinances, Chapter 106, Division 9; Nonconforming Buildings, Structures, and Uses. Opening statements by Doug Kneupper and John Joerns. Presentations by John Armstrong, of Askins and Armstrong, and Parke Patterson, of Hawes, Hill & Patterson. Zoning Board of Adjustmemt Workshop July 1, 1999 Outline of Topics 1) Organization a) City Council b) Planning and Zoning Commission c) Zoning Board of Adjustment 2) Zoning a) Districts /Map b) Regulations 3) Nonconforming a) Structures b) Uses c) Lots of Record 4) Presentation by Parke Patterson 5) Open Discussion • • Memo 1b: Zoning Board of Ac~jastment ~: Doug KneuPper, Plannioog Directo CC: John Joerns, Assistant City Manager Dante: 06/259 rte: Nonconforming Structures and Uses Previous terms and conditions of the Zoning Ordinance prohibited changes or mod cations to pre-existing, legal, nonconforming uses and/or structures. In June of 1996, City Council charged the Planning and Zoning Commission with developing a strategy for dealing with nonconforming uses and structures that would also maintain neighborhood protection. In November of 1996, the Planning and Zoning Commission forwarded recommendations on nonconforming uses and structures to City Council. After several workshops and much discussion, amendments to the zoning ordinance were adopted by City Council in February of 1998. In November of 1998, the City hired planning consultants to assist staff with developing written policies and procedures for implementation of the recerrtly mod~ed section of the zoning ordinance regulating nonconforming structures and uses. During your workshop meeting scheduled for July 1~, Parke Patterson with the consulting. firm, along with staff and the Assistant City Attorney, will be making presentations regarding the Board's roles and responsibilities and staffs roles and responsibilities in implementing the nonconforming uses and structures section of the ordinance. Enclosed, you will find a copy of Chapter 106 of the City's Code of Ordinances, which is more commonly referred to as the zoning ordinance. Division 9 was amended and now provides the regulations for nonconforming uses and structures. Also enclosed ~ifo • page 1 • • is a draft of the policy and procedure manual that Mr. Patterson has developed. This document has been reviewed by staff and is still subject to minor modifications and changes. - At the conclusion of this workshop meeting, it is ~ my intention to begin preparing a nonconforming use case and present it to the Board at your next available meeting. ff you should have any questions or comments regarding this matter or any material that I have provided, please feel. free to call me at 281-~71 X020 or e-mail kneupperd _ci.la-porte.tx.us Thanks for your time and effort. • Page 2 • • City of La Porte, Texas -~ ~ Analysis of Nonconforming Buildings, Structures and Uses Ordinance t June 18,1999 Hawes Hi118~ Patterson Consultants. LLP, Urban Planners Houston, Texas ZO'd dt0=90 66-St-unC • • Table of Contents I. Highlights~and Important Points, Nonconforming Buildings, Structures, and Uses La Porte Ordinance (1501 11. Definitions III. Summary Analyals of Nonconformities A. Nonconforming Use Regulations B. Effects of Nonconforming Uses on Lending/Project Financing C. Expansion of a Nonconforming Use D. Destruction of a Building Occupied by a Nonconforming Use E. Obsolescence of Structure F. Termination of a Nonconforming Use G. ~ Vested Rights in Land Uses H. Summary Procedure for Amortizing Nonconforming Land Uses I. Repairs and AlterationsJEnlargement of Nonconforming Structure N. Eval uation of Existing Data Availabls in City Planning Department A. Sector Map B. Tabular Data V. Essential File Information/Documantation A. .Nonconforming Use Inspection Checklist B. Sample Staff Report for Zoning Board of Adjustment C. Nonconforming Uses Information Form D. Photographs E. Public Responses VI. Prioritizing Enforcement of Non-Conforming Uses A. Convnercial nonconforming uses adjacent to residential uses B. Commercial nonconforming uses adjacent to commercial uses VII. Nonconforming Usos Application Form VIII. FIov~Chart and Public Itelatlons Handout Anitlysix of Uivlsion 9, 7.cmmg C)rdinance, Nonccmforming Buildinb~v, 5uvctures, and Uses City of I.a Pcxtc,'1'races. July 18, 1999 [[ewes Hi11 & ~etterson Consulten~s • ~ I• Highlights and Important Points - Nonconforming Buildings S~uctures and Uses Zoning Ordinance {Division 9) • "A use that conforms to the zoning regulations on the effective date of this Zoning Ordinance at the time of tnitlal development of the site shall not subsequently be deemed anon-conforming use solely because the use changes on an adjoining property.° • The right to operafie any nonconforming structure shall terminate whenever the nonconforming structure becomes substandard and the cost of placing such structure in lawful compliance with applicable ordinances exceeds 50% of the replacement cost of the structure. "Repairs and alterations may be made to a nonconforming building or structure; provided, that no external alterations shall be made except• those required by law 'or ordinance, unless the building is changed to a conforming use" • "... Any nonconforming lot of record may continue without change In boundaries and may be utllized or developed provided that the uses and development are otherwise authorized as provided herein" • Any lot which is made conforming by combining with other lots for purpose of sale or development, or by development, or by subdividing, thereafter shall be recognized as a conforming lot." Analysis of Division 9, Zoning Ordinance, Nonconforming Buildinbn, Struc~lur~s, xnd U:~-, 2 Ciry of La Hone, 'I'~aca~, July 18, 19~ Hawes Hill di: Patterson Consultants b0'd dt0=90 66-St-unr • • II. Definitions "Alteration ar Repair" is a modification made to an interior portion of a building. "Exemption from Extended Useful Life" a process whereby the Zoning Board of Adjustment considers whether to allow a land use or structure to continue in operation, subject to findings and conditions. "Extended Useful Life" is the detemnination of a period of time by the Zoning Board of Adjustment during which a nonconforming use can :_ operate (also known as amortization). ~ ~ , "Illegal Nonconforming Uses" are uses that were never legally permitted and approved and r~emain~ nonconforming under the current regulations. "Legal Nonwnforming Uses" are uses that were legally permitted and approved under the regulations that were in-place at the time of permitting. "Nonconforming Lots of Record" means an area of land designated as a lot on a plat of a subdivision recorded pursuant to statutes of the state with the county dark, or an area of land held in a single ownership described by metes and bounds upon a deed recorded or registered with the county deck, whereby said lot does not conform to the existing zoning regulations. "Nonconforming Structure" is a structure, the size, dimensions, or location of which was Lawful prior to the adoption or revision to the zoning ordinance but that fails by reason of such adoption to conform to the present requirements of the zoning district. - "Nonconforming Uses" are land uses that are allowed by one set of regulations but not permitted under the current regulations. This generally results from annexation or amendments to the regulations under which the land use was permitted. Analysis of Divisi~m y, 'Coning Ordinance:, Noncanforminb Buildings. Structurew, and Uses ~ 3 City of La Porte, Texas. luly 18. 19~ . . Hawes I Iill dt I'atteraon Consultants 90'd ~ dZ0=90 66-8Z-unC • • III. Summary Analysis of Nonconforming Use Ordinance A. Nonconforming Use Regulations Regulations addressing nonconforming uses generally provide and stipulate the following: • The ability of the nonconformity to continue until abandoned, change to a conforming use or terminate • Stipulate the effects of destruction of a nonconformity • Define abandonment (abandonment is usually.based on a specified period. of time that a building is not used or a land use is not operating ) • Stipulate the ability for a nonconformity to expand B. Effects of Nonconforming Uses on LendinglProject Financing Before lending, lenders often require that a letter or certification be provided by cities, which stipulates that a building that is destroyed may be rebuilt and, in some cases, expanded. They also have a strong interest in a city's ability to require termination of a nonconformity. In both cases, lenders are simply protecting their potential investment in the property. C. Expansion of a Nonconforming Structure Expansion of a Nonconforming Structure is allowed only with approval of the Zoning Board of Adjustment (ZBA), if the ZBA determines that the nonconformity will not be increased. In order to provide the 26A with a basis by which to make their decision, the findings identified below should be considered by the ZBA. • The expansion will not likely decrease property values of the adjacent or nearby properties. - • The expansion will not negatively affect the quality of life of adjacent or nearby residents. • The expansion will not negatively affect the health, safety or welfare of the adjacent or nearby residents. Conditions of approval necessary to increase the compliance of the nonconformity. Analysis of Division 9. toning Ordinance. Nonconforming Buildings, Structures, and Uses City of La Porte. Texa.~. July Ili. 19~J Hawes Bill do Palterwm Ccrosultanls 4 90'd dZ0=90 66-8t-unC • • D. Destruction of a Building dccupied by a Nonconforming Use Cities typically regulate destructon and subsequent rebuilding of nonconforming uses by either a percentage of appraised value or size of floor area. t.a Porte's ordinance is based on value and states the following: • Total (100%) destruction of value -new construction must comply with regulations; • Between 5096 - 9996 destruction of value -Special Exception permit may be granted by the ZBA for repairs only, not enlargement or reconstructlon (see findings required for Special Exceptions); • Less than 5096 destruction of value -permit may be issued for reconstruction. Special Exception findings: In order to grant a Special Exception, the ZBA must find that such "Specal Exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public:interest.° E. Obsolescence of Nonconforming Structure The ordinance states that the right to operate a nonconforming structure shall terminate whenever the nonconforming structure becomes substandard under the codes of the City and the cost of improving the structure to comply with the codes is greater than 50°~ of its replacement value, as determined by an appraiser. Analysis of l~iviaicnt 4, Zonini Urciinance, Nonconfcxming Buildings. ti~ructures, and Ilsrs ~ City of I d Porte, Texas, July 18, 1999 l~aw~ bill & Patterson Ccu~sultants LO'd dZ0=90 66-8t-u~C • • F. Summary of Procedure for Allowing an Extended Useful Lifo (Amortizing) for Nonconiorming Land Uses The ZBA may establish an extended use life period for a nonconforming use of not less than five (5) years and not more than twenty (20) years. The extended useful life period allows the owner/operator to be compensated for the over a prescribed period of time based on the current remaining useful investment in the use. The following Is a summary outline of steps that should be considered in determining the extended useful life period.. In all cases the burden is on applicant to provide the necessary information. 1. Require pertinent fnanaal information (such as receipts, tax statements, etc.) from the owner/operator to analyze the amount of investment made in the land, land use, and good will of the use, as appropriate. Such inl~ot~tion and analysis should be sought from a qualified comrr~rcial real estate broker, finanaal adviser, CPA or similar professional. 2. Require pertinent financial information from the ownerloperator to establish the amount of annual return on investment caused by the use. 3. Establish the amount of time necessary to make equal the amount of investment versus the annual return on investment caused by the use. For example: . Investment to date Demolition/Environmental Costs Annual return on investment Investment Period (a + b!c) Length of Existence Extended Useful Life $200,000 (a) $100,000 (b} $20,000 (c) Fifteen (15) Years Four (4) Years Eleven (11) Years 4. Establish the extended useful life period based on #3 above (no more than five years and no more than twenty years). 5. Establish conditions at the conclusion of the extended useful life period, such as, demolition of buildings, .environmental cleanup, removal of structures, professional site investigations, etc. (Procedures in the process for establishing an extended useful life period should be followed under the guidance of the City Attorney. The applicant should also be represented by legal counsel.) Analysis at Ulvislon 9, 7.oning (hdin~cc, Nonconforming Buildings, Structures, and tlsac 6 Ciry of I.a torte, 'I'ucss, July t8, t999 Hawes Hilt dk !'uttcson Cansultanb 8O'd dZ0=90 66-8t-unr • • G. Repairs and AlterationlEnlargement of Nonconfonming Structure • The ordinance allows internal alterations to existing nonconforming buildings, but does not allow external alterations, except those required by law, unless tha building is changed to a conforming structure. The ordinance states that a nonconforming structure may not be enlarged without Board of Adjustment approval and determinadon that the enlargement will not result in an increase in the degree of nonconformity. The ordinance also requires that the applicant submit a schedule for eliminating the nonconformity. Analysis of Division 9, 7,nning (kciinanctl, NonconfW'ming Auildings, Structures. and Uxes ~ 7 City of L.a Pate:, 'I'e:xaa, July 18,1999 E (awes Hill & Palterson Consultants 60'd ' d£0=90 66-St-unC • • IV. Exi9ttng Data In the La Porte Planning Department A. Sector Map The Sector Map is a valuable tool to: • tack nonconforming uses In the City by sector to identify areas in need of City intervention • track nonconforming land uses by zoning designation track the prevalence of nonconforming uses between the different sectors of the City B. Tabular Data Collected by the Planning Department • The tabular data currentFy available in the Planning Department is valuable and necessary to begin the process of enforang nonconforming uses. However, the tabular data appears to be dated and addit;onal information is needed to fully document the cases. See both the Checklist and Information Form provided in #his report, which, if completed, should provide the data necessary to analyze any particular case. Analysis of Division 9, 7aning Urdinance, Nonconfimnina Buildings. Sdvcttueo. and Uses City of La Porte Texas, hi)y 18, 1999 Hawes l lilt & Patterson Ccrosultants Ot'd d£0=90 66-8t-unc • • V. Essential File Information/Documentation A. Nonconforming Use Irmpection Checklist The enclosed Inspection Checklist should be used in field inspections and be held in the file. B. Sample Staf( Report • The enclosed Staff Report or similar form should be used for presentation to all boards, commissions, etc. C. Nonconfonning Usee Information Form • The enclosed Nonconforming Uses Information Form should be used for permanent file information. Nonconforming Uses Information Form should also be used as an exhibit for future staff reports to boards, commissions, etc. D. Photographs (or videotapes) • Photographs of the existing conditions aro critical to the Iega1 evidence presented to the ZBA.and the public. Photographs also provide an opportunity to visualize the existing conditions for those who are unfamiliar with the site. • Photographs provide evidence of "beforo/after" conditions. The °after° photographs should be presented to the ZBA as a follow up to their enforcement actions. - E. Public Hearing Notice Responses • Include all public responses in the permanent file. Analysis of Division 9, Zoning Qrdinance, Nun~xmfornting Buildings, Structurca, and Uses y City pf I.a Pcntc, '!'micas, July 18, 1~ Havres Hill dit Patterson Coasultunts tt'd d£0=90 66-8t-unC • • A. City of La pone Nolaconformiog StructurelUse lfsspection Checklist Sector Number laatc ol'inspection Date of Violation Property Address Owner's Address ()nerator's Address ~~ Section being Violated ~.a PorteLotling District Stall' Member Deu~ription of Violation Anslyxix of Division 9, Zcming Ordinance, Nonconforming $uiidings, Structure, and Uses City of'la 1'orte,'1'exar,luly 18. 14S>y _ Hawes Hill 8t Patterson Consultants ZL'd d£0=90 66-8t-unC • • R• • SAM1'LIL STAFF REPORT City o[ Ls Purfc Planning Department Staff Report to Zoning Board of Adjustment Date: July, l ; ] 999 Agenda Item No.: .Item #2 •' ~Pubiic hearing to consider anti take appropriate . action on:an application 1'ar as cxcmplicm to an extended useful life °for a legal nonconforming use for auto sales in a . residential lone, located at 1111 LIm Street, Block 1, I.ot 1, Shady Acres Subdivision kclwrt To: 7,oning Board_ofAdjustment Report By: lloug Kneupper, Director of Planning !. Background ~- 4n July 1, 19,90. Carter Auto Saleswa~ issued a permit to sell used vehicles in a cotnmcrcial gone at_ 1111 Flm Strcot, Black 1, Lot I, Shady Acres Subdivision. nn May I, 1999, the City Council amended the La Porto 7.c~ning IVlap and desil;natcd the property as °a .residential zonr~. The propcriy owner and dperator, Boh Carter, has submitted an application for an exemption fit~m an extendcci useful life for th~c auto xales-use: l;xhibit A is a location map i~f the subject site. ii. Description of Noncttnformin~ Use When .the building permitted way issued in 1990, the auto saic.~ use was located in a cotntnercia] ioue. Since the property is now zoned residential, the auto sales use is a legal nonconforming use. Only single family residences are allowed in the residential zoning district.: Auto sales in a residcnt~l •rone is trot an allowable use. The auto salc.~ use is a violation of Section 101 of the LaPorte Code which identifies the land uses allowed in a residential zone. No structures are Located on the subject lot in which the auto sales arc occurring. Exhibit 13 is a photcigraphol'lhe°auto sales u.~e. Exhibit C is the Nonconforming iJse lnfortnation Dorm completed by staff, £i'd Analysis uFnivision 9, 7.oning Onlinance. Nonconforming HuiTdings, Structures, and. U.~ 11 City of La Porte, Texas, July 18, 199 I~wc~ HiTI & Patthrson Consultants • 111. Dlxcu.~ion The findings required for approval for an exemption from extended u~ful lift arc: 1. that the nonconlbrming use has no adverse impact upon allowed land uses in the distriel in which it is k~c•.dted; 2. that the nonconl'urming use can be made compatible with surrounding uses upon compliance with speeili~d conditions. l3ascd on a site visit to the property. it appear that the auto sales atic has attributed to the following: • 'Traffic in the Shady Acres Subdivision by prospective car buyc,,rs; • On-stnx:t parking on Llm Drive by prospective car buyers. Elm Street is completely occupied by single family residential homes (with the exception of the subject auto sale.~s); • lsngine noise over than that normally generated by single family residential uae.~ by prospective t;er buyers "testing" the cars that arc for sale. Staff has rrceived a total of live (S) written complainis liom residents of the Shady Acres Subdivision (Sec Exhibit n) IV. liecom mcndation Staff recoromcnd.~ approval of the exemption from extended useful life subject to the following conditions: 1. Existing access to the auto sales lot from Llm Street shall be abandoned and new access shall be established on Pine Street. 2. '1'cn (!d) on-site parking spaces shall be established. 3. Hours of operation shall be limited to 1 U AM to S P]Vi, seven (7) days per week. li:zLibila ~_ Exhibit A - Sector/Location Map Exhibit }3 - Photograph of Nonconforming Use l;xhibit G - Nonconforming Ilse Tn`forcnation 1•orm lrxhibit n - Written complaints on subject violation Analysis of Uiviaian 9~ 7.oning Ordinance, Nonconfcuming Buildings, Structures, and Uscy 12 ('ity of La Pane, Texas,luly 18, 1999 E~avrov Hill dt t'atl~rcon Consultants l't'd ~. d'b0=90 66-8t-unC • • C• City of l.a Porte Nonconfortnin~ I1wcs Information Form (File Information) Noncontbrming 1.1se ldcntilication N Lx. 99-1, 99-2, etc. Uate.of Tnsroertion/A~proximate Date of Inspection l.~.PStrte Sector Numbrr ]~me of Operation Owner Owner Address Omar Operator Address llarris County Appraisal llistrict,Number Size of Property Description of [mprovcmcnts Approximate Arcs ~l•[m~rovements ~eu;ription of Usc • Pictures of Progeny are Attached (with dates, time) Malysis of f~vision 9, Zoning Ordinance, Noncxmforming Buildings, Structures, And Uses 13 City of La porn:, 'Texas, July 18,19 Hawes Ilill & Hdterson Consultants 9T'd d~0=90 66-8t-un~+ • • VI. Prioritizing Enforcement of Nvn-Conforming Buildings and Uses The .following are examples of prioritizing enforcement of nonconforming buildings and uses in order of highest to lowest priority. A. Nonconforming tndustriaUCommer+cial Buildings and Uses Adjacent to Residential Uses • Pose the greatest threat to property values and quality of life. Nonconformities adjacent to residential land uses can result in negative opinion towards the commercial sector of the. City B. Nonconfonming Industrial/Commercial Buildings and Uses Adjacent to Commercial Uses • Pose a threat to quality commercial development and diminish the chances for commercial property improvements. In addition, nonconformity can result in a loss of commercial business. Generally, illegal nonconforming structures and uses (as defined in~this document) are more easily enforceable by the City than legal nonconforming structures and uses since they were never permitted at the time of construction, and are therefore illegal. Illegal nonconforming structures and uses are illegal until legally permitted and brought into compliance with all regulations. In order to determine whether a structure or use ispre-existing, legal or illegal, the building permits, utility permits, certificates of occupancy, and as a last resort, the historical knowledge of residents should he reviewed and documented. Analysis of Division 9, Zoning tkidiriattce, Nonconforming Buildings, Structures, and Uses ~ 14 (:ity of La I'ottc, Texas, July 18, 1499 Ilawcs Hill dt Patterson Consultants 9I'd ~ db0=90 66-tat-unC • VII. Sample Application -Nonconforming Uses and Structures ~er/Address Information Property Address: Owner: Address: Operator (if different from owner): Operator Address (if different from owner): Name of Operation: forma ' Lan and Pro Im rovements Existing Land Use: Prinapal Operations of Existing Land Use: Area of Subject Property: Area of Improvements on Sub~ct Property: ' Description of Existing Improvements/Building(s) vn Subject Property: Date of Establishment of Existing Property Improvements: Date of Purchase of Subject Property (if applicable): Date of Lease of Subject Property (if applicable): ~Descxiption of Subject Code Yolation: For Comaletlon by City Staff Nonconfornvng Use Identification Number (as established in flle): La Porte Sector Number: Hams County Appraisal District Number: Applicable Section of La Porte Code: Analysis of Division 9, Zoning UNin~nce, Nonconforming Buildings, Structures, arld U~.w 15 City of Ua Puna 1'exes, July 1$, 15199 I law~~ Hill & Patterson Consultagts LZ'd db0=90 66-8t-unC • n VIII. Flow Chart and Public Relations Handout A. Flow Chart 8. Public Relations Handout (to be provided) Concludlrrg Stateme-tl: Hawes F~III & Patterson Consultants is an Urban Planning flan located in Houston, Texas. Tho partners of the fine represent over 50 years of oombined.experience in urban planning, mninp, neighborhood empowerment, land development and public finance in Texas, California, The Cayman Islands, end Nevada. The inbrmatlon contained in this douunent-should be used in the context of City Planning and is not intended to be legal representation or represent legal opinions. Some inbrrnatlon has been obtained from the Texas Planning Review, November/December 1tJ88, in an artlde written by William S. Dahlstrom, AICP and Brenda McDonald, prindpals in the law firm of Dahlstrom McDonald PLLC. Analysis of Aivision 9, 7.oning Ordinance, N~cxmforraing Buildings, Structures, and Usc::r 16 City ut' I.a Ports, 'f~cas, July 1 S, 199 Itawcs~ Hill l! !'autx!u~n Consultants t3t'd d90=90 66-81-~nC