1. law, govt and politics

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