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HomeMy WebLinkAbout07-12-2001 Regular Meeing and Public Hearingi OATHS OF OFFICE • OATH OF OFFICE I, Rod Rothermel , do solemnly swear (or'affirm), that I. will faithfully execute. the duties of the office of zoning Board of Adiustment % , of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances ofthis City; and I furthermore. solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. Rod Rothermel Swo .. and subscribed. I� g r �t i 1,,. t' , . • • • Notary State ofTexas • - • OATH OF OFFICE I, Ruben .Salinas , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of -Zoning Board of Adjustment , of the City of LaPorte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or'valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So. help. me God. Ruben Salinas S orn to and subscribed before me this the _ day of Notary PAW4and for the State of Texas r, • C] OATH OF OFFICE I, Willie Walker , do solemnly swear (or affirm), that. I will faithfully execute the duties of the office of zoning Board of Adjustment , of the City of LaPorte, State of Texas, and will to the best of my ability preserve, protect and defend the, constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered; or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. Willie Walker Swo to and subscribed before me this the c�[. day of 0 : 71 PEGGY LEE NOTAT PN K STATE OF -i NY CONNSSION EVMS w SEPFENIEI 14, 111] Notary Pub for the . State of Texas OATH OF OFFICE I, Bob Capen do solemnly swear (or affirm), that I will faithfully execute the duties of the office of zoning Board of Adjustment_, of the City of La Portc, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter -and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. ob Capen. Swo to and subscribed before me this the o day of 0 a-- I OATH OF OFFICE I, Sidney Grant ., do solemnly swear (or affirm), that I will faithfully execute the duties of the. office of -zon$.nq Board of Adjustment , of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the .constitution and laws of 'the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contnbute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof.. So help me God. Sworn to and subscribed toot It IMIMIS el Man WMM a Mu 10 UVH WN urn III 1991d me this the - 4 day of Notary in �andfor the State of Texas MINUTES • • ZONING BOARD OF ADJUSTMENT MINUTES OF JULY 1212001 Members Present: Chairperson Sidney Grant, Bob Capen, Willie Walker, Alternate No. 1 Charles Schoppe, Rod Rothermel, Ruben Salinas Members Absent: Alternate No. 2 George Maltsberger. City Staff Present: Planning Director Doug Kneupper, Chief Building Official Debbie Wilmore, Assistant City Attorney John Armstrong, Fire Marshall Paul Hickenbottom, . .Inspection Services Technician, Sherry Jennings. I. CALL TO ORDER. Meeting called to order by Chairperson Grant at 7:03 PM. II. APPROVE MINUTES OF THE MAY 24, 2001, MEETING. Minutes approved as presented. III. CONSIDER SPECIAL EXCEPTION REQUEST #SE 01-001 WHICH SEEKS TO ALLOW A REDUCED SETBACK FOR A BUILDING ADDITION AND A REDUCTION IN THE REQUIRED OFF-STREET PARKING REQUIREMENT IN A GENERAL COMMERCIAL (GC) ZONE. THE EXCEPTION IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-191(B)(2)(B) AND 106-191(3) OF THE CODE OF ORDINANCES OF THE CITY.OF LA PORT'. Chief Building Official Debbie Wilmore presented staffs report. Vertigo Nites is an existing teen.club located at 9406 Spencer Highway. The applicant has submitted a Special Exception request for two- separate- issues. The. first issue was a request to deviate the rear yard requirement for a building addition that was built without a city permit. The applicant is asking the Board to consider reducing the standard twenty -foot (20') setback to an eight - foot (8') setback. Approval of this reduction would allow the addition to remain the same size. The second issue of the request related to his desire for a reduction in the off-street parking requirement based on the specialized use (teen club) of the building. The city.'s parking regulations require a minimum of fifty-six (56) spaces and the applicant is asking that the required number be reduced to nine (9) spaces since most of the patrons at his teen club are not of driving age. Questions were posed to Debbie Wilmore and Paul Hickenbottom. Public not was mailed to sixteen (16) surrounding property owners. The city received one (1) response in opposition and.two (2) in favor. Zoning 1 Board of Adjustment • Minutes of July 12, 2001 Page 2 Staffs recommendation was to deny the reduced setback portion of the Special Exception request and to consider granting a reduction in the off-street parking requirement with conditions similar to those outlined in staffs report. A. PROPONENTS Chairperson Grant swore in Earnest W. Weatherford. Mr. Weatherford is the owner of 9406 Spencer Highway and states his building addition was built without a permit because the -City has "flagged" his file. He claims to have had difficulties in' obtaining permits from the city due to this "flagging". He explains he built the addition to help alleviate the noise (sound) complaints from neighbors and at the suggestion of a police officer responding to one such call. Since he owns the majority of the property behind the club site and the residential buffer would not benefit any property but his, he would appreciate the Board's assistance in reducing the standard setback to eight feet (8'). Mr. Weatherford said most of his teens do not drive and cars are only on site for drop-off and pick-up by parents. Since its inception iri 1998, his business has had 30,000 people come through the doors. With 125 teens inside, there have been cases where only eight (8) cars were parked on site. As the most successful club in the Houston area, he feels the more appropriate use of the land would be to allow additional building area and that the Special Exception issues being considered tonight would help him develop. the existing business to its highest potential. In addition, having to reduce any portion of the addition would result in an economic difficulty for him. Questions were posed to Mr. Weatherford. B. OPPONENTS Fina and Joe Rodriguez were sworn in. Mr. and Mrs. Rodriquez live behind the club property to the west. Each person addressed the Board individually. Both feel the club is a firetrap. At midnight and later, cars are parked in their neighborhood and teens are seen outside.' In addition, the music can be heard in their house even with doors closed and the television on. The music vibrates the house and the music they play has foul language/profanity. When the teens are outside talking and. smoking cigarettes, they can hear their language is asbad as the music itself.. Zoning Board of Adjustment Minutes of July 12, 2001 Page 3 Assistant City Attorney John Armstrong clarified that it takes the affirmative vote of four regular members to grant a Special Exception request. Adequate members were present. Motion by Rod Rothermel to grant the portion of the Exception that reduced the;required on -site parking requirement from fifty-six (56) spaces to a minimum of twenty-five (25) spaces with the condition that the. spaces are striped and the parking lot is dust -free: Also, the conditions of the Exception shall be noted on the required site plan. The motion was seconded by Willie Walker. All were in favor and the motion carried. Motion by Bob Capen to deny the portion of the Exception that would reduce the standard rear setback. Motion seconded by Ruben Salinas. All were in favor and the motion carried. IV. STAFF REPORTS There were no staff reports. V. - ADJOURN Chairperson Grant declared the meeting duly adjourned. at 8:03PM. Respectfully Submitted,. §�� \ Sherry Jenning . Inspection Services Technician (In Planning Secretarry',s /Absence) Zoning Board of Adjustment 2eet., A�0. V #A 01-002 APPEAL OF THE ENFORCEMENT OFFICER'S DECISION FOR GRINGO'S MEXICAN KITCHEN#2 MOVING LIGHTS ON TWO ON -SITE SIGNS EXHIBITS: APPLICATION FOR APPEAL STAFF REPORT EXHIBIT A — DESIGN ON "TAKE-OUT SIGN" EXHIBIT B — DESIGN ON "FREESTANDING SIGN" EXHIBIT C — CITY SIGN REGULATION Sect. 106-871(b) �oY - '. � DEC-18-2001 TUE 02; 34 PM • � FAX N0, .• ���� �; ��,�;-",�=:�i'�-�;+"O1 t�: , CITY OF LA PORTS DEC 28 2001 .J! ZONING BOARD OF ADJUSTMENT - APPEAL OF ENFORCEMENT OFFICER'S DECISION!3y - `! ~----~---- ---- -----------------wr---------w------_--w----- --- Application No;: Date Received: �F_TCE USE ONLY: � _ _ _--.-.--r---•-----------r--.-.---.-w-- �_-- ---------. ...------w-----wr.....--r r - Applicant: ame Address I am the owner of the herein described property. I have authorized to act on my behalf in this matter.' Owner*: �i/_--s e// i�b�•rrd Name �//�� �- �60/ ?INefrr.)Sed aTeylt /Y Z757/ PH: pj Address I° am appealing the decision regarding or the interpertation of Sect. /O4-82/ (!oZ of the City Zoning Ordin.ance1 No. 1501. Y am making .this appeal in regard to t e property located at 2e?: aAW. a w✓eTY - Street Address Legal-Descrip ion ( ) Site Plan ( ) Minor Development Site Plan ( ) Major Development.Site.Plan ( ) General Plan A Site Plan of the property 'is attached.' Also, I have listed the information requested below on the following pages of this form. a.) All facts"coneerning the matter that has led.up to this request. b) The type of relief I am seeking (setbacks, lot coverage, etc.). c) The grounds upon which I am making this request. # 'If applicant is NOT the owner, he .mpst provide Authori.zatioti to act on the Owner's behalf. I- 2 . e r Date Applicant's Signature ------r-..--------..-----•-----r--w--.------wr-----------r---rr.------•------ OFFICE USE ONLY .Site Plan and Authorization (if applicable) attached? Yes ( ) No ( ) Date transmitted to the Board of -Adjustments: Meeting Date.: 01- v�5-� � Applicant Notified of Date: Board's Decision; Approved ( ) Denied ( ) Notice of Board Decision mailed to.Applicant/Owner: 0 ';.DEC-18-2001 TUE 02:35 PM • FAX NO.. P. . 02 n PAGE 2 If.there is not adequate room on the.remainder of this form to list all pertinent information, please feel"free to attach an additional letter or any -information and exhibits you feel the Board should consider. FACTS RELEVANT TO THIS'MATTER: ` ✓ �•�. ti j a ie �% is ens t:�Q �[d be cc•� cry �1;r1, x�, , , �w✓ �. '/&a Alew,_Qa✓ rd�a he Ltt /z J�oe L� �s.J ,/ is c D� s104f W Di.Gs #M ivrG' � d AEiC. :6 ba TYPE -OF RELIEF BEING SOUGHT: GROUNDS FOR THE REQUEST: CED/1-' 7 1 . 0 Staff Report January -24, 2002 . Appeal of Building Official's Decision -#A 01-002 Requested by: Gilbert R. Ybarra, property owner , Requested for: 2631 Underwood Road Gringo's Mexican Kitchen #2 Tr. 1 OA-2; W. J. Payne BackEround: In late 1995, Gringo's Mexican Kitchen was completed and began serving La Porte and surrounding communities. Since that time, business demands have resulted in. two remodeling/additions -to the original restaurant. The first remodel was in late 1997 and the more recent remodel/addition was completed in June 2001. Also, in May of 1999, Mr. Ybarra was responsible. for the development of a new shopping center complex on the adjoining property known as 2627 Underwood Road.. . In August 2001, two sign permits were applied for and issued by the City. The permits were for the original restaurant known as 2631 Underwood Road. One permit was for a small sign 'to be mounted on the north side of the building. The purpose of this sign was to identify the entrance to the new "take-out order" area. A copy of that sign design follows this report and is identified as "Exhibit A". The second permit issued was for the installation of a new freestanding, on - premise pole sign to replace the previous one located in front of the business on Underwood Road. A copy of this sign design follows this report and is identified as "Exhibit B". Permits were issued and the signs have been installed. Their locations, size or heights do not present a problem; however, both sign designs include moving lights that does create a conflict with current city sign regulations. Under zoning regulations, Sect. 106-871(b) of the City's Code of Ordinances read as follows: Board of Adjustment 01/24/02 - #A 01-00.2 Page 2 of 3 "No sign'nor part of any sign may have lights which flash, move or. rotate in - such a manner as to be confused with traffic signals or emergency vehicle signals, or in a manner that confuses, misleads. or distracts traffic motorists. Beacons may not be placed on any signor be made apart of any sign. Additionally, no sign that resembles an official tall c control sign, signal or device or that bears the words. stop, go slowly, caution, danger, detour, or other wording for traffic control signs or devices may be used within the city. " A copy of the city regulation follows this report and is identified as "Exhibit C". The sign plans submitted along with the permit application did not clearly indicate the use of flashing .or moving lights; therefore, the. subsequent issuance of both permits does not authorize the use of lights that conflict with city regulations Staff has discussed the regulation and the need for compliance with the. applicant; however, Mr. Ybarra has chosen to make use of the appeal avenue. His application to Appeal of the Building Official's Decision #A01-002 follows, this report. The applicant is requesting he be allowed to continue the use of moving lights on both signs. Analysis: In describing the action of appeal, the Code of Ordinances states: In exercising the powers set forth in Section 106-88, the Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made; and to that end shall have all the powers of the enforcement officer from whom the appeal is taken. The Board must find the following in order to grant an appeal. a) That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map, provided the interpretation of the enforcement off cer 'is a reasonable presumption and the zoning ordinance is unreasonable. Current regulations , are written in a clear manner that. allows the enforcement officer to understand the intent of City Council as it relates to signs and sign lights. This regulation has been in effect for some time and the regulation has not -been proven to be "unreasonable". Board of Adjustment 01&/02 - #A 01-002 Page 3 of 3 b) That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses. similarly'situated.. Current regulations are written in a clear manner that enables individuals to understand City Council's . intent. This enables staff to provide the information to others and be consistent in the enforcement of this regulation. This consistency in the enforcement of the regulation ensures no "special privilege" to any one property. Flashing and moving lights have been denied on other sign permit applications. c) The decision of the Board must be in the best interest of the community and consistent with the spirit and interest of the city's zoning laws and the comprehensive plan of the'city: Staff believes the moving lights on the two signs do conflict with the intent of the regulation and would not be in 'the best interest of the community or be consistent with the spirit and interest of the City's zoning laws and the comprehensive plan of the city. Conclusion: Based on the facts and considerations noted in this report, Staff feels the Board should deny granting the Appeal of the Building Official's Decision #A01-002. The denial of this appeal would ensure that a "special privilege" is not afforded to one property. Staff believes the appropriate avenue to address this matter would be for the applicant to approach members of the Planning and Zoning Commission and City Council.and.share his ideas for a proposed ordinance change to the sign regulations. A resulting ordinance change, if it was -determined that.the proposal had merit, would then benefit all residents of La Porte. 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. .• TOP ELEVATION BOTTOM ELEVATION 'RED ARROW' IS ALUM. FACE �- 2'•11 • �� & RLLER, PTM PMS #213•C 1 ' RED y.6 • YELLOW ARROWIS ALUM. 2-4 ■ 2 ■ FACE & RPMS YEUj 03955•C YELLOWW 2'-0 • ' 71 dagnRa�S�. 9• TT lS,Me 10, Y Q nn �;":::' 3 1/4' 2• SQ,AWM TUBING 1�-4 4 N i`I O;i O.U!,U;..; r W/ BLACK FINISH v �' ' OI>nT DOIbu�X1 =3 1/4' O". a _ �z 35.1 d 'uea Off. .. ,� r'' �d �' 0.0 O O r-I• 1 10 5/8".. ,,. p-05 0 :) G Q Z FRONT ELEVATION ID CONTAINER IS ALUM. i v FACE & FILLER W/ RUER r, �` S p _ (� _ 3 D/F BORDER PAINTED ..1 jgr PROVIDE & INSTALL (1) D/F ILLUMINATED FLAG MOUNTED DIRECTIONAL TO MATCH PMS 0288, SIGN IS ALUMINUM FACE & FILLER SECTIONS, FINISHES AS INDICATED FACES PTM PMS # 3955 d ' _ too LUTA ILLUMINATED W/ (2) 15mm S/S GREEN NEON STROKES, (2) SETS OF - r CD lOmm S/S WHITE NEON STROKES & INCANDESCENT UGHTS(TRAVEUNG) / c SIGN G SUPPORTED BY 2• SO ALUMINUM TUBING W/ BLACK FINISH I( N AND MOUNTS TO EXISTING BUILDING SIDE INCANDESCENT 'q V--1 0410PH1OM AMR APPRMMAT! D/F 10mm 3/5 WHITE NEON (21 S/S 13mm GREEN NEON BULBS ON BOTH AND ARE SASED an snMam ON HP TOMATO RED VINYL SIDES Or fw1O1N0 f:gllf. forRls . IINO MMIL R me m: 1 fugVlr Is geOlgqla ro NO Directional Sign Layout VERNm "tulIso INSIDE ELEVATION OUTSIDE ELEVATION PDT ® 2000 Stale Sign Cary.��� Nousron..... 713-943-1831 Design No: 0612981 bri iom: Fax .... _.._..713-943-9771 SaluRlp. HM Des* d Gringo's Mexican Kitchen 7630 Hansen bddvafy Houston, TX 77061 TheDote: 2 JULY 01 Drolm By. it For 2631 Underwood www.statesign.com W.C. No: 50992 0 file: S:\Gringos\La Porte\Take Out Arrow La Porte, Texas' 77571 13'-2' Cabinet �TPPFL- : AUG 13 2001 G 29'-6' -C ;z :. 29'-0. 0 N m TO KITCHENS Ele. 18'-4' InteYX 0 illautmtmdion OVSO Q �6�\��p� o board" to accommodate pQQi� �S� S Q cussttofourmerlfurrnished \F "Io \QD p'��Q\1\C�(L(�:\NG m copy. Veri customer 00 \S 0C $ . tJletter � e before E C\t� GS At u a i2 in fa"ces. laces �� tHE C, ►N to 6e V-3 sta-tuff Z0�0 t1�S s� Ele. 11'-0' a v C Q o. 5 C c1 O Z - u Ele. 8'-0' S .. 8s/e'x.500 ' z `a wall std. 4464 CA -« steel pipes Aj i C_,t .4 Ele. a-0' m m =3 New 36" x 11--0' m m deep concrete ^� pier footing 2-0' O.C. e Elevation - D/F Illuminated Pylon :. Scale: 3/8"=1'-0" . a - • § 106-840 LA PORTE CODE (2) Auditorium, convention hall; exhibition hall, sports arena or stadium.Ten thousand to 100,000 square feet of floor area, one loading berth; for each additiona1.100,000 square . feet of floor area or fraction thereof, one additional loading berth. (3) Public or semi-public recreational buildings, community centers, private and'public . educational institutions, religious institutions, hospital,.elinics, professional ' Ad com- mercial offices. One off-street loading and service entrances shall be provided; kized to ' meet the needs of the facility. (4) Nursing homes and similar group housing serving -In excess .6f 16. persons. One .off-street loading space, sized to meet the needs of the facility Secs. 106-841-106-870. Reserved. ARTICLE VII. SIGNS* Sec. 106-871. General provisions. (a) All signs shall be .erected, displayed and maintained in compliance with the require-' ments of this article and all other applicable state laws and city ordinances. If there is a conflict between the regulations -of this article and a state law, city ordinance,. or codes adopted by ordinance, the most restrictive standard applies and controls. All signs not expressly'allowed by this chapter are prohibited. �.. (b)' No sign nor part of any sign may have- lights which flash, move or rotate in such a manner as to be confused with traffic control signals- or emergency vehicle signals, or in a manner that confuses, misleads or distracts traffic motorists. Beacons may.not.be placed on any sign or be made a part of any sign. Additionally, no sign that resembles an official traffic control sign, signal or device or that bears the words stop, go slowly, caution, danger; detour, or other wording for traffic control signs or devices may be used within the city. (c) All signs shall be properly and continuously maintained so as not to become..a safety hazard or detract from the appearance of adjoining properties. (d) All areas immediately below and within a radius of 15 feet shall be'properly maintained. - This includes maintenance of all vegetation to the standards set forth in section 34-126 et seq. (e). With the exception of permitted temporary signs, no sign may be placed on or over a public right-of-way, whether used or unused, a utility easement, or on utility poles. (f) No sign shall be located_ in a sight. triangle so as to obstruct traffic visibility at a level : between three feet and six feet as measured above adjacent road grade. *Cross references —Alcoholic beverages, ch..6; amusements, ch. 10; businesses, ch. 22; streets, sidewalks and -other public places; ch. 62; vehicles for hire, ch. 78; buildings and building regulations, ch. 82; development regulations, ch. 86; entertainment, ch. 90; mobile homes and mobile home parks, ch. 98. Supp. No. 1 CD106:102 H0EN #SE02-001 SPECIAL EXCEPTION 10 CHURCHILL PLACE APTS. REDUCTION OF PARKING SPACES EXHIBITS: APPLICATION FOR SPECIAL EXCEPTION STAFF REPORT EXHIBIT A LOCATION MAP EXHIBIT B —SITE PLAN OF CHURCHILL PLACE APTS EXHIBIT C - RESIDENTIAL AREA REQUIREMENTS — Sect. 106-333. Table B EXHIBITI) — PARKING REQUIREMENTS — Sect. 106-839 jmn-uL-cuuc wtu u4 , u 1 rn r nn trv, 1. vu CITY OF LA PORTE ZONING HOARD -OF ADJUSTMENT SPECIAL EXCEPTXON REQUEST ------------------------------- Application OF'F_MELUSE_ONLY: Fee.;__`$50.00 Date Received: � Receipt No.. NOTE: This'Fee is Non -Refundable Regardless of -the Board's Decision. Ap.p 1 i e a n t : Al and Rae Fairfield . --• ._ - Name - 111:23 KatyFreeway,Houston, TX 77079 PH: 713:A¢8:-1500 l ~- Address I ate the owner of the herein described property.' I have.authorized Chaparral -Group, Inc.-, -the developer_ to act on my behalf in this matter. Owner*: La Porte Venture, Ltd.-•_._._.__:_.___�____._. - J- �•� � Name _ j•11123 Katy .Freeway; llouston, TX_ 77079 PH: 7_11-4.6 15m_ I am requesting a Special Exception to Zect. _-, of the, City Zoning.Ordinance No-. 1501. I am requesting this Special Exception for property located at 1201 S. Broadwaya_Blggkc,�„1.11�i__jA�__. Address :Legal Description City of La Porte (X).Site Plan ( ) Minor -Development Site Plan ( ) Major Development Site Plan ( ) General Plan A Site Plan of the property is attached. Alsog I have listed the-.. information requested below on the following pages of this form.. . a) All fagta.concerning the matter that has led up"to this request. b) The -type of relief I am seeking (setbacks, lot coverage, etc.). c) The grounds upon which I am making this request.. If applicant is NOT the-owner,'he ID.;.;J vide Au riza n to act orr the Owner's •behalf: 1-3-02 Date Applicant's -S g ature- - Al Fairfield/Chairman-- 0 of. General •------------------------------------- Par.U=.._Chapaxra]..Group.,-Ina,---- --- - OFFICE USE ONLY Site Plan and Authorization (if applicable) attached? Yes ( ) No ( ) Date transmitted to the Board.of Adjustments: Meeting Date: Applicant Notified of Date: Board's Decision: Approved. ( ) Denied ( ) -Notice of Board Decision mailed to Applicant/Owner: J nlY-uG-GuuL WGU . u4 - u 1 f 1 l • I' nn nu. PAGE 2 A Special Exception is a deviation from the requirements of the . Zoning Ordinance. Before they grant a special exception, The Board of Adjustments must determine that the exception is not contrary to the best public interest and will not adversely affect the value or -use of adjoining property. , Special exceptions may be granted for the following items only:. (1) The reconstruction of or addition to a building occupied by a non -conforming -use. Additions cannot extend past the lot occupied by the original structure or use. The - reconstruction or use cannot prevent the property from returning to a conforming use. (2) Deviation of yard requirements under the following cir- cumstances: (a) Exceptions.t'o front yard requirements if front yard setbacks are not nlet on abutting pieces -of property. .(b) Exception to rear -yard setbacks if any -four (4) lots within a block do not meet setback requirements. (c)-Exceptions to.yard requirements on,corner lots. (d) Exceptions to front yard requirements if existing front yard setbacks on a block are not uniform. (3) Waiving or reduction of off street parking and loading requirements if the Board feels they are unnecessary for the proposed use of a -building or piece of property. Please remember It -is the Applicants responsiblity to prove that a Special Exception will meet the above.eonditions. If there is not adequate room on the remainder of this form to list all pertinent information,'please feel free to attach an additional letter or any information and exhibits you feel the Board should consider. FACTS RELEVANT TO THIS -MATTER: The land owner Plana .a Senior's Apaitment �roie�x,__ 7Che xexas..Aegazt�nent..n�._: Housin,&. and Coimnunitx Affairs hpL ^ppr�y_e�,;recid rs_,,,,�,_._ allows for more affo3(Ja��,e .x�al rates bad, n 1 R fn„r ,plea cu�e�st.©r3�•. es dential buildings.. These structures would'be congested and green space and re- creational amenities within the site would be -virtually eliminated by 25'.and 20' building setbacks and parking requirements. PAGE. 3 TYPE OF RELIEF BEING SOUGHT: The owner requests that the board recognize this hardship and allows: 1. One parking -space rper apartment; plus seventeenadditionalfor Club-^_ Y�`•- -•_ house and visitors:._..._w__._____ •....,__ _ —�_� _ __ _� r 2. Building setbacks of _20 'feet on -the -front. (along Broadway)and_10_feet - along _rK" street.' Oregon street, and alongthe_inside .property -lines - --�•w-_-- by wthe undeveloped .portions of "L." street and Texas Avenue. Open wstyle fending along the property lines!--��,----_--"---—___ THE, GROUNDS FOR THE REQUEST: The residents_ will have virtuallynogreen space to en�o lawns and lanjscaj?ing. They will not have the -planned warden areap.azebos�_ shuttleboarcl_court�_party w .P-AtioalkinLpath,_p_icnic area,2_21_ horseshoe grounds The walkways will lit _ eUaliy_be_touchingthe building_wth_no space_for _plantings _between_The build_. 3,X1$4_To?3�.1_.��_ oo -c1Q ��gggYl�e� g ,Rrovide any vrivacv or any—qp�n=ss luildings will be a firt- is. because af.the X_&19seess,_Theze-Y113_hg_x1 .tually._nQ wat�x_.ahSargzi.nu_.1-�^=„�-Q n��r1Y_tb�_;�nr,�,x� �ite_��Anx�in�AaY�.n,�.__. nr_to,UU atinnc_ Thin Wi3j_tax rbP_s ocoding are`dr, ge,,,_„FBncing-,aloII. tbp- huilAing 1iaea laiijj_al1nw nQ_1LSPah1P yards hAtw _ n •rhp bmildiags.:aad_.the- street- CED/1-187. • Staff Report January 24, 2002 Special Exception Request #SE02-001 Requested by: Mr. Al Fairfield representing La Porte.Venture LTD. Requested for: Reduction in the amount of required parking Location: Churchill Place Apts. 1201 S. Broadway, La Porte Blocks 1121, 1122, and lots 1, 2, 31, and 32 of Block 1160 Harris County I Hunter Abstract - 35 Zoning: General Commercial (G. C.) blocks 1121, 1122 Residential 3 (R-3) block 1160 lots.1, 2, 31,'and 32 Background: Churchill Place is a proposed apartment complex designed exclusively for the senior.population. (See Exhibit #A.). The project is proposed on 6.22 acres -and consists of two blocks (1121 and 1122) zoned G.C. and four lots from one block (1160) zoned R 3. Seventy-two (72) units are proposed in 18 quadraplex buildings. Eighteen (18) units contain one -bedroom and .54 units contain two- bedrooms. The property also has a clubhouse and 89 .parking spaces (84 and 5 ADA accessible). The overall density is 11.6 dwelling units per acre. On November 30; 2001, staff received a site plan for the development. On December 10, staff mailed and faxed written comments to the developer about items that needed to be addressed. A major issue involved parking. During review; staff used the following sections of the City's zoning ordinance: Section 106-333 - Almost 90 percent of the property is zoned General Commercial (GC) and the remainder is Residential 3 (R-3). Residential housing is an allowed use.in a GC zone. While the project is a quadraplex, it - exceeds the maximum of 10 dwelling units per acre to be considered as a quadraplex, as shown in Section 106-333 Table B. Using City ordinances, the project was determined -to be multi -family; therefore, staff applied the standards for R 3 to the project. Section 106-839 - Minimum parking requirements are based on the occupant's use.. Quadraplex use requires 2 spaces per unit. Using this formula, the project has 72 units x 2 (spaces per unit) = 144. City code also requires ADA accessible spaces, (101 to 150 spaces require 5 ADA spaces), for a total of 149 spaces. Because the projected exceeded. the maximum dwelling units per acre, quadraplex standards were not applicable. Multi family (or R-3) requires 1.5 spaces for one -bedroom units and 2.5 for two -bedroom units. The project has 18 one -bedroom units and 54 two- Board of Adjustment January 24, 2002 #SE 02-001 Page 2 bedroom units. Using the parking formula, 18 (1.5) + 54 (2.5) = 162 spaces. When the 6 ADA required spaces are added, the project requires 168 spaces. Using the City's parking standards, the submitted plans do ,not :meet. the requirements. Staff offered the following options to the applicant: • add additional land from Block 1160 to the proposed project and re- arrange the site layout to meet the parking standards; • reduce the number of two -bedroom units; or • submit a Special Exception Request to the Board of Adjustment to reduce the off-street parking requirement. Citing Section 106-191 B (3), the applicant is seeking a Special Exception to allow a reduction of the off-street parking from 168 to 89 spaces. The applicant proposes one parking space per apartment, plus seventeen additional for Clubhouse and visitors. Analysis: The Code of Ordinances defines a special exception as a specified enumerated deviation from zoning regulations The Board is empowered to grant a special exception when it frnds.the following.• ❖ Granting the exception will not adversely affect, the value, 'or use of neighboring property. ❖ Granting the exception will not be contrary to the best public interest. The applicant's request is based on Section 106-191 B (3), which states the following: To waive or reduce the off-street parking requirements when the board. finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies The proposed use is multi family; however, -the applicant has stated that the apartments will be developed solely for senior tenants: The applicant has placed a requirement that the units must be occupied by at least one person who is 55 years of age or older. Furthermore, no person under the age of 19 may reside in any unit for more than 60 days -of any calendar year. - As a result of these restrictions, the applicant contends that senior apartments are less intense than "regular" multi -family and require fewer parking spaces. On the special exception application, the owner noted that the Texas Department of Housing and Community Affairs approved the project as a development for tax credits, which allows for more affordable rental rates, Board of Adjustment January 24, 2002 #SE 02-001 Page 3 based upon 18 four-plex one-story residential buildings.' This binds him to the terms and limitations that he agreed to in his application with their agency. Finally, the owner stated that imposing multi -family parking requirements will -cause congestion and eliminate green, space .and recreational amenities. Staff recognizes that Churchill Place is a development. for the senior population; however, concerns arise over the use. As mandated by the Texas Department of Housing and Community Affairs, an "Extended Use Period" is required on all new construction projects that receive tax credits. This means the property can not be sold or the use changed for 40 years. Nonetheless, staff is concerned about action after the 40-year period ends. Without additional covenants/restrictions imposed on the property, it could revert to a "regular" multi -family use. If this happens, the building will not have adequate parking, and it could become a non -conforming structure. Staff researched several senior facilities to determine parking needs. Happy Harbor Senior apartments complex was built in the early 1980's. It consists of 48 one -bedroom units and three (3) two -bedroom units situated on more than one acre. This complex has approximately 47 spaces. According to the manager, 90% of the residents owns cars; parking can be a problem, especially on the weekend. In. Kemah, Lake Haven senior apartment complex has 144 units and 144 parking spaces situated on 16 acres. About 50% of the residents have cars; parking is not an issue. Conclusion: Based on the facts outlined in this .report, staff believes the request for a reduction in the off-street parking requirements should be granted with conditions included as part of the approval of #SE02-001. These conditions are necessary to ensure that granting a special exception under Section 106- 191 B (3) would not be contrary to the best public interest. ❖ Use the following method to calculate parking 72 units x 1.25. This yields 90 spaces plus 14 ADA spaces for a total of 1-04 spaces. ❖ Covenants/restrictions are assigned to the property only allowing the land and structure to be used as senior housing. ❖ Identification of the Special Exception information (permit number, date of passage and any conditions) is noted on the minor development site plan. This must be submitted to the city prior to approval and issuance of a building permit. Appeals: Asper Section 10 -196 of the Code of Ordinances of the City of La Porte: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or Board of Adjustment January 24, 2002 #SE 02-001 Page 4 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 veriflea4 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. W?,-V AW M4 .-IRA M, ww—am" 5z �s 1 1 yi . . . . . . . . . . . . . . . . . . . . . . . . . MISS � Df VS A somwa *ygy now v ,—. ta".- NOW N.', A. .I•L; ;•n . R -SIR II - , I I' I 'I i R I •1 G I I•' 1: ' I R SO 13�oc1� 1 >I2o s I i. I I I I I Is�ock , l i i i I 1. .: a s I. 1'' I I I. 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I I I I ':.:III '� I 'I , I - I „� I ^ I ■ I n I • 1 ■ I - N R0[ 00 AIRU F�7lEmEflEIOPJSHMER a THE SO RAM iYD TWIT tNS s1iC RNI CQIE9R16 m 1EM !'pIEEIENI9 sPF6m r • I � �- .r I I I I I I ' • I. • EpwD F� IEW IEO9g1INM?a 5" 625 es ACE[ TRACT IS zaNED NMil DEMIIY RESmFNTIAI `� , ---a----,F ---- ANO ALLOWS THE oLraDPMENr of NUL71-FA DE RE90ENRAL 1 . , -- -------+`y ` mIp DmD 2. ' All' BEARWGg SNDYm ] B n as pi ``� R w OAI • . NEAEON ARE BASED ON TEXAS STATE � C a � f � � a� � ,+F' • R 7M ny, • - ..+..:... ' a� • MAJOR DEVELCI�NT SITE PLAN FOR: „ram i/ PLANE COORDMNTEg .SOUR[ CD/B1Al ZONE U.S.C. t OS NORTH AMERICAN DATU4 OF 1927. - - ' . .. CHURCHILL OI CE APARTMENTS M711""E•" " ""E _ _ _ 1201 • SOU'ITH BROADWAY R REPORT ISSUED BT CNIr.Aco TIILF MVISIRANCE,'C�AAPltY, a Na va7.'o. ALI:1 arr , ._L i22,094 FfFECRVE OA T I+ TF' AI1GUSr 2B. 200,.--C-ZL�-�1.4_( _ $4 `' WITHIN BOUND of zoNE ->< I" ! a R a a a a 8 �_ — _es--- _ A MULTI —FAMILY (RESIDENTIAL DEVELOPMENT cARE,IB DETERMWED TO 9E OIRSIDE sOo-TEAR FtODOP1AIN1 AND I I I I I I I I' ( I I I "I I I "I I I" I I 11' I —T-1}� —I 6:265 ACRES ,(272.903 sQ.FT:) Nov a D mot I 8 ZONE )RAT AS OF �ooa A ►g st a a a J.T.HARRELL ,> URVEY, ABSTRACT 329 aY F>ADD YR� DEPTN9 aF LEss na11 , roDr oR I f I I I. '. I I I I I I i I I I I I I I I I I I I I I I I'" 'I " I I AREAS AREAS LEss THAN ONE soIMn MLLE ANa � CITY OF LA PORT],, WARRIS COUNTY, TEXAS AREAS PROTECTED 9r LEVEES FWOH 100-ym FLOOD..As PER TIIE I' I I I cl-- p �„� y I 'I I I I I el�ocK I t 1213 I I i I I ' FIA00 9ISURANCE RATE MAPS. MAP NUMBER •5201C094S,1 I I . 1 .BLOCK 11151 I I . = COMHUNIIY NUMBER �9S�B70WSJ. REVISED NOVEMBER A. 1990. 6. N.C.D.R nYp1wTES; NARRIS C:FM_ D® RECOR03 Nec.F. OWNER: DEVELOPER: FMRms COI1NiY aEmLL N.CMR worcATEs LA PORTS' VENTURE LTD 'I LUXURY LIVING CHAPARRAL GROUP NARRIS c U MAP BIM S-Ec LIRE: A PO E' V FREEWAY I •S.S.E 91OGTE5: SNIRARY SEAYER Ei15EYENi: S,M S.E. wO1CATEA' n6 6 m QRIEY 1MN nE'oIY FIAINWIC ANS LG1YM' DIIMss�Ell p 11E Ott p u BIRTHS lE2tvi NIS AR7lYED 1IEi sm•RIR 11113 • KATY FREEWAY sroRM SHYER EASEEIENF U.E. 91DND=T u1EJiT EASEMENT: AE lANDSCAPINC/SRF'rm ar7Ars �::M FOR OMEABL PUCE APAEIIEMIS N cD9aMIRa 7,RI RE u RSI1E awz r z HOUSTON, TEXAS 77A79 AERML�� P�EUNEMARK� HOUSTON, TEXAS 77079 0 ELEMOWE SN TOTAL DEVELOPMENT SITE AREA .272,903 S.F. 4 OWN HERE ARE BASED ON CRY a u PCR1E ROOFED AREA OVER IMPROVEMENTS A71ESF� SURVEY ER 0:5 NTATgN ! MAPPING PROGRAM . ;CITY ER /:37 63,ID0 S.F. • Ou NB-02 -OPEN AREA REMAINING AID zwx -SURVEYOR: - 209.803 S.F. ENGINEER: ■ ALd RECORD E�€/A. OF 12.96 FEET 1975 AD.NSTMENT. NCS SEA LEVEL DATUM OF 1929, A - . • 'MINIMUM LANDSCAPING AREA REOUIRED:.06 N 2D9.B0S 12.586 S.F. IS 10 L9'WRw D u FCII� TDus4 wB AFFRDEo 1115 9a RIR r. g . mill eT :;i • N 7. PARKING SPACES ACES , (6- OF OPEN AREA) Mo lwaFM:IR a DEBDIELrwE AFAllneas M ana9Mxa .9I TIE aEINAMC[S p >m OR p IA FORE' &"o ;M REWIAR SPACES FrNIl7r7Ar3r�IW engineersU! iwic Frs.ra. iFw - Waco - 1986 . 12121 vickcheeter IS, -Bite 20o - houstm, tau -77079 ' Sec. 106-333. Table B, residential area requirements. (a) 7bble B, residential area requirements. Maximum Lot Minimum Minimum Coverage/ Minimum Minimum. Yard Site Minimum Minimum Lot Lot Setbacks Area / Unit Deuelopment Landscaping Uses Area /D. U. Mdth L.F. F,RA Maximum S.F. Open Space / Required S.F. , L.F. Height• � 7 Unit �S.F."- Single-family detached 6000 50. 25-15-5 35 Ft. 9100 — 40%IN/A ' 4.8• DU/A Single-family large lot 43560 100 25-15-5 45 Ft. 43560 — 30WN4 n YO N o DU/A 0 Single-family special lot 4500 40' 20-10-0 35 Ft. 7300 Footnote 60%IN/A' z line, 0 lot line, 6.0 # 1 0 DU/A Duplexes 6000 60 20-10-5 45 Ft. 8.0 Footnote 609EJN/A • DU/A # 1 Single-family converted 6000 60, 20-10-5 35 Ft. N/A N/A 50WN/A to multifamily ,; • + Townhouses, 2000 •20 20-10-5' 45 Ft. 4400 Footnote 75%t6% _,quadraplax (10,000 BX 10.0 # 1 of site area 100 & wide) DWA Multiple -family 20000 100 25-20-20 45 Ft. 1600 200 60%/6% 4 " 27 DU/A i + - ® Manufactured housing g 4500 40 20-10-6 25 Ft. 7300 Footnote 609fa/6�i c 6.0 # 1 01, DU/A w § 106-839 LA.PORTE CODE Sec. 106-839. Number of spaces required. The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for and -during the life of the respective uses• hereinafter set forth. Such required parking shall. include the required number of handicapped parking spaces as regulated by the city building code, and the Southern Standard .Building Code. ' 'Uses (SIC Code) Single-family, attached or detached townhouses, duplexes, manufactured hous- ing, patio homes, modular housing and up to four unit multifamily Multifamily including condominiums Group care facilities Day care centers Recreational buildings, private clubs, com- munity centers Libraries, museums. Religious institutions, theaters, auditoriums Public or private educational, elementary, and junior high Senior high school Governmental and public utility buildings and office structures Colleges and technical institutes Number of Parking Spaces* 2 Required for.Each dwelling unit . 1 efficiency unit 1.5 1 bedroom 2.5 2 bedrooms 3 3 or more bedrooms 1 4 beds 1 staff. _member or employee 1 5 children 1 staff member 10 Minimum, Plus 1 ' 200 st in excess of 2,000 s.f. 1 1,000 st in excess of 2,000 s.f. 1 4.seats in assembly hall 1 20 students 1 staff member 1 4 students 1 staff member 1 300 s.f. of 1 1.5 students 1 staff member CD106:98 • 0 #V02-001. VARIANCE FOR CHURCHILL PLACE APTS. WAIVER FROM MULTI -FAMILY BUILDING SETBACKS EXHIBITS: APPLICATION FOR VARIANCE' STAFF REPORT EXHIBIT A — LOCATION MAP EXHIBIT B — SITE PLAN OF CHURCI-1ILL PLACE APTS EXHIBIT C — RESIDENTIAL AREA REQUIREMENTS — Sect. 106-333.. Table B J h1Y-UL-000L WCU U4 • U 1 n 1• r ttn 110 1, UU. CITY . OF LA TORTE • ZONING BOARD OF ADJUSTMENT V CIX� S REQUEST Env— ,a Application No_'. OFF_YCE USE_ORLY: Fqe:;�__ `$ �C)0' Date Received: / -_33--0 Z. Receipt No' COTE:. This Fee is Non -Refundable Regardless of the Board's Decision. --------------------------------------------------__�--�---.__ _........__--- Ap p 1 i e a n t • Al and Rae Fairfield Name 11123 Katy Freeway, Houston, TX 77679 PH: 713,4§§_ 1500 -_ �-Address I amm the owner of the herein described property. 1-have authorized -Chaparral Group, Inc.,�the'developer! to act on my behalf in this matter. Owner*.- La Porte^Venture, Ltd._�.�-_�^_ r-_— _ . Name . 11123'Katy Freeway; HoustoniTX_ 77079 PH' 7.13.-_A6.a=15nn Address., Y'am requesting a Special Exception t'o Seat. _ of the City Zoning Ordinance No. 1501. I am requesti.n.g-this Special Exception for property located at 1201, S,_Broadway.._B1ggkp .J; .112•}__116n Address Legal Description Cit of La Porte ___ (X) Site Plan ( ) Minor Development Site Plan. (.) Major Development Site Plan ( ) General Plan A Site.Plan of -the property is attached. Also, I have listed the information requested below on the following pages_of this form. a) All -facts concerning the matter that has led up to this request.' b) ' The type of relief Y am seeki.ng-(setbaoks, lot coverage, etc.). c) The grounds.upon.which I -am making this request.. It applicant is NOT the owner, he IlLUat vide.Au,t1wr1zaLt1Pn to act . orr the Owner's behalf. 1-3-02 Date- �. Applicant -is Sig ature- - Al Fairfield/Chairman--CEO of General ----------=----- ------•------.,---Partnex'.._.Chapazra.__Groins,-1no-------__- OFFICE USE ONLY, Site Plan-•and.Authorization (if applicable) attached? Yes (.) No ( ) Date transmitted to.' the Board of Adjustments: Meeting Date: ____.-y_,-__ Applicant Notified of Date: Board's Decision: Approved ( ) Denied (. ) Notice of Board Decision mailed to Applicant./Owner:--- PE drU1_UC_CUUC WCU U46UL rtt• rnn �� 1. U, PAGE 2 A Special Exception is a deviation from the requirements of the Zoning Ordinance. Before they grant a special exception, The Board of -Adjustments must determine that the exception is.not contrary to the best ' publ is Interest and will not. adversely . affect the valu.e ..or'. use of adjoining property. ' Special exceptions may be granted for the following items only: ('1) The reconstruction of or addition to a building occupied by a non -conforming use. Additions cannot extend past the lot occupied by the original structure or use.. The reconstruction or use cannot prevent the property from returningto a conforming use. (2) Deviation -of yard requirements.under the following cir- cumstances:. '. .(a) Exceptions to front yard requirements -if front yard setbacks a.re not stet on abutting pieces of property. (b) Exception to rear yard setbacks if any four (4) lots within a block do not -meet setback requirements. (c) Exceptions to yard requirements on :corner lots. (d) Exceptions to front yard requirements if'existing front yard setbacks on a block are not uniform. (3).Waiving or reduction of off street parking and loading. requirements if the Board feels they are unnecessary for the proposed use of a building or.piece of property. Please remember it is the -Applicant's responsiblity to prove that.a Special Exception will meet the above conditions. If there. is not adequate room on the reoiainder' of this -form to " list all pertinent information, please feel free to attach a.n additional letter.or any information and exhibits you feel the Board. should consider. FACTS RELEVART*TO THIS MATTER The land owner plans a Senior's Apartment _p"iecsZex41L pegarfima ,,, „_ Housink- and --CommunitXAff*}rs hii-$-Agp gyps(,, allows, -„-for more affo3�aii ,.�enta1_ rarga bAaed npnn 1 R f�nr ilex .cu►e,stor3�.resi� dential buildings.. These structures would be congested and green space and re- creational amenities within the site would be virtually eliminated by 25' and 20' building setbacks and parking requirements. PAGE 3 TYPE OF.RELXEF BEING SOUGHT: The owner requests that the board recognize -this hardship and allows: 1. One parking'space per apartment, plus seventeen additional for.'C]ub-. house and visitors. \ _ 2. Building rsetbacks of .20 feet on the �front �(along Broadway and 10 feet_ rW along "K" street, Oregon street, and alongthe inside.property , Property lines_,. -�� by the undeveloped portions, of "L" street pLnd Texas Avenue. 3. _Openwstyle fencing along the property lines .�__..._._.._�.___.______.._� THE GROUNDS FOR THE REQUEST: The -residents will have virtually no - green space to enjo►, lawns and 1andscaping�.' They will notwtiave the ,planned_ tearden areas, gazebos. shuttleboard court_party . ,patio, walking�,Eath,�_picnic arga,�_or horseshoe .Uodnds. The walkways will lit-- e=al,ly_bg_ touching_jhe building,.with_n9_soace_ for -plantings je.SKUz T he build. ga Vill_batoo c�ggg_�gggs3}e� �g_R�covide anv Privacy or any -oven-suace._�Th�,_- dui dings will be a fing hazard because of ththg r,_D2Q,senmss�, nr-fouuAatienc_ This will tax tIm-surrounclin.g area }++,i 1 di n a l i negygi 1 l al 1 nw nQ_ty4eahl e yards 'hPtwPPn 'rhgrhi3i l dii n,Dg `aad_the_strEet_ CED/1-187 • Staff Report. January 24, 2002 Variance Request WOM01 Requested by: Mr. Al Fairfield representing La Porte Venture LTD. Requested for: - Waiver from the City's multi -family building setbacks of 25'-201-20: Location: Churchill Place Apts. 1201 S. Broadway Blocks 1121, 1122, and lots 1, 2, 31, and 32 of Block 1160 Harris County I Hunter Abstract - 35 Zoning: General Commercial (G.C.) blocks 1121, 1122 Residential 3 (FL-3) block 1160 lots 1, 2, 31, and 32 Background: Churchill Place is a proposed apartment complex designed exclusively for the. senior population. (See Exhibit #A.) The project is proposed on 6.22 acres and consists of two blocks (1-121 and 1122) zoned G.C. and four lots from one block (1160) zoned- R-3. Seventy-two (72) units are proposed in 18 quadraplex buildings.. Eighteen (18) units contain one -bedroom and 54 units contain two- bedrooms. The property also has a clubhouse ' and 89 parking spaces (84 and 5 ADA accessible). The overall density is 11.6 dwelling units per acre. On November 30, 2001, staff received a site plan for the development. On December 10, staff mailed and faxed written comments to the -developer about items that needed to be addressed. A major issue involved building setbacks. During review, staff used the following sections of the City's. zoning ordinance: Section 106441 - Almost 90 percent of the property is zoned General Commercial (GC) and the remainder is Residential 3 (R-3). Residential housing is an allowed use in a GC zone. While the project is a quadraplex, it exceeds the maximum of 10 dwelling units per acre to be considered as a quadraplex, as shown in Section 106-333 Table B. After reviewing the City's regulations, the project was determined to be multi -family; therefore, staff applied the standards for R 3 to -the project. Section 106-333 Table B — Multifamily minimum setbacks are 25' on the front, 20' on the rear, and 20' on the sides. ' Using the City's setback standards; the submitted site plan does not meet the requirements. Staff offered the following options to the applicant: • re -arrange the building layout within the existing land area to comply with setback requirements; • add additional land from Block 1160 and re -arrange the proposed project, to meet the building setbacks; or Board of Adjustment January 24, 2002 #V 02-001 Page 2 • submit a variance to the Board. of Adjustment seeking relief from the multi -family building setbacks. Citing Section 106-192 B (2) b, the applicant is seeking a variance•from. .the required setbacks of 25'-20' 20'. He is requesting building setbacks of (20% 10'-10') 20' on the front (along Broadway)' and 10' along IC' Street, Oregon Street, and along the inside property lines by the undeveloped - portions of "I:' Street and Texas Avenue. The applicant requests that the Board recognize this hardship. ' On the variance application, the owner stated that the residents would not have green space to enjoy lawns and landscaping. Without relief, garden' areas, gazebos, - and other recreational areas I would. be eliminated. - Further, buildings would be too. close to provide any privacy or open space. The .buildings would be a fire hazard because of their closeness. Virtually no :water absorption would occur because the entire site will contain paving or fountains. This would tax the.surrounding area drainage. Currently, the City's ordinances and various adopted address the issues. raised by the applicant. Currently, the zoning ordinance requires a minimum of 6 percent of the property is landscaped. In terms of building proximity, the City must apply the adopted fire protection and life safety standards and must ensure that all buildings meet these standards prior to occupancy. Drainage issues can be resolved by designing shallow storm water detention into the parking lots to mitigate adverse affects. Analysis: Section 106-192 B(1), in the Code of Ordinances, defines a variance as deviation from the literal provisions of the chapter which is granted by the Board when strict conformity to the chapter would cause an unnecessary hardship because of the circumstances unique to the property on -which the variance is granted Except as otherwise - prohibited the board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met. ❖ That the granting of the variance will not be contrary to the best public interest. ❖ That literal enforcement - of the 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- Board of Adjustment January 24, 2002 #V 02-001 Page 3 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 ❖ That by granting the variance, the spirit of the chapter will be observed The Board must decide if the applicant's request to have building setbacks at 20'-10'-10' instead . of 25'-20'-20' per Section 106-333 Table 3 is reasonable. The Board is charged with deciding whether all of the above conditions have been met. The applicant'believes that imposing current setbacks will cause congestion and eliminate green space and recreational amenities. The applicant requests that the Board recognize this as a hardship. The applicant designed Churchill Place for the senior population; however, concerns arise over use. While measures are. in place to ensure that the property remains a senior facility for 40 years, after that period, the use could revert to "regular". multi -family use. If the setbacks (25'-20'-20') required by ordinance are not enforced, the complex could become a Non -conforming structure. Furthermore, staff does not have evidence proving that a "hardship" exists. No unique physical conditions exist on the applicant's property that preclude the project from complying with the City's setbacks. The applicant could incorporate the remainder of Block 1160 into the project to meet the City's building setbacks. The applicant has not filed a plat for this project; therefore, additional lots could be added without causing a re -plat. Conclusion: The applicant has not shown that circumstances unique to his property exist. Based on the facts outlined in this report, the conditions precedent to the granting of a variance do not exist. Appeals: Asper 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 q, ficer,' department, board or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by VTCA, Local Government Code Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, spec Eying 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. kk 1- _14.0 NOW�: v rYa _:w:tif�i�4 .. >;+Ati.�'• .. �.a .. � ., Af7 '� ��t`'-`�F}s:�i�`�i' � �� t�� .... ,'°'..s„ ..SS...-.� w.�t •�ii 1 w. a � F� . rr �tr.-x+rri� 1Yy'T'"'st i4$' �n .�' , ar— '„f a9 , F' I T oa•a, s ;t i I. 4r- �'+'e�4':c � .y,i�f."^"ht-1,; 'X"yr �: � `� J �1 r �'• -1 xi... 1 i'i ' 1 a > it t F—goal, `:Y" fit: i, i :.,Atl f. 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SCHURCHILLPLACE APA A;DYEPorr tWRTME N TS 210EjSOUTH 1261 BROADWAYZ_�_ WrN T•I_ -,ousDA MULTI -FAMILY RESIDENTIAL DEVELOPMENT' 6:265 'ACRES (272,903 SQ.FT:)(AREAS ofw of : ic�ri/•^, •:;-NOr„ V.. �•8• U -•2 0-01- WITHmum"N J.T.OF LA HARRELL : URVEY, ABSTRACT 329 AAO CITY FORTS, WARRIS COUNTY, TEXAS'AwPR 1E e�ocK1rz�>�"UMBER aR7;�,roa BL cK I11si I IR • s. N.e.oMA INDMATES NARR,S eouNn oEm RECORDS, N.e.C.P. - ' •OWNER: DEVELOPER: '""'� wwros CouNn aEmcs FAE Neux WdGTt3. LA PORTS' VENTURE LTD o- ""R"a eou►m' uAP REcroRDs: 9.L. aauwTEs: DIIRDIND UNE; - - - LUXURY LIVING CHAPARRAL GROUP ' • USE: : sAwdRr SEWER EtiSEMENF sTM .sd. INdCAl1ER - txa 6 m CIXa1' tN9 11E'rnr nAwala Aw male m1Ats9g1 011E pry oT u POEIE 1DKS 1Ws IU4InYED 2,6 511E RAN ' 11123 KATY FREEWAY . rKA SEWER EASEMENT: U.E 9mSUTES: utrurr EASEMENT; A.E. LANDSCAPING/SITE •POVERA017 ta, aASlau PyA2 ATNO1p15 a �r69aLAI¢ �„ u Pam mos aLWLa t I almNACE 1.1 123 . KATY FREEWAY ���� P"NE �"R1zN HOUSTON, TEXAS 77079 i; HOUSTON, TEXAS 77079 a EIEVAl10Ns SNOWY HERE ARE BASED OpI C„ t. or u PCR1E TOTAL DEVELOPMENT SITE• AREA .272,903 S.F. SURVEY MO,RIMENTATgN t MAPPING PROGRAM TIN - . . CITY MAKER 1:57 ROOFED AREA OVER IMPROVEMENTS �` A— 63,100 $ f. a �u - SURREY: KB-.2 .OPEN AREA REMAINING Aw u� . zo9.6D3 S.F. -SURVEYOR: ENGINEER: ■ AT..A RECORD ELLVATION OF 12-N FEET 1978 ADjUSTMW. NCS - VA LEVEL DATUM of 1929, - • - 'MINIMUM LANDSCAPING AREA REQUIRED: A6 x 209.603 12.588 S.F. s ro gym,' TMD �• aF u PaIR 1EUS No AW,aW9 tIe r / i'. g, mill er ::,� • n 7. PARIONO SPACES PROWOEp (6' OF OPEN AREA] ND aEt,1DPUD,t 0 OMIOEL PIIfE 1P/RI,ENIS a W1ii91AS A ,ON 1NE OAACESImWA25 011E-OTT aT u PaRC' A G neo w. aw NousLpypLN K r . N 'gnu.=:� engineers 3 . NANICAP -P .. «avmmSICK tx t6m �utYeY�N� aiaos•1988 . v . • aSFL1CR FLweB C[PWt1,lOrt : 12121 vkkohestar In. Suite 200 - hou bm. tm9.77079 ` Sec. 106-933. Table B; residential area requirements.. (a) 7hble B, residential area requirements.. Maximum Lot Minimum Minimum Coverage / Minimum Minimum • Yard Site Minimum 'Minimum Uses Lot Area/D.U.. Lot Setbacks Area / Unit Development. Landscaping Width L.F. F.R.S. Maximum S.F. Open Space/ Required . S.F. L.F. p. s... 6. e, �o Height ' Single-family detached 6000 50• 25-15-5 35 Ft. 9100 — 40%(N/A 4.8. DU/A Single-family large lot 43560 100 25-15-5 45 Ft. 43560 — 30'%(N/A d 1.0 N DU/A Single-family special lot 4500 , 40 20-10-0 35 Ft. 7300 Footnote• 60%(NIA' 0 a line, 0 lot line 6.0 # 1 G� DU/A Duplexes 6000 60. 20-10-5 45 Ft. 8.0 Footnote 6Q9WN/A DU/A # 1 Single-family converted 6000 50 20-10-5 35 Ft N/A N%A 50%IN/A to multif an l lie Townhouses, 2000 20 20-10-5.1 45 Ft. 4400 Footnote 75%t6%. ' ; ^quadralex (10,000 s.f 10.0 # 1 of site area 100 ft. wide) DU/A Multiple -family 20000 100 25-20-20 45 Ft. 1660 200 60%/6% ' 27 DU/A ... Manufactured housing 4500 40 20-10-5 25 Ft. 7300 Footnote +� f 609b/696 too 6.0 DU/A # 1 o to