Zoning Board of Adjustment

MEMORANDUM TO: Galveston Zoning Board of Adjustment FROM: Ian Knox, Urban Planner II Planning and Development Division DATE: August 28, 2015 RE: 15Z-014 (2701 New Strand) Request for a Special Exception from the Galveston Land Development Regulations Section 11.303 to expand a non-conforming use. Property is legally described as Lots 6 & 7 And Adjacent 27th Street Block 687, in the City and County of Galveston. Applicant: Stephen G. Schulz Property Owner: Schlag Galveston, LLC and Galveston Park, LLC The applicant is requesting a continuance of 15Z-014 to the regular meeting of the Zoning Board of Adjustment of September 2, 2015. This was the first request for a continuance and there are no costs associated with the request. Zoning Board of Adjustment Planning Department City of Galveston August 5, 2015 lSZ-014 STAFF REPORT ADDRESS: Public Notice and Comment· 2701 New Strand No Sent Returned In Favor Opposed Comment 8 LEGAL DESCRIPTION: ~-- Property is legally described as Lots 6 & 7 And City Department Notification Responses: Adjacent 27th Street Block 687, in the City and No objection from any City department County of Galveston APPLICANT/REPRESENTATIVE: Stephen G. Schulz PROPERTY OWNER: Schlag Galveston, LLC and Galveston park, LLC ZONING: Commercial (C) REQUEST: Special Exception from Section 11.303 C.l. of the Galveston Land Development Regulations APPLICABLE ZONING LAND USE Executive Summary: Parking Lot, Commercial Surface Parking Area The applicant is requesting a Special Exception from the Galveston Land Development Regulations Section 11.303 C.l. pursuant to Section 11.400 - "Conversion of Nonconforming Uses" to expand the REGULATIONS: nonconforming use " Parking Lot, Commercial Surface Parking Area" . Section 11.303 C. Expansion of Nonconforming Uses. Nonconforming uses Section 11.400 shall not be expanded, enlarged, extended, increased, or moved to: EXHIBITS: 1. Occupy an area of land or building that was not occupied on the effective date of these regulations; A- Aerial Map 2. Management practices eliminate nuisances such as noise, B - Current Survey light, waste materials, unreasonably congested on-street C- Site Plan parking, or similar conflicts; 3. There is no material history of complaints to the City about STAFF: the use. A history of complaints is justification for denying lan Knox, Urban Planner II the special exception, unless the conditions of the exception will eliminate the reasons for the complaints; 409-797-3659 knoxian@cityofgalveston.org 4. If the use is nonresidential, it is registered or licensed in accordance with any applicable ordinances of the City; or 5. The use has been maintained in good condition and its 1  classification as a nonconformity would be a disincentive for such maintenance. SEC. 11.402 PROCEDURE An owner of a nonconforming use may apply for a special exception from the Zoning Board of Adjustment, which has the effect of making the nonconforming use conforming. SEC.11.403 CRITERIA FOR APPROVAL A. Generally. A special exception may be granted by the Zoning Board of Adjustment to make a nonconforming use conforming, if, compliance with all of the criteria of this Section is demonstrated. B. Nonconformity. The use, as conducted and managed, has been determined to be a nonconforming use that has been integrated into the neighborhood's function or the zoning district's function if it is not in or adjacent to a residential neighborhood as evidenced by the following demonstrations: 1. Neighborhood residents regularly patronize or are employed at said use for nonresidential uses in or abutting residential neighborhoods; 2. Management practices eliminate nuisances such as noise, light, waste materials, unreasonably congested on-street parking, or similar conflicts; 3. There is no material history of complaints to the City about the use. A history of complaints is justification for denying the special exception, unless the conditions of the exception will eliminate the reasons for the complaints; 4. If the use is nonresidential, it is registered or licensed in accordance with any applicable ordinances of the City; or 5. The use has been maintained in good condition and its classification as a nonconformity would be a disincentive for such maintenance. C. Conditions. Conditions may be imposed relative to the expansion of buffering, landscaping, or other site design provision or other limitations necessary to ensure that as a conforming use the use will not become a nuisance. Such conditions may relate to the lot, buildings, structures or operation of the use. Should the Zoning Board of Adjustment choose to administer Section 11.404 (c), the following section applies to landscaping. SEC. 9.301 PARKING LOT LANDSCAPING A. Applicability. The provisions of this Section shall apply to parking lot areas providing unenclosed, off-street parking, and loading spaces for 10 or more vehicles for residential uses; two or more vehicles for nonresidential uses and mixed-use developments; and for all vehicle washes, fueling stations, and all drive-in or drive-through establishments. 1. Excluded Areas. All parking or loading areas (not including Parking Lots, Commercial Surface Parking Areas) located 2  within Light Industrial (LI) or Heavy Industrial (HI) Districts, which are not, in whole or in part, within 600 feet of the right-of-way of Sea wolf Parkway, Broadway Boulevard, Harborside Drive, or FM 3005 or within 300 feet of the property line of a residential use, a mixed-use development that includes residential use, or a residential zoning district boundary, measured as a radius from such a parking or loading area, shall not be required to install interior parking lot landscaping. B. Right-of-Way Screening. Visual screening, adequate to screen parked vehicles, shall be provided between any parking or loading areas and any street right-of-way abutting the site. Right-of-way screening shall consist of: 1. Minimum width. 4 feet. 2. Required Elements. Shrubs, hedges and trees. See Table 9.302 for size and spacing requirements. 3. Fence location. Any fencing shall be installed on the interior edge of the right-of-way screening. 4. Planter Boxes. The use of planter boxes shall constitute compliance with the Article only in cases of the provision of right-of- way screening for existing parking lots. C. Interior Landscaping. The following interior landscaping is required for parking lots with 10,000 square feet or more of surface area: 1. Landscape Islands. Interior parking lot landscaping shall be designed so that no parking space is located more than five spaces away from a landscape island that consists of: a. Minimum width: 8 feet. b. Minimum square footage: 200 square feet at a depth of 3 feet = 600 cubic feet. c. Required Elements: Permeable surface of ground cover or grasses and minimum of one tree in accordance with SEC 9.201. Applicant's Justification: "The building formerly occupying the space was within and surrounded by a surface lot long used for cruise ship parking. The area has no other practical use. The Special Exception will eliminate the one complaint regarding use received by the City." Zoning and Land Use Location Zoning Land Use Subject Commercial (C) Commercial Site North Heavy Industrial (HI) Industrial South Commercial (C) Commercial East Commercial (C) Commercial West Commercial (C) Commercial Please see Agenda for Standard Conditions for a Special Exception and Appeal from Decision of Board Process. 3 Map prepared by the City of Galveston Planning Department (knoxian)- 71131201 5 The da ta p~sentcd on these: p1ges is not legally binding on the City ofO al vcs1on o r any of its dep~rtmcnts. 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Sp~ w he.-. . . -a "(.it·tl ~ ~ wtt S ~-1-r,K-.t; ~ ·  <I- ., -t>- ~ t n \).0 6-alveeton Park. n G-ruiee 6 ..Velt ton, TIC t l r cxtl.!9r..n Parkin~ Layout f'LD7iiAtl o -IDN A-1 s '+4-J ~ ro..""' ·,,e s pe.e..i -A £~~~·.. ~ is- !it""-""+-U. Zoning Board of Adjustment Development Services Department City of Galveston September 2, 2015 15Z-017 STAFF REPORT ADDRESS: 1602 Seawall Public Notice and Comment: No Sent Returned In Favor Opposed LEGAL DESCRIPTION: Comment Property is legally described as Lots 8 27 through 12, Northwest Block 71, North Part City Department Notification Responses: of the Southwest Block 71, a subdivision in No objection from city departments with the following comment the City and County of Galveston, Texas. from the Department of Public Works: APPLICANT/REPRESENTATIVE: Public Works - The Department of Public Works requires a Traffic Michael Gaertner Architect Impact Study. PROPERTY OWNER: Jalaram Enterprises, Inc. ZONING: Commercial, Height and Density Development Zone, Zone 3 (C-HDDZ-3) VARIANCE REQUEST: Variances from Section 10.300 of the Land Development Regulations (LDR) regarding Height and Density Development Zone (HDDZ) requirements pertaining to build-to- line and lot coverage; and, a variance from Article 3 of the LDR regarding parking location in a Commercial Zoning District. APPLICABLE ZONING LAND USE REGULATIONS: Background: Section 10.300 and Article 3 of the LDR. The Zoning Board of Adjustment at the meeting of July 9, 2014, approved a request for a lot coverage variance for the proposed EXHIBITS: development. The original approval was to deviate from the A – Aerial Map requirement of 80 percent or less to 85 percent. In this request, the B – Current Survey/ Site Plan percentage requested is 85.2 percent. C – Applicant’s Submittal Executive Summary: The applicant is proposing to replace an existing hotel with new STAFF: construction that does not meet the HDDZ requirements regarding Adriel Montalvan, Urban Planner II build-to-line and lot coverage ratio. In addition, the proposed 409-797-3667 development does not conform to the requirements of Article 3 of montalvanadr@cityofgalveston.org the LDR regarding parking location in a Commercial Zoning District, which requires all parking to be located in the rear of the structure. 1 Requested Variances Requested Variances Required Proposed HDDZ Build-to-line 60% 0% HDDZ lot coverage ratio 80% or less 85.2% Article 3 Parking Location Rear of building Front and rear Build-to-line The HDDZ requires a percentage of the building to be situated at the required setback, but when no setback is required the building must be placed along the property line. This property does not have a required setback according to HDDZ regulations. However, the property has a deed restriction setback of 50 feet, which becomes the required setback. The percentage of the building required to be located at the deed restriction setback line facing Seawall Blvd., is 60 percent. Lot Coverage Lot coverage shall consist of all building footprints plus all impervious pavement (asphalt or concrete) on the site. The lot coverage percentage for the proposed project shall not exceed 80 percent according to the standards for a low-rise development in the character area known as Seawall A. The percentage of proposed impervious material is 85.2 percent. Parking Location Articles 3 of the Land Development Regulations require that all parking in a Commercial Zoning District be placed on the rear of the building. The applicant is proposing a portion of the required parking, be located in the front of the structure. Applicant’s Replacing an existing hotel with new construction on a site with unique conditions Justification including county setback (deed restriction), unusual configurations of site and other constraints. Please see Agenda for Standard Conditions for a Variance and Appeal from Decision of Board Process. 2 Exhibit A Exhibit B Exhibit B