PDF Packet

 ZONING BOARD OF ADJUSTMENTS
Meeting Date: 11/11/2014
Minutes from the July 8, 2014 meeting.
Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Nathan Dietrich, Planning and Development Services
1. a.
Information
ITEM
Consider approving the minutes for the Zoning Board of Adjustment meeting held on July 8, 2014.
PREFACE
The minutes of the Zoning Board of Adjustment meeting for July 8, 2014 are attached for your
review.
RECOMMENDATION
Staff recommends approval.
Attachments
Minutes
CITY OF BAYTOWN
PLANNING AND DEVELOPMENT SERVICES
MINUTES OF THE ZONING BOARD OF ADJUSTMENT SPECIAL MEETING
July 8, 2014
The Baytown Zoning Board of Adjustment met at 4:14 p.m. on Tuesday, July 8, 2014 in the Hullum
Conference Room at Baytown City Hall located at 2401 Market Street, Baytown, Texas.
Members Present:
Mike Wilson
Gilbert Santana
David Corder
Kathie Smith
Chairman
Member
Member
Member
Member(s) Not Present: Barbara Wooster
Member
Staff present:
Planning Director
Assistant Planning Director
Senior Planning Manager
Comprehensive Planner
Administrative Assistant
Tiffany Foster
Kevin Cummings
Nathan Dietrich
Harold Cheek
Nai Mongiello
CALL TO ORDER
Chairman Mike Wilson called the July 8, 2014, Zoning Board of Adjustment Special Meeting to
order at 4:14 p.m. with a quorum present.
1. MINUTES
a. Consider approving the minutes for the Zoning Board of Adjustment meeting held on
June 19, 2014.
A motion was made by Mr. Gilbert Santana to approve the minutes as written for the June 19,
2014, meeting of the Zoning Board of Adjustment, seconded by Ms. Kathie Smith. Motion
PASSED unanimously.
2. VARIANCES
a. Conduct a public hearing for a building expansion variance to Article I, Division 3,
Section 1.27 at 4555 Garth Road, legally described as Reserve A, Block 1 of the
Baytown Village Shopping Center, Harris County, Texas.
Chairman Mike Wilson opened and conducted the public hearing.
Director Tiffany Foster summarized by saying that the project to be considered by the Board
includes two types of variances for one address. The first one before the Board is to expand the
existing noncompliant structure by 16.4% and the second requested variance is to allow further
encroachment into the setback. The applicant’s intent is to build out onto an existing open patio
as part of the existing building and use the space, formerly occupied by Freebird’s, as two
separate lease spaces. The size of the expansion dictates the number of credits that need to be
completed, and in this particular proposal 3 additional credits will need to be completed.
Mr. Nathan Dietrich explained that the first variance request will require three credits to be
completed. The applicant has chosen to complete the following credits: (1) construct a sidewalk
along Garth Road from driveway line; (2) modify the exterior with matching paint and install a
masonry natural stone facade as well as; (3) extend the sidewalk along Garth from corner of
Manor and Garth North to the first driveway entrance to the shopping center. The expanded
space will be air conditioned space. In response to Chairman Wilson’s question about the
existing ditch along Garth Road, Nathan verified that the proposed sidewalk measuring 4.5 feet
wide will not interfere with the water flow in the ditch and will meet all City of Baytown
Ordinance requirements.
There being no one desiring to speak, Chairman Wilson closed the public hearing.
b. Consider a building expansion variance to Article I, Division 3, Section 1.27 of the
Unified Land Development Code for a proposed building addition to be located at 4555
Garth Road, Reserve A, Block 1 of the Baytown Village Shopping Center, Harris
County, Texas.
After discussion, Chairman Mike Wilson stated he believes that all seven criteria as stated in the
staff report have been met and the proposed credits have also been completed. Mr. Gilbert
Santana motioned to approve the variance request for expansion of the structure, seconded by
Mr. David Corder. Motion PASSED unanimously.
c. Conduct a public hearing for a variance to Article III, Division 1, Table 3.1 of the
Unified Land Development Code to decrease the required setback along Garth Road for
a proposed building addition to be located at 4555 Garth Road, legally described as
Reserve A, Block 1 of the Baytown Village Shopping Center, Harris County, Texas.
Chairman Mike Wilson opened and conducted the public hearing.
Director Tiffany Foster stated that this variance request also involves the construction build out
of the existing strip center (formally known as Freebirds). When the original building was
constructed it met the setbacks as dictated in the adopted codes at that time. However, since then
our codes have changed and the current building setback does not meet what the required
setbacks today. The variance request is to allow for the new addition to conform to the previous
structures setback of 13 feet, in order for the rear of the building to look uniform along Manor
Street. There are ten criteria to approve this variance; they are listed in the staff report.
With no one desiring to speak, Chairman Mike Wilson closed the public hearing.
Minutes of the July 8, 2014 Zoning Board of Adjustment Special Meeting
d. Consider a variance to Article III, Division 1, Table 3.1 of the Unified Land
Development Code to decrease the required setback along Garth Road for a proposed
building addition to be located at 4555 Garth Road, legally described as Reserve A,
Block 1 of the Baytown Village Shopping Center, Harris County, Texas.
Director Tiffany Foster restated that this variance request involves the expansion of an existing
non-compliant structure; the proposed setback will match the current encroachment. Mr. David
Corder asked if the line of the back of the building will be uniform. Mr. Nathan Dietrich
explained that the back of the buildings along manor will be a uniform.
Mr. Gilbert Santana stated that he agreed with staff’s responses to the ten criteria, and that
criteria for the variance had been met and he motioned to approve the request for the variance for
the setback, seconded by Ms. Kathie Smith. Motion PASSED unanimously.
3. DIRECTOR’S REPORT
Director Tiffany Foster stated that she has nothing to report at this time.
4. ADJOURN
With no further business before the Board, Ms. Kathie Smith motioned to adjourn the meeting at
4:34 p.m., seconded by Mr. David Corder. Motion PASSED unanimously.
Minutes of the July 8, 2014 Zoning Board of Adjustment Special Meeting
ZONING BOARD OF ADJUSTMENTS
Meeting Date: 11/11/2014
Public Hearing: Variance Request for Goose Creek Landing - Setback Reduction
Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Shelly Shelton, Planning and Development Services
2. a.
Information
ITEM
Conduct a public hearing for a variance from Section 3.11 c (2) of the Unified Land Development
Code to reduce the required front yard setback from 25 feet to 20 feet for attached garages on all
proposed cul de sac lots in Goose Creek Landing, a proposed residential development located at the
northwest corner of Garth Road and Wallisville Road, legally described as Tract 2J-1, T. Patching
Survey, Abstract No. 620, Harris County, Texas.
PREFACE
The City received a zoning variance request to reduce the required front yard setback for attached
garages from 25 feet to 20 feet for all proposed cul-de-sac lots. Castlerock Communities is
proposing the development of approximately 368 single-family residences in the Goose Creek
Landing Development in Baytown. The applicant submitted a general land plan for the site and a
preliminary plat for the first phase, which consists of 84 lots. The submissions were approved by the
Planning and Zoning Commission on October 21, 2014. Of the proposed single-family development, approximately 50 residences will be located on
cul-de-sac lots. Cul-de-sac lots are of an irregular shape (pie shaped) compared to traditional lots
(shaped like a rectangular) so it is not always possible to meet the same regulations and
requirements without adding square footage to the lot. Staff researched the developer's library of
models to see if an existing floor plan could meet the requirements of the ULDC. Staff found one
model, Palisade 2106, which will fit on the cul-de-sac lots. Further, it is staff’s opinion that
enlarging the square footage of the cul-de-sac lots or developing additional floor plans to
accommodate the setback is possible. Also, this may add to the character and aesthetic appeal of the
neighborhood by providing various lot sizes and floor plans.
In order for the Board to grant the requested variance, the Board will need to find that the
same meets the ten variance criteria as stated in Section 1.29 of the ULDC.
The application, supporting documents and staff report are attached for your review.
RECOMMENDATION
Attachments
Attachments
Application and Supporting Docs
Applicant Exhibits
Map
Staff Report
Zoning Board of Adjustment Applicant’s Statement – Goose Creek Landing
October 16, 2014
On behalf of our client, CastleRock Communities, we are requesting a variance from Sec. 3.11 (c)
(2) of the Baytown ULDC to reduce the front facing garage setback from 25’ to 20’ on all radial
lots fronting a cul-de-sac in the Goose Creek Landing subdivision. The subject property is zoned
SF2 and is currently vacant; however a plat of Goose Creek Landing Section 1 and a General Plan
for the entire subdivision are in the process of being approved by the Planning & Zoning
Commission.
Granting this variance will allow our client to be competitive in the local market and develop the
land efficiently without compromising the purpose and intent of the ULDC.
1. Ensures the same general level of land use compatibility as the otherwise applicable standards;
Granting the variance will ensure the same level of land use compatibility because the reduced
front facing garage setback will only apply to radial lots fronting a cul-de-sac. Garages setback 25’
from the 50’ right-of-way will be at least 100’ apart from the garages across the street; garages
setback 20’ from the cul-de-sac will be at least 140’ apart from the garages across the street, thus
their placement will have no negative impact on the aesthetic of the neighborhood.
2. Is not a hardship of the applicant's own making;
The additional right-of-way required for cul-de-sac turnarounds and the 25’ front facing garage
setback creates a hardship because the buildable lot area is greatly reduced. Meeting both
regulations either demands an inefficient land plan or a smaller building footprint when compared
to other homes in the neighborhood. Overall, the quality of development is lowered, which is
contrary to the City’s goals and vision statement.
3. Does not adversely affect adjacent land uses and the physical character of uses in the
neighborhood in which the exception is sought because of inadequate buffering, screening,
setbacks and other land use considerations;
The adjacent land uses and physical character of uses in the neighborhood are not adversely
affected by granting this variance request. The 20’ garage setback allows for adequate on-site
parking in the driveway and the visual character of the neighborhood remains the same.
4. Does not adversely affect property values of adjacent properties in any material way and will
improve the property value of the property for which the exception is sought. (Did the applicant
demonstrate that the structure has historically provided a facility in the neighborhood or
otherwise improves the overall neighborhood);
If the variance is not granted, smaller homes of lesser value would be constructed on the cul-desac lots, thus decreasing the median value of homes in the entire neighborhood. Furthermore, in
other Texas municipalities which allow reduced building lines on cul-de-sacs, no evidence suggests
that property values have been negatively impacted.
5. Furthers the goals and vision of the city as set forth in the comprehensive plan, the vision
statement, and an applicable neighborhood plan or redevelopment plan adopted by the city
council;
Granting the variance furthers the goals and vision of the city by allowing for the efficient use of
land (see no. 2) and by being prepared for and amenable to new development.
6. Is generally consistent with the purposes and intent of the ULDC
A reduced setback on radial lots is consistent with the purposes and intent of the ULDC as the
visual aesthetic of the neighborhood remains the same and adequate on-site parking in the
driveway is provided for each home.
7. Is needed as special circumstances exist that are peculiar to the land or structure that are not
applicable to other land or structures in the same district and are not merely financial;
Goose Creek Landing is the first subdivision seeking approval under the new ULDC regulations.
This requirement is not applicable to undeveloped lots in already platted subdivisions within the
same zoning district.
8. Is necessary as literal interpretation and enforcement of the terms and provisions of the
dimensional standards would deprive the applicant of rights commonly enjoyed by landowners in
the same district and would cause an unnecessary and undue hardship;
The literal enforcement of the terms and provisions of the dimensional standards would require
an increased lot depth for radial lots fronting a cul-de-sac and result in an inefficient land plan and
a reduced building footprint. Other landowners in the same district are not required to meet the
new ULDC regulations if they are already platted.
9. Is the minimum action that will make possible the use of the land or structure which is not
contrary to the public interest and which would carry out the spirit of the ULDC and would result
in substantial justice; and
Granting the variance is the minimum action that will make possible the use of the land that is
consistent with the City’s goals and vision (efficient land use, friendly to new development), will
carry out the spirit of the ULDC (adequate on-site parking, wide street section, visual aesthetic),
and will result in substantial justice (competitive in Baytown’s market – most single family
residential is SF2 and already platted).
10. Will bring the existing and proposed structure closer to compliance with the ULDC or will
otherwise improve or enhance public health, safety or welfare.
Granting the variance will improve the overall welfare of the community and the neighborhood by
fostering new development and a competitive market in the SF2 Zoning District.
Zoning Variance - Front Yard Attached Garage
Setback from 25 feet to 20 feet for all Culdesac fronting lots.
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Zoning Variance Property
Zoning District Designations
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Staff Report to the Zoning Board of Adjustment
Meeting of November 11, 2014, Goose Creek Landing
Development
Requested Action: A variance from Sec. 3.11 (c) (2) of the Baytown Unified Land
Development Code (ULDC), to reduce the front facing garage setback
from 25 feet to 20 feet on all radial lots fronting a cul-de-sac
Applicant:
Chris Patterson, RVi Planning
Owner:
Castlerock Communities
Subject Property:
The subject property is located at the northwest corner of Wallisville Road
and Garth Road and legally described as Tract 2J-1, T. Patching Survey,
Abstract No. 620, Harris County, Texas.
Current Parcel Information:
Zoning:
Mixed residential at low to medium
densities (SF2)
Current Use: Vacant/Undeveloped
Proposed Use: Single-Family Development
North:
Vacant/Undeveloped
West:
Vacant/Undeveloped
East:
Garth Road
South:
Wallisville Road
The following data may be used to summarize the case and to address the conditions in the
code:
a. Castlerock Communities proposes the development of approximately 368 singlefamily residences in the Goose Creek Landing Development.
b. The ULDC requires a minimum distance of a front setback to be 25 feet to the
entrance of a front loading garage.
c. The applicant submitted a general land plan and a preliminary plat for the first phase,
which consists of 84 lots, with the knowledge of the ULDC requirements. Both plans
were approved by the Planning and Zoning Commission on October 21, 2014.
d. Of the proposed single-family development, approximately 50 residences will be
located on cul-de-sac lots. The configuration/shape of cul-de-sac lots are different
from a regular lot as one side of the property is shorter due to the radii of the cul-desac. To comply with the setbacks, additional land can be allocated to those lots or a
different building plan can be developed to meet the front yard setback for front
loading garages.
This variance request is to reduce the minimum setback for front loading garages. In order for
the Board of Adjustment to make an affirmative finding and approval for the requested variance,
the following 10 criteria need to be met. Staff’s responses to each of these criteria are as
follows:
1) Ensures the same general level of land use compatibility as the otherwise applicable
standards;
The proposed development is located on newly annexed land within the city, which is
currently vacant and zoned for single-family residential development.
The
development of housing is compatible with the surrounding area as there is a large
residential subdivision to the south and another new subdivision to the west.
2) Is not a hardship of the applicant's own making;
Since this is a greenfield development, the hardship is self-imposed. The cul-de-sac
lots can be adjusted or a home plan can be developed to fit on the lots as those were
the lot sizes applied for by the applicant and approved by the Planning Commission.
3) Does not adversely affect adjacent land uses and the physical character of uses in
the neighborhood in which the exception is sought because of inadequate buffering,
screening, setbacks and other land use considerations;
The adjacent uses may not be negatively impacted; however the physical character
of the neighborhood will not be enhanced by crowding homes on lots which are not
large enough to accommodate the floor plan. In addition, size of the home is
important since the ordinance calls out maximum coverage of 60% lot for lots in SF2.
4) Does not adversely affect property values of adjacent properties in any material way
and will improve the property value of the property for which the exception is sought.
(Did the applicant demonstrate that the structure has historically provided a facility in
the neighborhood or otherwise improves the overall neighborhood);
It is staff’s opinion that enlarging the square footage of the cu-de-sac lots to
accommodate the setback would positively affect property values. Also, the required
space may add to the character and aesthetic appeal of the neighborhood by
providing various lot sizes and floor plans.
5) Furthers the goals and vision of the city as set forth in the comprehensive plan, the
vision statement, and an applicable neighborhood plan or redevelopment plan
adopted by the city council;
The variance request does not further the goal and vision of the comprehensive
plan, however providing for additional housing in Baytown does. More specifically
the plan states that Baytown needs more mid-level and high-end housing
development ($100,000 and up) to meet market demand and make the city a more
attractive living option.
6) Is generally consistent with the purposes and intent of this ULDC;
No, granting a variance to the front yard setback for front loading garages will not
meet the intent of the ULDC since it was the intent of the ordinance to ensure that
the perceived emphasis of the home was supposed to be the home and not the
garage structure.
7) Is needed as special circumstances exist that are peculiar to the land or structure
that are not applicable to other land or structures in the same district and are not
merely financial;
The variance is not necessary since the cul-de-sac lots could be reconfigured to
accommodate other floor plans. Cul-de-sac lots are of an irregular shape (pie
shaped) compared to traditional lots (shaped like a rectangular) so it is not always
possible to meet the same regulations and requirements without adding square
footage to the lot. After researching existing floor plans, staff found that Castlerock
home plan (Palisade 2106) seems to show that it is possible to meet the required
front yard setback and still build within the remaining building envelope.
8) Is necessary as literal interpretation and enforcement of the terms and provisions of
the dimensional standards would deprive the applicant of rights commonly enjoyed
by landowners in the same district and would cause an unnecessary and undue
hardship;
No. The literal interpretation and implementation of the ordinance does not cause an
undue hardship. The developers could prepare more construction plans to meet
current setback requirements on the cul-de-sac lots or the developers/owners may
have to increase the size of the cul-de-sac lots in the subdivision to adhere to the
code.
9) Is the minimum action that will make possible the use of the land or structure which
is not contrary to the public interest and which would carry out the spirit of this ULDC
and would result in substantial justice; and
No, the minimum action would not make this property or land unusable and by not
providing this variance would still allow for the development of this property. The
City wants single family subdivisions with facades that do not emphasize garage
doors, but the home.
10) Will bring the existing and proposed structure closer into compliance with the zoning
regulations of this ULDC, or will otherwise improve or enhance public health, safety
or welfare.
No, granting a variance will increase the chance that off street parking will encroach
into the right of way, further disrupting pedestrian connectivity on the street. Staff
does not believe this request will improve or enhance the public health, safety or
bring the development in closer compliance with the ULDC.
Public Notification:
Notices mailed to property owners within 300 feet and printed in the Baytown Sun on October
31, 2014. Notices posted online and at the City Posting on October 31, 2014.
ZONING BOARD OF ADJUSTMENTS
Meeting Date: 11/11/2014
Consider - Variance Request for Goose Creek Landing- Setback Reduction
Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Shelly Shelton, Planning and Development Services
2. b.
Information
ITEM
Consider a variance from Section 3.11 c (2) of the Unified Land Development Code to reduce the
required front yard setback from 25 feet to 20 feet for attached garages on all proposed cul de sac
lots in Goose Creek Landing, a proposed residential development located at the northwest corner of
Garth Road and Wallisville Road, legally described as Tract 2J-1, T. Patching Survey, Abstract No.
620, Harris County, Texas.
PREFACE
The City received a zoning variance request to reduce the required front yard setback for attached
garages from 25 feet to 20 feet for all proposed cul-de-sac lots. Castlerock Communities is
proposing the development of approximately 368 single-family residences in the Goose Creek
Landing Development in Baytown. The applicant submitted a general land plan for the site and a
preliminary plat for the first phase, which consists of 84 lots. The submissions were approved by the
Planning and Zoning Commission on October 21, 2014. Of the proposed single-family development, approximately 50 residences will be located on
cul-de-sac lots. Cul-de-sac lots are of an irregular shape (pie shaped) compared to traditional lots
(shaped like a rectangular) so it is not always possible to meet the same regulations and
requirements without adding square footage to the lot. Staff researched the developer's library of
models to see if an existing floor plan could meet the requirements of the ULDC. Staff found one
model, Palisade 2106, which will fit on the cul-de-sac lots. Further, it is staff’s opinion that
enlarging the square footage of the cul-de-sac lots or developing additional floor plans to
accommodate the setback is possible. Also, this may add to the character and aesthetic appeal of the
neighborhood by providing various lot sizes and floor plans.
In order for the Board to grant the requested variance, the Board will need to find that the same
meets the ten variance criteria as stated in Section 1.29 of the ULDC
The application, supporting documents and staff report are attached under the previous public
hearing item.
RECOMMENDATION
ZONING BOARD OF ADJUSTMENTS
Meeting Date: 11/11/2014
Public Hearing: Variance Request 1600 North Alexander - Ward Road Driveway
Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Shelly Shelton, Planning and Development Services
2. c.
Information
ITEM
Conduct a public hearing for a variance from Section 3.02 (b) of the Unified Land Development
Code to allow a roll-over curb within a portion of the 20-foot drive aisle setback from Ward Road
and to reduce the distance of a drive aisle from Ward Road for the property locally described as
1600 N. Alexander Road, and legally described as Tract 4N of the W. Britton Survey Abstract No.
118, Harris County, Texas.
PREFACE
The City received a request for a variance from Division 1 "Property Development Standards,"
Section 3.02 "Setbacks," Subsection (b) of the Unified Land Development Code to allow a roll-over
curb within a portion of the 20-foot drive aisle setback from Ward Road and to reduce the distance
of a drive aisle from Ward Road.
The applicant is proposing to build an addition onto the existing store building, which requires
compliance with the ULDC requirements due to the increased size and intensity of the property's
use. The 20 foot setback for drive aisles and separation of entrances under the ULDC is intended to
provide a safer entry and exit to the property. In this case, there are medians along both Ward Road
and Alexander Drive, effectively creating Right In/Right Out drive aisles at each entry. Because of
this, and the current layout and orientation of the existing parking area, the strict enforcement of the
standard would not create any safety improvement and actually renders portions of the parking area
useless.
The applicant agrees to remove the Ward Road entrance closest to the intersection, and plans to
provide a 12 foot rollover curb to visually separate the vehicle maneuvering space. The two
Alexander Drive entries will be unaltered to maintain the existing internal circulation pattern already
established at this property.
In order for the Board to grant the requested variance, the Board will need to find that the same
meets the ten variance criteria as stated in Section 1.29 of the ULDC.
The application, supporting documents and staff report are attached for your review.
RECOMMENDATION
Attachments
Application and Supporting Docs
Site Plan
Map
Staff Report
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NSC (Neighborhood Serving Commercial)
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MF1 (Med. Density Mixed Res.)
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The City of B aytown Texas
n o wa rranty, re pre se ntation , or guarant ee
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reg ard ing the accu racy of this map. Th is m ap is in tend ed fo r display
purposes only an d doe s not replace o fficial record ed do cumen ts.
SF1 (Low Density Single-Fam. Res.)
SF2 (Mixed Res. Low/Med. Density)
SFE (Single-Fam. Estate)
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2014-07-09
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Zoning District Designations
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Zoning Variance Property
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300' Notification Area
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825
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Staff Report to the Zoning Board of Adjustment
Meeting of November 11, 2014 1600 Alexander Drive
Requested Action: A variance to allow turning movements within the first 20 feet of the
property lines on North Alexander Drive and Ward Road.
Applicant:
Morgan Myers
Owner:
Mr. RosanalySatani
Subject Property:
Property located 1600 N. Alexander Drive, Harris County, Texas.
Current Parcel Information:
Zoning:
Use:
North:
West:
East:
South:
Mixed Use (MU)
Retail
Kroger parking lot
North Alexander
Commercial
Ward Road
The following data may be used to summarize the case and to address the conditions in the
code:
a. The existing location is being redeveloped to expand the existing retail to
accommodate a donut shop.
b. The new ULDC requires no turning movements within the first 20 feet of the property
lines, on collectors or arterials Sec 3.02 (b), to prevent conflicts with stacking of
vehicles upon entrance to the property.
c. No parking stalls are located within the first 20 feet from any of the existing right-ofway, however the drive aisles could be considered the means of egress and ingress
to the property.
d. The existing driveways (two on each street) do not meet the minimum distance
requirement for intersection spacing... The applicant has agreed to close one of the
access points on Ward Road. Both Alexander Drive and Ward Road have elevated
medians which necessitates right in and right out turn only. The closing of
driveway’s is not a part of this request, however is important in determining where
these requested variances for drive aisles will be in place..
This variance request is to allow turning movements within the first 20 feet of the property lines
along areas of ingress and egress to an arterial or collector. In order for the Board of
Adjustment to make an affirmative finding and approval for the requested variance, the following
10 criteria need to be met. Staff’s responses to each of these criteria are as follows:
1) Ensures the same general level of land use compatibility as the otherwise applicable
standards;
The same land use will be continued at this site, however it will be more intensive.
Compatibility is consistent with areas within a commercial corridor.
2) Is not a hardship of the applicant's own making;
The hardship is specifically related to the size and configuration of the property and
not of the applicants own making. Technically, these “turning areas” could be
installed on site but realistically, would not make sense due to the current layout and
size. Specifically relating to the area along Alexander, there exists a site drive aisle
which is currently used immediately adjacent to Alexander. If we placed these 20
foot barriers along these entrances this would completely impede movement from
one side of the property to the other. The reason for this is also due to the layout
and location of the existing pump stations. Along Ward it is also difficult to enforce
this requirement since existing drive aisles are already in place, due to the property’s
current layout.
3) Does not adversely affect adjacent land uses and the physical character of uses in
the neighborhood in which the exception is sought because of inadequate buffering,
screening, setbacks and other land use considerations;
The adjacent land uses and physical character of adjacent properties will not be
adversely impacted by the request since access to any neighboring property cannot
be done from this property.
4) Does not adversely affect property values of adjacent properties in any material way
and will improve the property value of the property for which the exception is sought.
(Did the applicant demonstrate that the structure has historically provided a facility in
the neighborhood or otherwise improves the overall neighborhood);
The updating and redevelopment of the location will provide a positive impact to the
surrounding area since the proposed updates will upgrade the structure, improve the
paving and add needed landscaping. These current code requirements do not make
sense for an already existing property with established drive aisles.
5) Furthers the goals and vision of the city as set forth in the comprehensive plan, the
vision statement, and an applicable neighborhood plan or redevelopment plan
adopted by the city council;
The redevelopment of the property meets the goals and vision of the City by
complying with the development standards and recognizing the fundamental
importance of its diverse districts including that of this commercial corridor. These
current updates do not make sense for an already existing property with established
drive aisles.
6) Is generally consistent with the purposes and intent of this ULDC;
Generally, this project is consistent with the purposes and intent of the ULDC and
meets the majority of all Development Standards, including but not limited to
reducing the impervious surface on the property. The owner/applicant is giving a
new architectural look to the building using articulation and site design for a better
overall look for the City.
7) Is needed as special circumstances exist that are peculiar to the land or structure
that are not applicable to other land or structures in the same district and are not
merely financial;
The special circumstances of the property are the location, configuration and size of
the property. Since the applicant’s business is expanding to stay competitive the
restrictions for access to the property are limiting. The applicant has already
provided a reduction in the number of driveways to the property which ultimately
helps and impacts this situation more than these setbacks or “turning movements”
would. It is staff’s opinion that the 20-foot restriction for turning movement be
reduced as proposed.
8) Is necessary as literal interpretation and enforcement of the terms and provisions of
the dimensional standards would deprive the applicant of rights commonly enjoyed
by landowners in the same district and would cause an unnecessary and undue
hardship;
The literal interpretation and implementation of the ordinance to restrict these areas
and disallow turning movements will render the space along the west side of the
property as “useless” due to the existing configuration and location of the canopy and
gas pumps.
9) Is the minimum action that will make possible the use of the land or structure which
is not contrary to the public interest and which would carry out the spirit of this ULDC
and would result in substantial justice; and
Allowing the minimum action is not contrary to the public interest in this case, since
adequate movement on the street side is available and the intent of the ordinance
which requires the spacing is still preserved.
10) Will bring the existing and proposed structure closer into compliance with the zoning
regulations of this ULDC, or will otherwise improve or enhance public health, safety
or welfare.
Yes, the overall improvements the owner proposes, including but not limited to, the
removal of ingress/egress points to the site, additional landscaping, updating and
redevelopment to the building façade and architectural elements bring the site closer
to compliance and are improvements the City would like to see.
Public Notification:
Notices mailed to property owners within 300 feet and printed in the newspaper Baytown Sun
on October 31st, 2014. Notices posted online and at the City Posting on October 31st, 2014.
ZONING BOARD OF ADJUSTMENTS
Meeting Date: 11/11/2014
Consider - Variance Request For North Alexander Road - Ward Road Driveway
Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Shelly Shelton, Planning and Development Services
2. d.
Information
ITEM
Consider a variance from Section 3.02 (b) of the Unified Land Development Code to allow a
roll-over curb within a portion of the 20-foot drive aisle setback from Ward Road and to reduce the
distance of a drive aisle from Ward Road for the property locally described as 1600 N. Alexander
Road, and legally described as Tract 4N of the W. Britton Survey Abstract No. 118, Harris County,
Texas.
PREFACE
The City received a request for a variance from Division 1 "Property Development Standards,"
Section 3.02 "Setbacks," Subsection (b) of the Unified Land Development Code to allow a roll-over
curb within a portion of the 20-foot drive aisle setback from Ward Road and to reduce the distance
of a drive aisle from Ward Road.
The applicant is proposing to build an addition onto the existing store building, which requires
compliance with the ULDC requirements due to the increased size and intensity of the property's
use. The 20 foot setback for drive aisles and separation of entrances under the ULDC is intended to
provide a safer entry and exit to the property. In this case, there are medians along both Ward Road
and Alexander Drive, effectively creating Right In/Right Out drive aisles at each entry. Because of
this, and the current layout and orientation of the existing parking area, the strict enforcement of the
standard would not create any safety improvement and actually renders portions of the parking area
useless.
The applicant agrees to remove the Ward Road entrance closest to the intersection, and plans to
provide a 12 foot rollover curb to visually separate the vehicle maneuvering space. The two
Alexander Drive entries will be unaltered to maintain the existing internal circulation pattern already
established at this property.
In order for the Board to grant the requested variance, the Board will need to find that the same
meets the ten variance criteria as stated in Section 1.29 of the ULDC.
All supporting documentation is attached to the previous public hearing item.
RECOMMENDATION
ZONING BOARD OF ADJUSTMENTS
2. e.
Meeting Date: 11/11/2014
Public Hearing: Variance Request for 1600 North Alexander - North Alexander Driveway
Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Nathan Dietrich, Planning and Development Services
Information
ITEM
Conduct a public hearing for a variance from Section 3.02 (b) of the Unified Land Development
Code to allow a roll-over curb within a portion of the 20-foot drive aisle setback from N. Alexander
Drive and to reduce the distance of a drive aisle from N. Alexander Drive for the property locally
described as 1600 N. Alexander Road, and legally described as Tract 4N of the W. Britton Survey
Abstract No. 118, Harris County, Texas.
PREFACE
The City received a request for a variance from Division 1 "Property Development Standards,"
Section 3.02 "Setbacks," Subsection (b) of the Unified Land Development Code to allow a roll-over
curb within a portion of the 20-foot drive aisle setback from N. Alexander Drive and to reduce the
distance of a drive aisle from N. Alexander Drive.
The applicant is proposing to build an addition onto the existing store building, which requires
compliance with the ULDC requirements due to the increased size and intensity of the property's
use. The 20 foot setback for drive aisles and separation of entrances under the ULDC is intended to
provide a safer entry and exit to the property. In this case, there are medians along both Ward Road
and Alexander Drive, effectively creating Right In/Right Out drive aisles at each entry. Because of
this, and the current layout and orientation of the existing parking area, the strict enforcement of the
standard would not create any safety improvement and actually renders portions of the parking area
useless.
The applicant agrees to remove the Ward Road entrance closest to the intersection, and plans to
provide a 12 foot rollover curb to visually separate the vehicle maneuvering space. The two
Alexander Drive entries will be unaltered to maintain the existing internal circulation pattern already
established at this property.
In order for the Board to grant the requested variance, the Board will need to find that the same
meets the ten variance criteria as stated in Section 1.29 of the ULDC.
Please refer to item 2 (c) for application, supporting documentation and staff report for your review.
RECOMMENDATION
ZONING BOARD OF ADJUSTMENTS
Meeting Date: 11/11/2014
Consider - Zoning Variance for 1600 North Alexander- North Alexander Driveway
Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Nathan Dietrich, Planning and Development Services
2. f.
Information
ITEM
Consider a variance from Section 3.02 (b) of the Unified Land Development Code to allow a
roll-over curb within a portion of the 20-foot drive aisle setback from N. Alexander Drive and to
reduce the distance of a drive aisle from N. Alexander Drive for the property locally described as
1600 N. Alexander Road, and legally described as Tract 4N of the W. Britton Survey Abstract No.
118, Harris County, Texas.
PREFACE
The City received a request for a variance from Division 1 "Property Development Standards,"
Section 3.02 "Setbacks," Subsection (b) of the Unified Land Development Code to allow a roll-over
curb within a portion of the 20-foot drive aisle setback from N. Alexander Drive and to reduce the
distance of a drive aisle from N. Alexander Drive.
The applicant is proposing to build an addition onto the existing store building, which requires
compliance with the ULDC requirements due to the increased size and intensity of the property's
use. The 20 foot setback for drive aisles and separation of entrances under the ULDC is intended to
provide a safer entry and exit to the property. In this case, there are medians along both Ward Road
and Alexander Drive, effectively creating Right In/Right Out drive aisles at each entry. Because of
this, and the current layout and orientation of the existing parking area, the strict enforcement of the
standard would not create any safety improvement and actually renders portions of the parking area
useless.
The applicant agrees to remove the Ward Road entrance closest to the intersection, and plans to
provide a 12 foot rollover curb to visually separate the vehicle maneuvering space. The two
Alexander Drive entries will be unaltered to maintain the existing internal circulation pattern already
established at this property.
In order for the Board to grant the requested variance, the Board will need to find that the same
meets the ten variance criteria as stated in Section 1.29 of the ULDC.
All supporting documentation is attached to the previous public hearing item.
RECOMMENDATION