Minutes November 11, 2014
Transcription
Minutes November 11, 2014
CITY OF BAYTOWN PLANNING AND DEVELOPMENT SERVICES MINUTES OF THE ZONING BOARD OF ADJUSTMENTS MEETING November 11, 2014 The Baytown Zoning Board of Adjustment met at 4:15 p.m. on Tuesday November 11, 2014 in the Council Chambers at Baytown City Hall located at 2401 Market Street, Baytown, Texas. Members Present: Gilbert Santana David Corder Kathie Smith Barbara Wooster Acting Chairman Member Member Member Member(s) Not Present: Mike Wilson Chairman Staff present: Planning Director Assistant Planning Director Senior Planning Manager Planner II Comprehensive Planner Assistant City Attorney Administrative Assistant Tiffany Foster Kevin Cummings Nathan Dietrich Shelly Shelton Harold Cheek Karen Horner Nai Mongiello CALL TO ORDER Acting Chairman Gilbert Santana called the November 11, 2014, Zoning Board of Adjustment Meeting to order at 4:15 p.m. with a quorum present. 1. MINUTES a. Consider approving the minutes for the Zoning Board of Adjustment meeting held on July 8, 2014. A motion was made by Ms. Kathie Smith to approve the minutes as written for the July 8, 2014, meeting of the Zoning Board of Adjustment, seconded by Mr. David Corder. Motion PASSED unanimously. 2. VARIANCES a. 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. Chairman Gilbert Santana read the procedures for public hearings and stated that the procedures would apply to all public hearings on the agenda then he opened and conducted the public hearing. Ms. Tiffany Foster summarized by saying that the project to be considered by the Board involves a recently-annexed property owned by CastleRock Communities and the applicant’s intent is to develop 368 single-family residential lots in four phases. The variance requested is to allow a setback of 20 feet as opposed to 25 feet for attached garages in irregular shaped cul de sac lots. Mr. Chris Patterson, representing the applicant RVi Planning, stated that although the item to be considered for the variance request encompasses all 50 lots in cul de sacs in the development, it will only apply to 12 irregular shaped lots. He explained that due to pad depth on lots in cul de sacs, specifically the lots on the “bulb”, it is common for builders to encounter this issue. He also stated that the distance from garage door to garage door will be 140 feet in the bulb of the cul de sac as opposed to 100 feet on the straight section of the street. He also noted the proposed project will address the need for additional mid-level and high-end housing in Baytown, number five on the list of criteria in the staff report. Ms. Barbara Wooster asked what the typical square footage and selling price is expected in the proposed development. Mr. Chris Patterson said that, although he does not represent the builder, the typical residence will be one story, on a 50 X 100 or 60 X 120 foot lot and approximately 2,000 to 2,500 square feet; the selling price is estimated from the upper $100,000 to $280,000. Mr. David Corder asked how many cul de sacs are in the development. Mr. Chris Patterson answered 11 cul de sacs with 12 irregular shaped lots. Ms. Kathie Smith asked if the builder had a floor plan that would fit on the irregular shaped lots. Mr. Chris Patterson stated that builders prefer to have the flexibility to place any of their products on any lot. Mr. Gilbert Santana asked for the reasoning behind the configuration, or “knuckle”, of some of the streets. Mr. Chris Patterson stated that the design is standard. Mr. David Corder stated that it seems to him that the design allows for wider driving lanes. With no one else desiring to speak, Mr. Gilbert Santana closed the public hearing. b. 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. Ms. Tiffany Foster summarized the item. Mr. Gilbert Santana, referring to Mr. Chris Patterson’s comment that the garages in the cul de sac would be 140 feet as opposed to 100 feet apart, asked if the setting the distance from garage to garage was the intent of the setback ordinance. Director Tiffany Foster explained that the intent Minutes of the November 11, 2014 Zoning Board of Adjustments Meeting is for the envelope of the house to be the most prominent feature as opposed to the garage being the most prominent feature; houses with prominently-featured garages are commonly referred to as “snout houses”. Mr. David Corder expressed his concern for residents parking across the sidewalks. Ms. Barbara Wooster asked if there are any other neighborhoods in Baytown that have been built to the 25 foot setback standard. Ms. Tiffany Foster stated that this is the first project to be developed since the adoption of the ULDC; existing neighborhoods built prior to adoption of the ULDC have a 15 foot setback requirement. Mr. Nathan Dietrich stated that other cities have allowances for cul de sac setbacks and asked Mr. Chris Patterson if there would be deed restrictions specifying garage parking. Mr. Chris Patterson stated that although the deed restrictions have not been drafted, it is the intent to require garage parking. Ms. Tiffany Foster asked Mr. Chris Patterson if the drainage area is set, will it be piped through the area indicated on the map and will that be the amenity. Mr. Chris Patterson stated that the area to which she is referring will be an open channel to the outfall. The amenity will be a trail around the detention/water feature in the center of the development. The Board discussed the criteria in the staff report with the following results: 1. Agreed with staff that the development is compatible. 2. Agreed with staff that the hardship is self-imposed; the builder has products in other developments that would fit the space of the cul de sac lots and comply with the 25 foot setback. 3. Agreed with staff the physical character of the neighborhood would not be enhanced. Ms. Tiffany Foster explained that 40% of the lot must be dedicated to green space; the residence’s footprint must be no more than 60%. 4. Agreed with staff that enlarging the lot size of the cul de sac lots would positively affect property values. 5. Agreed with staff in that the variance would not further the goal of the comprehensive plan but would provide needed housing. 6. Agreed with staff that granting the variance would not meet the intent of the ULDC. Ms. Barbara Wooster added that parking on a cul de sac is a common problem and the shorter setback and driveway would exacerbate the problem. 7. Agreed with staff that the variance is not necessary due to special circumstances. Mr. Gilbert Santana stated that the land is vacant and there are no peculiarities on the land. Ms. Tiffany Foster stated that if it has been determined that the most appropriate place for the outfall is the area indicated on the map, that could be a work around. Mr. Nathan Dietrich stated that the home model Palisade 2106 is a home model built by CastleRock in other locations; it is not necessarily one that is planned for this development. Mr. Gilbert Santana noted that the builder has products that would fit on the irregular shaped lots; they simply would be limited to which product they placed on those lots. 8. Agreed with staff that the ordinance does not cause undue hardship. 9. Agreed with staff that not providing this variance would still allow development of the property. 10. Agreed with staff that off street parking will encroach into the right of way. Mr. Gilbert Santana asked if all ten criteria must be met to grant the requested zoning variance. Ms. Tiffany Foster said yes. Mr. Gilbert Santana stated that unless the Board feels that all ten Minutes of the November 11, 2014 Zoning Board of Adjustments Meeting criteria are met, the Board cannot grant this variance request; he then called for a motion. Ms. Barbara Wooster motioned to deny the request for a variance, seconded by Mr. David Corder. Motion PASSED unanimously. c. 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. Mr. Nathan Dietrich stated that at this location there are two similar situations to consider and staff chose to address them separately as the Board may reach a different conclusion on each situation. The first item to consider is an entrance off of Ward Road. The ordinance states that a drive aisle of a minimum of 20 feet must be maintained from the entrance of the property line to the property; the applicant is requesting a variance to reduce this. The property is zoned Mixed Use (MU) with an impervious surface of 90%; they existed at 96% but have agreed to remove existing concrete to increase the pervious area to 10% as required for this parcel. They have also agreed to remove an existing driveway on Ward Road for public safety. Staff recommends that the distance from the property line to the property be reduced from 20 feet to 12 feet, which will allow for one-car stacking. The reason this is before the Board is to build this new proposed vision to the existing gas station; this significant change brought forth all of the ULDC requirements. Mr. Morgan Myers stated that he is amenable to closing the driveway on Ward Road and remove existing concrete to increase the pervious area to meet the required 10% for this parcel. He prefers a six foot gap between the proposed landscape area and the parking by the building but if 12 feet is required, he will make it work. Mr. Kevin Cummings asked if the roll over curb would allow fuel trucks to enter and exit the facility. Mr. Morgan Myers stated that yes, that is the intent as well as to discourage passenger cars from driving in that area. With no one else desiring to speak, Mr. Gilbert Santana closed the public hearing. d. 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. Mr. Nathan Dietrich summarized the item adding that by reducing the width of the drive aisle and providing the six foot roll over curb they would meet the intent of the ULDC as it will facilitate circulation. Staff recommends that the distance from the property line to the property be reduced from 20 feet to 12 feet, including a six foot barrier and a six foot roll over curb, which will allow for one-car stacking. Mr. Gilbert Santana stated that he felt that all ten criteria in the staff report had been met; the Board agreed. Minutes of the November 11, 2014 Zoning Board of Adjustments Meeting Ms. Tiffany Foster noted that staff would like for the removal of the driveway on Ward Road and the additional landscaping to be included in the approval should the Board approve the request; the applicant has agreed to these stipulations. Mr. David Corder motioned to approve the variance request with the conditions that the applicant close the driveway on Ward Road that is closest to the intersection of Alexander and Ward Road and remove existing concrete to increase the pervious area to meet the required 10% needed for this parcel, seconded by Ms. Barbara Wooster. Motion PASSED unanimously. e. 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. Ms. Tiffany Foster stated that this is the same request as the last item except it is along the Alexander Drive side of the property. All the same conditions apply, the applicant is not changing the existing canopy and if the applicant adhered to the strict rules of the ULDC, it would interfere with the internal circulation within the property. Staff recommends approval of the request with all of the conditions as before. Mr. Nathan Dietrich stated that this request is to reduce to one foot as opposed to twelve. Mr. Morgan Myers declined to speak. f. 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. Ms. Kathie Smith motioned to approve the variance request with the conditions that the applicant close the driveway on Ward Road that is closest to the intersection of Alexander and Ward Road and remove existing concrete to increase the pervious area to meet the required 10% needed for this parcel, seconded by Ms. Barbara Wooster. Motion PASSED unanimously. 3. DIRECTOR’S REPORT Ms. Tiffany Foster stated that she has nothing to report. Mr. David Corder asked Ms. Tiffany Foster when the ULDC Committee will meet to make revisions. Ms. Tiffany Foster replied that several revisions have been made to the ULDC since last April when it was put in place. Sixteen items have been identified by staff and the Planning and Zoning Committee to change and amend the Code. The next big item that will be reviewed is the Uses and Definitions; we will be doing clean up in that section. The Code was well written but in application, there have been challenges that we are working through. 4. ADJOURN Minutes of the November 11, 2014 Zoning Board of Adjustments Meeting With no more business before the Board, Ms. Barbara Wooster motioned to adjourn, seconded by Kathie Smith. Motion PASSED unanimously. Meeting adjourned at 6:05 p.m. Minutes of the November 11, 2014 Zoning Board of Adjustments Meeting