HomeMy WebLinkAboutStaff ReportSTAFF REPORT
Project Manager: Jennifer Reeves Report Date: 11 -17 -05
Email: jreeves @cstx.gov Meeting Date: 12 -06 -05
ZBA Meeting Date: December 6, 2005
APPLICANT: Clint Schroff, CCIM, Clarke & Wyndham
REQUEST: Appeal of the Zoning Official's Interpretati , fr'
LOCATION: 903 Harvey Road - Woodstone Shopping Center
PURPOSE:
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GENERAL INFORMATION
Status of Applicant: Sr. Property Manager, Clarke & Wyndham
Property Owner: Martell Interest/ Clarke & Wyndham
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Ordinance Section:)
PHYSICAL CHARACTERISTICS
Zoning and Land Use: C -1 General Commercial "This district is designed to
provide locations for general commercial purposes, that is, retail sales and
service uses that function to serve the entire community and its visitors ".
Item Background: On 6 October 2005, the City received a building permit
application and supporting documentation for remodeling work at 903 Harvey
Road. The information submitted with the building permit application indicated
proposed uses such as an "open fabrication area" and "racked pallet storage ".
There were also notes on the building plans indicating that an 8 foot roll up door
will be installed at the rear of the lease space along with the installation of a
"loading zone" in an area where three parking spaces are currently located. On
13 October 2005, Brad Julson, Supervisor of Technical Support for the
Integrated Ocean Drilling Program, submitted a letter to the City concerning the
proposed use of the lease space at 903 Harvey Road. Mr. Julson's letter stated
that the lease space will be used to "store scientific instruments for maintenance
and calibration..." in addition to training staff and students. On 17 October 2005,
City staff toured the facilities at the existing Ocean Drilling Program in Research
Park and viewed sample equipment. Staff was informed that the equipment
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would be trucked from the Research Park location to 903 Harvey Road for
calibration, testing, and storage.
The zoning district for the subject property is C -1 (General Commercial). Based
on the aforementioned information, staff contends that the proposed use of the
space at 903 Harvey Road is not a compatible use with a C -1 zoning district.
According to Section 5.3 of the Unified Development Ordinance, the C -1 zoning
district is designed to provide locations for retail sales and services that function
to serve the entire community. It is our opinion that this use would be more
compatible with the R &D (Research and Development) zoning district, the M -1
(Light Industrial) zoning district, or possibly the C -2 (Commercial Industrial)
zoning district. When evaluating issues related to the proper use of zoning
districts, one must consider the nature of the proposed use of the property, the
existing use of neighborhood properties and the possibility that a nuisance will
be created by the proposed use. One must also consider the primary or principal
use of the space or building. While we understand that there are other uses
associated with the primary use in this case, such as office and educational
uses, the information submitted for review indicates the primary use will be the
storage, maintenance, and calibration of scientific equipment. Furthermore, the
proposed use does not appear to be a service that functions to serve the entire
community. Finally, it is important to note that the lease space at 903 Harvey
Road is immediately adjacent to existing residential property that may potentially
be impacted by the proposed use on said property.
Number of Property
Owners Notified: 5
Responses Received: None as of date of the staff report.
ATTACHMENTS
Location Map
Aerial Map
Application
Letter of request for the Zoning Officials Interpretation
Letter of interpretation of the Zoning Official
Use Table for C -1, R &D, M -1 and C -2
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