ZONING BOARD OF ADJUSTMENT TUESDAY, MAY 10, :00 P.M. HULLUM CONFERENCE ROOM BAYTOWN CITY HALL 2401 MARKET STREET BAYTOWN, TEXAS AGENDA

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1 CITY OF BAYTOWN NOTICE OF MEETING ZONING BOARD OF ADJUSTMENT TUESDAY, MAY 10, :00 P.M. HULLUM CONFERENCE ROOM BAYTOWN CITY HALL 2401 MARKET STREET BAYTOWN, TEXAS AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM 1. MINUTES a. Consider approving the meeting minutes of the December 8, 2015, Zoning Board of Adjustment meeting. 2. VARIANCES a. Conduct a public hearing concerning a variance for reduced front, street-side, and rear building setbacks in a Mixed Use zoning district for new construction on an existing slab located at 920 N. Main Street, which is located on the southeast corner of North Main Street and East Fayle Street. b. Consider authorizing a variance for reduced front, street-side and rear building setbacks in a Mixed Use Zoning District for new construction on an existing slab located at 920 N. Main Street, which is located on the southeast corner of North Main Street and East Fayle Street. 3. BUSINESS ITEMS a. Consider the election of a Chairperson and a Vice-Chairperson of the Board of Adjustment in accordance with Section of the Code of Ordinances, Baytown, Texas. 4. DIRECTOR'S REPORT

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3 ZONING BOARD OF ADJUSTMENTS 1. a. Meeting Date: 05/10/2016 Minutes - December 8, 2015 meeting. Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Nathan Dietrich, Planning and Development Services Information ITEM Consider approving the meeting minutes of the December 8, 2015, Zoning Board of Adjustment meeting. PREFACE The minutes of the Zoning Board of Adjustment meeting held on December 8, 2015, are attached for your review. RECOMMENDATION Staff recommends approval. Minutes Attachments 1

4 CITY OF BAYTOWN MINUTES OF THE ZONING BOARD OF ADJUSTMENT MEETING Tuesday, December 8, 2015 The Baytown Zoning Board of Adjustment met at 4:00 p.m. on Tuesday December 8, 2015 in the Council Chamber located at 2401 Market Street, Baytown, Texas. CALL TO ORDER Members Present: Mike Wilson Chairman Gilbert Santana Member David Corder Member Kathie Smith Member Barbara Wooster Member Staff present: Tiffany Foster Planning Director Nathan Dietrich Senior Planning Manager Shelly Shelton Planner II Harold Cheek Comprehensive Planner Karen Horner Assistant City Attorney Nai Mongiello Planning Technician Chairman Mike Wilson called the December 8, 2015, Zoning Board of Adjustment Meeting to order at 4:00 p.m. with a quorum present. 1. MINUTES PLANNING AND DEVELOPMENT SERVICES a. Consider approving the minutes for the Zoning Board of Adjustment meeting held on November 10, A motion was made by Mr. Gilbert Santana to approve the minutes as written for the November 10, 2015, meeting of the Zoning Board of Adjustment, seconded by Ms. Kathie Smith. Motion PASSED unanimously. 2. VARIANCES a. Conduct a public hearing concerning a variance for approximately 9.36 acres, generally located at the northwest corner of Hunt Road and Garth Road, from Article III "Design and Compatibility Standards," Division 1 "Property Development Standards," Table 3-1 "Lot coverage" to allow for the increased impervious coverage for a property to be increased from 75% to 85% in the General Commercial zoning district, in order to allow for the development of a strip center. Chairman Wilson read the procedures for public hearings. Mr. Nathan Dietrich summarized the item adding that the capacity of the regional detention is sufficient for the additional impervious surface. Mr. Gilbert Santana asked if the 75% maximum lot coverage is in the code and if it applies to all GC. Ms. 2

5 Tiffany Foster answered yes. Mr. Santana asked for clarification on the sub regional drainage plan. Mr. Dietrich explained that the detention pond has sufficient capacity to handle the runoff from the subject property, including the additional impervious surface, and that the runoff will drain to the pond through a drainage easement. Chairman Wilson closed the public hearing. b. Consider authorizing a variance for approximately 9.36 acres, generally located at the northwest corner of Hunt Road and Garth Road from Article III. Design and Compatibility Standards Division 1, Property Development Standards, Table 3-1 to allow for the increased impervious coverage for a property to be increased from 75% to 85% in the General Commercial zone, in order to allow for the development of a strip center. Chairman Wilson reviewed each of the ten criteria and stated that he thought that the conditions had been met. He then asked if the Board had any questions. Dr. David Corder asked if each of the developers contributes financially to regional detention plans. Ms. Foster answered yes; they all contribute. In this case it is one developer which makes it easier. She added that other developers may utilize the detention pond if it can be proved that there is adequate capacity. Ms. Barbara Wooster motioned to approve the requested variance allowing for the amount of impervious surface to be increased from 75% to 85% for this development, seconded by Mr. Santana. Motion PASSED unanimously. 3. DIRECTOR S REPORT Ms. Foster thanked the Board for their service and asked if it would be acceptable for them to receive the agendas via only. All board members stated that delivery of the agendas would be sufficient. 4. ADJOURN Ms. Barbara Wooster motioned to adjourn, seconded by Mr. Santana. Motion PASSED unanimously. Meeting adjourned at 4:25 p.m. Minutes of the December 8, 2015 Zoning Board of Adjustment Meeting 3

6 ZONING BOARD OF ADJUSTMENTS 2. a. Meeting Date: 05/10/2016 Public Hearing: Variance Request for 920 North Main Street Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Nathan Dietrich, Planning and Development Services Information ITEM Conduct a public hearing concerning a variance for reduced front, street-side, and rear building setbacks in a Mixed Use zoning district for new construction on an existing slab located at 920 N. Main Street, which is located on the southeast corner of North Main Street and East Fayle Street. PREFACE This is a public hearing concerning a variance for reduced setbacks in order to construct an additional building to expand an existing business. The purpose of the request is for the expansion of a business which involves construction of a new building on an existing foundation - in the setback. The re-use of the existing foundation is feasible according to the applicant's engineer and would be logical to utilize something existing vs. having to rebuild. In addition to being in the setback, the foundation is several feet above grade and has been in place for the last 40 years in its current configuration. Since the foundation is elevated, steps are needed to access the building and these are located even further into the setback but again are existing. The applicant is requesting a variance from the setbacks in Table 3-1 Property Development Standards for a structure in a Mixed Use (MU) zoning district, but needs to meet Light Industrial setbacks due to the imposition of a use condition. The proposed use for this structure will be the assembling and fabricating of the Thermal pipe covers. Using the existing foundation at this location means the proposed building will encroach approximately thirty (30) feet into the front setback (which include the front steps), twenty three and one half (23.5) feet into the street side setback and twenty (20) feet (the whole thing) into the rear setback. Staff requested the Engineering Department to review the situation at the intersection to ensure that overall safety would be maintained. A copy of that analysis is included in the attachments. In summary, the intersection seems to meet all current roadway design guidelines except for current visibility sight lines at the north-west corner where the building would be located. It is worthwhile to state that this intersection is controlled with traffic signals for north-south and east-west traffic. In order for the Board to grant the variance request, the Board must find that it meets the ten (10) variance criteria as stated in Section 1.29 of the ULDC. 4

7 The application, supporting documents and staff report are attached for your review. RECOMMENDATION This is a public hearing. Attachments Applications and Supporting Documentation Vicinity Map Notice Area Map Traffic Analysis Staff Report 5

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12 Carnes Engineering, Inc IH 10 East, Baytown, TX Physical P.O. Box 668, Mont Belvieu, TX Correspondence Voice (281) Fax (281) March 9, 2016 City of Baytown Board of Adjustment ZONING VARIANCE REQUEST Re: 920 North Main Street Baytown, TX To Whom It May Concern: Applicant s Statement Mr. Olivares request that setbacks along North Main and East Fayle be reduced to allow reconstruction of burned out building on an existing slab. ULDC Article III Division 1 Table 3-1 Property standards setbacks. Side street setback is 10 ft. and front setback is 15 ft. The standards allow 90 % coverage of the available property. The owner owns multiple lots here which will be replatted to increase the lot size and comply with the 90 % lot coverage requirement and will make parking available. The existing zoning district is Mixed Use and a zoning change is not requested. The current property use is commercial warehouse for the production on insulated blankets for industrial use. The building after burning was partially built back on the south end and the north end was not replaced. This request is to allow replacement of the entire building footprint. He will be rebuilding a metal building with office space and current zoning will remain. The foundation has been inspected and has the structural integrity to support the proposed metal building. It will also be the owners desire to keep the elevated steps that provide access from North Main. 1. Ensures the same general level of land use compatibility as the otherwise applicable standards; The site is located within a commercial mixed use zoning district and the building will remain consistent with the ULDC. 2. is not a hardship of the applicant's own making; The current configuration of the structures on the property include a dock height foundation with a metal building on the south side of the foundation and the north side vacant due to a fire in The property is bounded on the east by a railroad right of way, North Main Street to the West and East Fayle to the North. The owner originally purchased the property and existing building to operate his business. (The adopted codes of April 13, 2013 enacted new requirements for building setbacks from street side to a minimum 10. The original building was built in the 1980 s and burned in ) 10

13 Olivares - Zoning Variance Request 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 replacement of the building on the existing foundation will not encroach any further into the setback than what already existed. The land use will not change. The building will not have any adverse effects on the adjacent land uses. We are also proposing to add signage to indicate oncoming traffic. 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 proposed new building on the existing foundation will not only improve the property value of the existing facility, but will increase the appearance of the neighborhood and other area businesses. This will enhance the overall appeal and look of the site. The construction of the building will be more in line with the overall intent of the ULDC and City Ordinances. 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 proposed new building we will comply with all of the proposed improvements meet the goals and vision of the City of Baytown. The improved facility will greatly improve the neighborhood especially with compliance with masonry and landscaping requirement required with a building permit. The owner proposes to improve existing sidewalks and install landscaping suitable to the city s requirements. 6. Is generally consistent with the purposes and intent of the ULDC; The re-building will meet all current building codes and will utilize all masonry construction on the exterior facades. The new building will meet the City of Baytown use requirements for commercial zoning as well as all parking requirements. 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; As stated before the building was built in the late 1980 s and then burned down. The existing slab became non-compliant when the new codes were adopted. The new setback requirement would prevent us from building. Consulting Design & Inspection 11

14 Olivares - Zoning Variance Request 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 existing slab was constructed under the previously adopted code, and currently is located 10 from the property line along North Main and 1.5 from the property line along East Fayle. The elevated steps that provide access from N.Main are located 5 ft from the property line and are being requested to be left in place to access the building from N.Main.The property is unusable in its current condition. 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 All other aspects of the existing slab meet the intention and spirit of the ULDC. The only exception is the required building setbacks along North Main and East Fayle. The required variance is the minimum and only action required to build the new building. 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. The proposed new building will meet all current building codes with the exception of the building setbacks along North Main and East Fayle Street. The proposed building will meet the City of Baytown s use requirements for mixed use commercial zoning as well as current parking requirements. Sincerely, D. Spencer Carnes, P. E. Texas Licensed Engineer #46041 Firm#3737 4/7/16 Consulting Design & Inspection 12

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16 µ Variance Request Encroachment into setbacks Location: 920 N Main st FAY LE MAI N 1S T LEGEND HU NN ICU TT sde.sde.ha... Parcels SS IH 10 IH FM SH FM 0 From GC to MF3 SH Subject Property 1ST Document Path: G:\Maps_By_Baytown\Planning Staff\Main_St_N_930_ \1_Main_St_N_930_ _Locator_Map.mxd The City of Baytown Texas makes no warranty, representation, or guarantee regarding the accuracy of this map. This map is intended for display purposes only and does not replace official recorded documents. 1 inch = 63 feet Date

17 HU NN ICU TT MAI N FAY LE ST From GC 905 to MF HUN NIC 109 UTT Properties to be notified sde.sde.ha... Parcels City Limited Annexation Area ' Property Selection Zone Document Path: G:\Maps_By_Baytown\Planning Staff\Main_St_N_930_ \1_Main_St_N_930_ _Locator_Map.mxd 207 SS IH 10 IH FM SH FM Subject Property SH 99 2 LEGEND ND COM MER CE 910 Location: 920 N Main st ADO UE Variance Request Encroachment into setbacks µ FER GUS ON S T COMMERCE The City of Baytown Texas makes no warranty, representation, or guarantee regarding the accuracy of this map. This map is intended for display purposes only and does not replace official recorded documents. 1 inch = 125 feet Date

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19 Staff Report to the Zoning Board of Adjustment Meeting of May 10, 2016 Requested Action: Applicant: Owner: Variance from Table 3-1 Property Development Standards of the Unified Land Development Code. The proposed variance is a request to expand an existing business called Universal Thermal Covers (pipe covers) by allowing them to construct a building within the Mixed Use district setbacks. The building setbacks are thirty five (35) feet in the front, twenty-five (25) feet for street side and twenty (20) feet for rear. This proposed structure will encroach thirty (30) feet into the front setback, twenty three and one half (23.5) feet into the street side setback and twenty (20) feet into the rear setback. Carnes Engineering, Inc. Pascual Olivares Subject Property: 920 N. Main, and legally described as Tracts 10 and 11 and 13, 14 and 15, Block 77, Goose Creek, Harris County, Texas. Parcel Information: Zoning: Use: Mixed Use (MU) Thermal Cover Production Surrounding Properties Information: North: West: East: South: Fayle Avenue right-of-way. North Main Street right-of-way. Railroad right-of-way (MU). Vacant (MU). The following information is being provided for the Board of Adjustment (Board) to use in its discussion and decision making process: The purpose of the request is for the expansion of a business which involves construction of a new building on an existing foundation - in the setback. The re-use of the existing foundation is feasible according to the applicant's engineer and would be logical to utilize something existing vs. having to rebuild. In addition to being in the setback, the foundation is several feet above grade and has been in place for the last 40 years in its current configuration. Since the foundation is elevated, steps are needed to access the building and these are located even further into the setback but again are existing. The applicant is requesting a variance from the setbacks in Table 3-1 Property Development Standards for a structure in a Mixed Use (MU) zoning district, but needs to meet Light Industrial setbacks due to the imposition of a use condition. The proposed use for this structure will be the assembling and fabricating of the 17

20 Thermal pipe covers. Using the existing foundation at this location means the proposed building will encroach approximately thirty (30) feet into the front setback (which include the front steps), twenty three and one half (23.5) feet into the street side setback and twenty (20) feet (the whole thing) into the rear setback. In order to approve an application for a variance, the Board of Adjustment shall make an affirmative finding that the following criteria are met: 1. Ensures the same general level of land use compatibility as the otherwise applicable standards; The same general level of land use is being proposed. The new building will be an expansion of the current commercial business and used in a similar fashion and all work will be performed inside their respective buildings. 2. Is not a hardship of the applicant's own making; This foundation exists and was not built by the property owner. The owner would like to take advantage of the foundation as a viable resource and re-use it. When the existing foundation was designed and built, the current setbacks were not in place. All existing structures in this area are also built in close proximity to the road. This is very evident when travelling along N. Main. 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 construction of this new building will have limited impact on the adjacent land uses as adjacent uses surrounding are other commercial or light manufacturing uses. The physical character of the neighborhood will be impacted in a positive way by this new development. The area is aging and this is one of the first revitalization projects in the immediate area that has been proposed. The construction of a new building and the expansion of growing businesses may help to initiate reinvestment and revitalization to the area. 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; It s not likely that the construction of a new building will adversely affect surrounding property values as new development usually has the opposite effect. Allowing the owner to utilize an existing foundation, may help generate interest in an area that could benefit from reinvestment. 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; This variance will further one of the primary goals of economic development- retain existing businesses-by allowing for this existing company to expand in Baytown rather than relocating to a surrounding community. This new construction will increase the tax base of the City. 18

21 6. Is generally consistent with the purposes and intent of this chapter; It is the function of the ULDC to promote the public health and welfare, safe, orderly, and economically stable development. While it is a goal of the City to attract new investment it is also a goal to retain existing businesses and accommodate their needs which includes the means to grow and expand. To that end, applying some flexibility to the code when appropriate is what the variance process allows, when the intent and spirit of the ordinance will be met. 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; There are special circumstances since this is an existing foundation. To leave the foundation unoccupied or to demolish it since it encroaches setbacks does not achieve the goals and vision of the City. 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; Literal interpretation of the ordinance would deny this owner opportunity to re-use a resource available to him. To exemplify resource management best practices, as a city, we can encourage efficient use of assets by permitting retention and re-use of existing viable materials, buildings, foundations, people, etc. when possible, especially if a little elasticity to the code can be provided. 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 chapter and would result in substantial justice; Removal of the slab portions that encroach into the setbacks to accommodate this redevelopment could make this project economically not feasible, however would bring the building into compliance. 10. Will bring the existing and proposed structure closer into compliance with this chapter or will otherwise improve or enhance public health, safety or welfare. Compliance with current codes for the proposed structure will not be accomplished, however; other economic benefits will present themselves without affecting the public health, safety or welfare. The existing foundation will not become more compliant but the noncompliance will not increase. The welfare of the general public depends on a healthy economy which can be accomplished by allowing local businesses to flourish in Baytown. Recognizing that due to the close proximity of the elevated slab to the intersection staff requested Engineering to conduct an analysis of the how this situation would interact with the controlled intersection and visibility along N. Main and Fayle. Recommendations suggest that minimum requirements meet design guidelines but it has been noted that there are certain risks that come along with this existing site design (please see attached analysis). Public Notification: Posted on the City s website and message board and mailed to the 19

22 ZONING BOARD OF ADJUSTMENTS 2. b. Meeting Date: 05/10/2016 Consideration - Variance Request for 920 North Main Street Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Nathan Dietrich, Planning and Development Services Information ITEM Consider authorizing a variance for reduced front, street-side and rear building setbacks in a Mixed Use Zoning District for new construction on an existing slab located at 920 N. Main Street, which is located on the southeast corner of North Main Street and East Fayle Street. PREFACE This consideration item concerns a variance for reduced setbacks in order to construct an additional building in order to expand an existing business. The purpose of the request is for the expansion of a business which involves construction of a new building on an existing foundation - in the setback. The re-use of the existing foundation is feasible according to the applicant's engineer and would be logical to utilize something existing vs. having to rebuild. In addition to being in the setback, the foundation is several feet above grade and has been in place for the last 40 years in its current configuration. Since the foundation is elevated, steps are needed to access the building and these are located even further into the setback but again are existing. The applicant is requesting a variance from the setbacks in Table 3-1 Property Development Standards for a structure in a Mixed Use (MU) zoning district, but needs to meet Light Industrial setbacks due to the imposition of a use condition. The proposed use for this structure will be the assembling and fabricating of the Thermal pipe covers. Using the existing foundation at this location means the proposed building will encroach approximately thirty (30) feet into the front setback (which include the front steps), twenty three and one half (23.5) feet into the street side setback and twenty (20) feet (the whole thing) into the rear setback. Staff requested the Engineering Department to review the situation at the intersection to ensure that overall safety would be maintained. A copy of that analysis is included in the attachments. In summary, the intersection seems to meet all current roadway design guidelines except for current visibility sight lines at the north-west corner where the building would be located. It is worthwhile to state that this intersection is controlled with traffic signals for north-south and east-west traffic. In order for the Board to grant the requested variance, the Board must find that it meets the ten (10) variance criteria as stated in Section 1.29 of the ULDC. 20

23 The application, supporting documents, and staff report are attached under the previous public hearing item for your review. RECOMMENDATION 21

24 ZONING BOARD OF ADJUSTMENTS 3. a. Meeting Date: 05/10/2016 Election of Commission Officers Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Nai Mongiello, Planning and Development Services Information ITEM Consider the election of a Chairperson and a Vice-Chairperson of the Board of Adjustment in accordance with Section of the Code of Ordinances, Baytown, Texas. PREFACE Section "Officers" of the Code of Ordinances, Baytown, Texas, states "the board of adjustment shall elect a chairperson and vice-chairperson at the first meeting of each year." For the 2015 calendar year, the chairperson was Mr. Mike Wilson and the vice chairperson was Gilbert Santana. Section "Composition; terms" of the Code of Ordinances, Baytown, Texas, states "[t]he Board of Adjustment shall consist of five members who will be appointed by the city council for two year terms. RECOMMENDATION 22