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Home My WebLink About11122009 ZPC meeting packet City of West University Place A Neighborhood City ® RecWledP"' Notice of Zoning & Planning Commission Meeting Notice is hereby given that the Zoning & Planning Commission (Z&PC) and members of the Building and Standards Commission and City Council of the City of West University Place, Texas will hold a meeting on: November 12, 2009 beginning at 6:15 p.m. in the Bill Watson Conference Room of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 The subject(s) of the meeting are as follows: [Call to order] 1. Notices, Rules, Etc. Matters relating to notices, introductions, rules, meeting procedures and identifying parties. 2. Minutes. Matters relating to minutes from the October 9, 2009 meeting. 3. Request for Re-zoning. Matters relating to a request for re-zoning of property located at 5800 Kirby Drive, including presentation of request, discussion, and possible preliminary report. The property is located at the corner of Kirby Drive and Tangley Street and is currently zoned as a PDD-TH2 (Townhome) district. The request is to re-zone the property to a C (Commercial) zoning district. 4. Fences. Matters relating to fences including masonry, stone, and stucco fences; front, rear and side fences; yard regulations and projections; "virtual" fences; hedges; natural growth fences; and related matters. 5. Basements. Matters relating to basements and subterranean structures including possible amendments to the zoning regulations. 6. Commercial "C" Districts. Matters related to the commercial "C" districts and discussion of the best and most effective use of those districts. [Adjournment] In compliance with the American Disabilities Act, if you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the person that signs this below at least 24 hours prior to the meeting so that reasonable accommodations will be made to assist your participation in the meeting. The Municipal Building is wheel chair accessible from the west entrance and specially marked parking spaces are available in the southwest parking area. Special seating will be provided in the Council Chambers. P TH S ~ L ~AT ,4'50'CLOCK Sallye A. lark, Planning Assistant, sclark(Dwestu.org 713-662-5843 3800 niv Draft ZONING & PLANNING COMMISSION BILL WATSON CONFERENCE ROOM 3800 UNIVERSITY BOULEVARD MEETING MINUTES October 8, 2009 MEMBERS PRESENT: Bruce Frankel, Dick Yehle, Bob Higley, Sam Parikh, Lauren Griffith and DeDe DeStefano MEMBERS ABSENT: Steve Brown COUNCIL: none STAFF PRESENT: Chris Peifer, ACM/Public Works Director, Debbie Scarcella, City Planner; and Josh Golden, City Legal Counsel Call to Order - With quorum present at 6:20 p.m., Bruce Frankel called the meeting to order. 1. Notices, Rules, Etc. Bruce Frankel welcomed everyone and ZPC members and staff introduced themselves. 2. Appointment of a member as the official Secretary. Bob Higley made a motion to recommend Dick Yehle as Secretary for ZPC to City Council for approval. Lauren Griffith seconded. Ayes: Bruce Frankel, Bob Higley, Dick Yehle Sam Parikh , Lauren Griffith and DeDe DeStefano Noes: none. Motion passed. 3. Minutes. August 13, 2009. Dick Yehle made a motion to approve as amended. DeDe DeStefano seconded. Ayes: Bruce Frankel, Dick Yehle, Sam Parikh, Lauren Griffith and DeDe DeStefano Noes: none. Abstain: Bob Higley. Motion passed. Minutes approved. 4. Fences. Bruce Frankel requested that Dick Yehle give an overview of this agenda item since it was something that he originally brought to ZPC for discussion. Dick Yehle gave an overview of the proposed amendment. The amendment addresses three issues: 1) Masonry fences that are long and solid and cannot be penetrated for emergency access; 2) Some hedges that are being planted and grown to the height and the density where fences are not allowed; 3) Concept of defining the visibility triangle to make it consistent throughout the entire Code of Ordinances. Bruce Frankel stated that a Joint Public Hearing took place in February of 2009 where public comments were taken into consideration and revised the amendment. Debbie Scarcella, City Planner stated the preliminary report has been approved by ZPC and needs to be Zoning & Planning Commission Minutes October 8, 2009 Meeting Page 2 of 2 Draf t forwarded back to City Council to request another Public hearing. This the agenda to bring the new ZPC up to date on the status of this item. 5. Basements and other Subterranean Structures. Bruce Frankel gave an overview and background to the new ZPC of this agenda item. There were three homes that had installed basements and it was requested that ZPC look at this item as excavation was taken all the way to the property line and was a concern. ZPC went before City council and asked whether basements should be abolished or regulated. City Council requested that it be looked at by both the BSC and ZPC and an amendment brought back to city Council. BSC and ZPC have been meeting on this topic for the past six months. Staff was instructed to set up a mini workshop with the BSC and ZPC chair and one other member of each commission so that discussion to work toward a consensus in anticipation of a first draft of an ordinance could take place. Adjournment. Bob Higley made a motion to adjourn. Dick Yehle seconded. Ayes: Bruce Frankel, Bob Higley, Dick Yehle, Sam Parikh, Lauren Griffith and DeDe DeStefano Noes: none. Motion passed. Meeting adjourned at 8:25 p.m. PASSED THIS DAY, OF , 2009 Bruce Frankel, Vice Presiding Officer ATTEST: Sallye A. Clark, Planning Assistant The City of West University Place STAFF REVIEW OF PLAT, REPLAT OR AMENDING PLAT ZONING & PLANNING COMMISSION FEE SUBMITTAL ***NOT A FORMAL APPLICATION for plat replat, or amending plat. This is an application for staff review of: ❑ Plat Review (Box A) ❑ Replat Review (Box A) ❑ Amending Plat Review (Box B) ® Rezoning (Box Q Box A - Plat or Renlat Only This is a: Preliminary application $500 + $10 for each lot and/or reserve, ($10x_) +$100 newspaper notice (if required) +$100 for each additional instrument (easements, etc.) +$100 for each Plat Review resubmittal (Due at time of resubmission) TOTAL DUE TOTAL PAID Box B -Amendine Plat Only This is a: Preliminary application $200 + $10 for each lot and/or reserve, l0x__j +$100 for each additional instrument (easements, etc.) +$50 for each Plat Review resubmittal (Due at time of resubmission) TOTAL DUE TOTAL PAID Box C - Rezonin¢ REZONING FEE $500 (+additional deposit as determined by City Planner) $60 4* / iy M h(y MA REZONING FEES DUE 11 ,I C QS Initials of City Planner for additional deposit as required b e Name of Applicant (s) (Print): Kirby Retail Fund, LP Location of Request (Address or Subdivision name): 5800 Kirby Dr. Title of Plat (if Applicable): Address of Applicant: 8441 Gulf Freeway, Suite 212, Houston, TX 77017-5065 Telephone: 713-641-5008 Fax: 713-641-6987 Emailaddress: rorkin@pdq.net I u rstand that this payment is a deposit. The actual fee is the City's actual cost for this s rvic The full actual cost for this service must be paid before the plat will be released to for plat approval at this time. I understand that this is ppl' ant. This' gft.t fo orm t i at ure of Applicant' 8 Agent Date October 23, 2009 Initials of employee collecting deposit. Docket# (Y®~ *Applicant's Agent: Wilson, Cribbs & Goren, P.C. 2500 Fannin Houston, TX 77002 Phone: (713) 222-9000 Fax: (713) 229-8824 Reid C. Wilson Email: rwilson ,wc law.net Cheryl Clare Email: cclare(,wcglaw.net 1 " WCG Wilson, Cribbs & Goren, P.C. A t t o r n e y s a t L a w October 23, 2009 HAND DELIVERED TO 3826 AMHERST Zoning and Planning Commission City of West University Place, Texas Attn: Ms. Sallye Clark 3800 University Boulevard West University Place, TX 77005-2899 Re: Request to rezone 5800 Kirby (the "Property") from PDD-TH2 to C-Commercial Dear Ms. Clark: Please allow this letter to serve as a request for rezoning the Property from PDD-TH2 to C-Commercial. The rezoning will facilitate the construction of a new single tenant retail building once Shipley's vacates in December 2010. Unfortunately, Shipley's has declined to renew its lease. Please place this request on the November 12, 2009 agenda of the Zoning and Planning Commission meeting. This request is filed on behalf of Kirby Retail Fund, LP, owner of the Property ("Owner"). The deed to Owner and the title policy reflecting its ownership is attached. The location of Property is as shown on the enclosed copy of the City zoning map and HCAD map. While the Property has been used exclusively for commercial purposes for over 40 years, this site is currently zoned residential ("PDD-TH2"). After investigation by Owner and conferences with City Staff, no one knows why this zoning conflict exists. The zoning designation occurred in 1974, far before the 1984 comprehensive rezoning of the City. The retail center to the south is also in the PDD-TH2 zone, as is the Meineke shop. This request does not include those two (2) properties. All Kirby properties to the north are in the C- Commercial zone. All of the Kirby PDD-TH2 and C-Commercial properties abut residential single family zoned areas. No good municipal planning reason exists for this property to be zoned other than C-Commercial. Townhouse is not, and never will be an economically viable use of this parcel, which has too much inherent value as a retail location, even if limited to PNC use of the existing building. This is not an expansion of Commercial uses, just the recognition of the long existing Commercial uses and the fact that it will never change. Rezoning will permit construction of a new building, fully compliant with current codes, and will permit Owner to attract the highest quality retail tenant. Owner will meet with any interested J ent property owners to discuss any concerns. spectfully b ted Reid C. Hson 2500 FANNIN STREET • HOUSTON, TEXAS 77002 • MAIN: (713) 222-9000 • FAX: (713) 229-8824 Zoning and Planning Commission City of West University Place October 23, 2009 Page 2 G:\Clients\4816\003\Rezoning\PZC Rezoning Letter (10-23-09).doc Exhibits: A- Deed B- Title Policy C- Zoning Map ST -WART TITLE Of $28.25 l~ti ,,1 0 11 G o (p 5 !1- C4 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN PUBLIC RECORDS: YOUR. SOCIAL SECURITY NUMBER OR YOUR DRIVE'S LICENSE NUMBER. SPECIAL WARANTY DEED 1 WITH VENDOR'S LIEN H rn 842 if/ii/44 0 677 X26 UO THE STATE OF TEXAS , § ~ § COUNTY OF HARRIS § r F Cr a tr. JCP Interests -L.L..C., Patricia Pollard Mullendore (also known as Patricia Pollard z Lichty), James A. Reichert and Patricia Pollard Mullendore (also known as Patricia Pollard Lichty), Co-Trustees of the Testamentary Trust created under the Will of Jack Critz Pollard ("Grantor 'I, whose address is c/o John Hopper, Falcon Gas Storage, 1776 Yorktown, Suite 500, C" Houston, Texas 77056, for and.in consideration of the sum of Ten and No 100 Dollars ($10.00) paid to Grantor by Kirby Retail Fund LP, a Texas limited partnership ("Grantee'D whose address is 8441 Gulf Freeway, Suite 312, Houston, Texas 77017, and other good and valuable r consideration, the receipt and sufficiency of which are hereby acknowledged, and the- further c consideration of the payment of an amount of cash paid to Grantor by Encore Bank ("Lender', at the instance and request of Grantee as evidenced by the execution and delivery by Grantee (hereinafter defined) of that certain promissory note of even date herewith payable to the order of Encore Bank in the principal sum of $340,000.00, bearing interest at the rate and being due and payable as therein set forth, the payment of which note is secured by the Vendor's Lien herein retained by Grantor and additionally secured by a deed of trust of even date herewith executed by Grantee to L. Anderson Creel, Trustee, for the benefit of Lendor to which deed of trust reference is hereby made for all purposes, has, subject to the exceptions hereinafter set forth, GRANTED, C SOLD, and CONVEYED and does hereby GRANT, SELL and CONVEY unto Grantee all of the land located in Harris County, Texas, and being more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Land', together with the following: F c 1. Any and all improvements now situated on the Land (the "Improvements"); r 2. Any and all right, title and interest of Grantor in and to any land in the bed t of any street, road, avenue or alley (open, proposed or closed) in front of or adjoining the " Land -and any and all right, title and interest of Grantor, in and to any easements, rights- of-way, rights of ingress or egress, or other interests in, on, or to any land, highway, ' street, road, avenue or alley (open, proposed or closed) in, on, or across, in front of, abutting, or adjoinginng the Land, and any awards made, or to be made in lieu thereof, and in and to any unpaid awards for damage thereto by reason of a change of width or grade of any such highway, street, road or avenue,. if any, HOUST09:0 1 063 610 00 0 8; 961628v2 3. Any and all right, title and interest of Grantor in and to the present of future use of sewage treatment capacity, wastewater, wastewater capacity, 'drainage, water or other utility facilities to the extent same pertain. to 'the real property or the Improvement's, including without limitation, all reservations of or commitments or letters covering such use in the future, whether now or hereinafter acquired, and all. other rights, privileges and interests affecting or serving any or all of the Land; 4. Any and all right, title and interest of Grantor in and 'to any oil, gas or other minerals or mineral rights of whatever nature or character in, on or beneath the Land and or appurtenant thereto, if any; The Land, together with any and all of the related improvements., appurtenances, rights and interests referenced above, are hereinafter collectively referred to as the "Properly TO HAVE AND TO HOLD the Property, together with all rights and appurtenances pertaining thereto in anywise belonging until Grantee, and Grantee's successors and. assigns forever, subject to the matters herein stated and Grantor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND, all and singular, the Property unto Grantee, and Grantee's successors and assigns, against every. person whomsoever lawfully claiming or to claim the same or any part, thereof by, through or under Grantor, but not otherwise. But it is expressly agreed and stipulated that the VENDOR'S LIEN and Superior Title in and to the Property, is retained by the Grantor against the Property until the above described promissory note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute. ~ The parties agree that the Property is being conveyed to Grantee "AS LS" AND "WITH ALL FAULTS." Grantee acknowledges that Grantee is not relying upon any representation, statement, or other assertion by Grantor with respect to the condition of the Property, but will rely solely on Grantee's own examination and investigation in buying the Property. GRANTEE ACKNOWLEDGES THAT GRANTOR HAS NOT MADE AND IS NOT MAKING, AND GRANTOR SPECIFICALLY DISCLAIMS, ANY WARRANTIES OR REPRESENTATIONS WITH. RESPECT TO (i) THE PHYSICAL OR ENVIRONMENTAL CONDITION OF THE PROPERTY, (ii) THE VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY, SUITABILITY, PROFITABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY, (iii) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO ANY DaROVEMENTS ON THE PROPERTY, (iv) THE MANNER, QUALITY, STATE OF REPAIR, OR LACK OF REPAIR OF THE PROPERTY; AND (v) PERMITS, ZONING, UTILITY SERVICES, WATER, SANITARY SEWER OR STORM SEWER CAPACITY OR WASTEWATER CAPACITY OF THE PROPERTY. GRANTEE WILL MAKE SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY AS GRANTEE DEEMS NECESSARY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND IN CLOSING THE SALE AND PURCHASE GRANTEE ASSUMES THE RISK THAT ADVERSE MATTERS MAY NOT HAVE BEEN REVEALED BY GRANTEE'S INSPECTIONS AND INVESTIGATIONS. The parties agree that all understandings and 2 HOUMN:010636/00008:96162W agreements heretofore made between them or their respective agents or representatives (including. any of same contained in any letters. of intent or other agreements heretofore entered into by and between Grantor and Grantee relating to the Property) are merged into this Deed, except as otherwise expressly provided in the Commercial Contract-Improved Property entered into by and between Grantor and Grantee for the purchase and sale of the Property, and Grantee is not relying- upon any statement or representation of Grantor with respect to the. Property. Grantee acknowledges that Grantor has requested Grantee to fully inspect the Properly and allportions thereof. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS GENERAL WARRANTY DEED, GRANTOR HEREBY - EXPRESSLY DISCLAIMS AND EXCLUDES ALL COVENANTS AND WARRANTIES OF TITLE OF EVERY NATURE WHATSOEVER (EXPRESS, EVIPLIED, STATUTORY OR OTHERWISE). The warranty set forth herein is made subject to the matters set forth on Exhibit B attached hereto to the extent (but no further) that the same are valid and subsisting as of the date hereof and actually affect title to the Property. (End of page; signature page follows) i 3 HOUSTON:010636/00008:96162M THE STATE OF TEXAS § COUNTY OF HARRIS § 'l This instrument was acknowledged before me on the day of November 2004 by 14 of JCP Interests L.L.C., a limited liability company, on behalf of said limited liability company. 14otary Public in and f the State of Texas . ROSEMARY SUAREZ rte, P„ bk Soft dTz= Printed Name: Z-- My Commission Expires: THE STATE OF TEXAS § COUNTY.OF HARRIS § Q This instrument was acknowledged before me on the day of November 2004 by Patricia Pollard Mullendore. Tot;; Public in and for the State of Texas ROSEMARY SUAREZ 16 P„1,>ti,sue.ors~.. Printed Name: ►2 O S £ AgAR 5 0,4 4 Z- } My Commission Expires: SS' " a- j 5 HOUSTON:010636l00008:96162Bv2 EXECUTED as of this day of , 2004. Grantor JCP INTERESTS L.L.C. By. Title: PATRICIA POLLARD M L ORE, also known as Patricia Pollard Lichty J S A: REICHERT, Co-Trustee of the' $ Testamentary Trust created under the Will of Jack Critz Pollard for the benefit of Patricia Pollard ~Lichty PATRICIA POLLARD MULLENDORE (also known as Patricia Pollard Lichty) Co-Trustee of the Testamentary Trust created under the Will of Jack Critz Pollard for the benefit of Patricia Pollard Lichty 4 I30USTON:010636/00008:961628v2 THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the of November 2004 b Y Y James A. Reichert, Co-Trustee of the Testamentary Trust created under the Will of Jack Critz Pollard for the benefit of Patricia Pollard Lichty. ROSEMARY SUAREZ N ary Public in and fa e State of Texas ►y ca on e0w oea Q= Printed Name:A-ft S E l ~-/Z 5 s~ 2~ Z My Commission Expires: Ss' - 01 ~S THE STATE OF TEXAS § § ~J COUNTY OF HARRIS § This instrument was acknowledged before me on the j' day of November 2004 by Patricia Pollard Mullendore (also known as Patricia Pollard Lichty), Co-Trustee of the Testamentary Trust created under the Will of Jack Critz Pollard for the benefit of Patricia Pollard Lichty. b ROSEMARY SUAREZ Notary Public in and for the N0WyPLWWjftdTW0 State of Texas Printed Name: ZO S J7 A4 l~-RZ z-- My Commission Expires: e9 a D9 O to G ~ verse X N ~t 6 HOUSTON:0 1 0 636/000 0 8:96162W EXHIBIT A Lots Two (2) and Three (3), Block Four (4) of TANGLEY TERRACE, an addition in Harris County, Texas according to the map or plat thereof recorded in Volume 17, Page 23 of the Map Records of Harris County, Texas. EXHIBIT B Permitted Encumbrances 1. Taxes for the year 2004. 2. Restrictive Covenants set out in and building set back lines shown in instruments filed in Volume 17, Page 23 of the Map Records of Harris County, Texas and in Volume 1168, Page 664 and Volume 1211, Page 371 of the Deed Records of Harris County, Texas. 3. Easement reflected by instrument recorded in Volume 1168, Page 664 of the Deed Records of Harris County, Texas. ~YI11GUlE3TWCT37HESIUE.IIEMiI~UAUSEOFTiIE0E1LA~EDiIfAI I~~y PR~PEIZtTIEfXIiEffCQO~dIRlLE6rMltl9/JgUIEIfa1CFA0.EIM0~F~H1AtUYr. THE STATE OF kl COUNTY OF HARRISS ' IlrniTOiNjhtlif Yelnnrr ru FtFDh R~ iit~br Squna m h 6r dot h5in~ ~alr~ayecwr.aaarlecormte.raaswr~lt~r~+nN.gre ' Cap.Ts~m- ! NOV 11 2004 cQ couNTY CLERK HARRIS COUNTY. ERAS o~caWMinlldlWMMs ruorAMWKul~lro cj9a t~~u+x THE STATE OF TEXAS. COUNTY OF HARRIS Ilr~grirlolfstshsrlwxFLEDr~ NmbiS~rrccmaerradtlhix ri.rl lnAk+K ur.nMr~ONOEY. r ec afRalPo►rc nrssrxw Mlah rx~i Ca*Twin DEC 2 9 2004 k' n F -TI CouNTY CLERK - I HARRIS COUNTY. TEXAS Ml MCORDER'S MEMORANDUM: At the time of recordation, this instrument wh s W found to be inadequate for The best gphotog carbon reproduction because pepeleglbili%.I blockouts, photo copy, discolored resent at the time additions and changes were p the instrumentwas iiied and recorded. HOUSTON:0 1 0 6 3610 000 8:961628v2 ` x T-1 Form Prescribed by Texas Department of Insurance (Rev. 1/1193) y STEWART TITLE GUARANTY COMPANY i SCHEDULE A O~ re No.: 04116106 Date of Policy: November 11, 2004 A' er Policy No.: 0-5893-59238 { ount of Insurance: Premium: 1. Name of Insured: KIRBY RETAIL FUND LP, a Texas limited partnership 2. The estate or interest in the land that is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is insured as vested in: KIRBY RETAIL FUND LP, a Texas limited partnership 4. The land referred to in this policy is described as follows:' Lots Two (2) and Three (3), Block Four (4) of TANGLEY TERRACE, an addition in Harris County, Texas according to the map or plat thereof recorded in Volume 17, Page 23 of the Map Records of Harris County, Texas. b2) T-1 Form Prescribed by Texas Department of Insurance (Rev. 1/1/00) STEWART TITLE GUARANTY COMPANY SCHEDULE B EXCEPTIONS FROM COVERAGE No.: 04116106 Owner Policy No. 0-5893-59238 .is policy does not insure against loss or damage (and the Company will not pay costs, ,ttorney's fees or expenses) that arise by reason of the terms and conditions of the leases and easements, if any, shown in Schedule A, and the following matters: 1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception.): Restrictive Covenants as set out in Volume 17, Page 23 of the map Records and by instrument recorded in Volume 1168, Page 664 and Volume 1211, Page 371 of the Deed Records of Harris County, Texas. 2. Shortages in area. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the. public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line ofvegetation, or the rights of access to.that area or basement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 2004, and subsequent years, and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): a. Vendor's. Lien retained in Deed dated November 8., 2004, filed for record in the office of the County Clerk of Harris County, Texas on November 11, 2004, under Clerk' File No. Y056842, executed by JCP INTERESTS, L.L.C. and PATRICIA POLLARD MULLENDORE (also known as Patricia Pollard Lichty), JAMES A. REICHERT and PATRICIA POLLARD MULLENDORE (also known as Patricia Pollard Lichty), Co-Trustees of the Testamentary Trust created under the Will of Jack Critz Pollard to KIRBY RETAIL FUND LP, a Texas limited partnership securing the payment of one note of even date therewith in the principal sum of $340,000.00 payable to the order of ENCORE BANK additionally secured by Deed of Trust of even date therewith to L. ANDERSON CREEL, Trustee, said Deed of Trust filed for record in the office of the County Clerk of HARRIS County, Texas on November 11, 2004 under Clerk's File No. Y056843, together with all indebtedness of whatsoever nature, secured or to be secured by said Deed of Trust and subject to the terms, conditions, and stipulations contained in said Note and Deed of Continued on next page ,d to and made a part of Stewart Title Guaranty Company y No. 0-5893-59238 No.: 04116106 Trust. "Note: The indebtedness secured by the lien of the insured mortgage is additionally secured by the following instrument: Assignment of Rents dated November 8, 2004, filed for record in the office of the County Clerk of Harris County, Texas under Clerk's File No. Y079320." b. Rights of parties in possession. c- An easement 5 feet wide along the rear and/or South property line and an aerial easement 5 feet wide from a plane 20 feet above the ground upward located adjacent thereto for the use of public utilities as reflected by instrument recorded in Volume 1168, Page 664 of the Deed Records of Harris County, Texas and the recorded plat. d. Building Set Back Line 20 feet in width along the front property line as reflected by the recorded plat. e. Building Set Back Line 5 feet in width along the side property line, except for garage or other outbuilding located 60 feet from the front lot line, as reflected in instrument recorded in Volume 1168, Page 664 of the Deed Records of Harris County, Texas. f. Building Set Back Line 10 feet in width along the East property line as reflected by the recorded plat. (As to Lot Three) g. Subject to that certain Ordinance filed July 8, 1966 by the City of'Houston in Volume 6422, Page 181 of the Deed Records which established Right-of-Way Lines along and for Kirby Drive. h. Subject to that certain Ordinance filed November 12, 1964 by the City of Houston in Volume 4984, Page 463 of the Mortgage Records which established Building Lines along and for Kirby Drive. (Note: Ordinance. appears also to be a lien for the widening of Kirby Drive between Rice Blvd. and Bissonnett Avenue) (No film code number available) i. Any and all Zoning ordinances or proposed ordinances including those by the City of West University Place, Texas. One story brick frame house encroaching into five foot utility easement as shown on survey dated April 21, 2004 prepared by Jose H. Gonzalez, R.P.L.S. No. 4478. k. Terms, conditions and stipulations as to that certain unrecorded Lease dated June 24, 1989 between Shipley Leasing Corporation and Tany Pollard Hopper, Patricia pollard Lichty-Mullendore, Tany Pollard Hopper and James A. Reichert Co-Trustees U/W/O Jack C. Pollard F/B/O Tan Pollard Ho Pollard Lichty-Mullendore and James A. y spar, and Patricia Pollard F/B/O. Reichert Co-Trustees II/W/O Jack C. its q w q G ' N a. LL n m LL ~~0~ `6777f~ H K K K F 6 ![7~ 0 NEI PH ilk a• } >~.d j r i i l 1 1,11 111 11, tilt ~ i. 1 i Y1 11 1 1 L. 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O PROPas w 17 SIREEi ru6l . a ' ra 22'-6' ~RiN SroRV Q ~V'~ $ C DN R a EDRNlf-E FE V(D (w, R SiLMi0 E-O ..T P- R 1 6 8 RI la g ~ ~ 8`cc EXimNC USE - CO MIAL N &7.17 (R.S.• 'Wij •O Q. t 1 EXIm 51 MN ' - p- i( BOE) 22•-0. M. a. ' uE .wD C" .Y ,R . Mt9' . . . . ! • wcsr •i]s.oo. ( S&)0 K1RBY k All, 7. . . . ♦ V~ •.•Y, I [ y D B' -1 WLUR • • • 6' iNl -ONM' DOBPSfE [ j• ENCL090RE COIXw E!- v 0• iH1 wOpD PEHOE t PERNWO COVER . J,Oa - sP 122.625 PROwOED• 155 REOVREO) 1 BNLgNO NtU . ,.B]>.,5 Sf (I x.J65 OP SRE LFANNO 85.051[ OPEN; ; F 1 [ 105 REOWREO OPEN MEA) .1-. ARG-712J6 SP , y PBNEO/w.,us/cuRes .RU - 2.,c6.so sP i roru sRE BRU . us9D.DD sr.. i. ° ! (t Y.b0.720 REOUWEU) 0P6CE6 won. SITE PLAN ~1 PROPOSED SITE PLAN'8.1w n VICINITY MAP "BAR 9wBe r.9w Nrrrr w..e NnYB w OG 21, 200Y . Bubleot Property a.1. a reaere, msurnnce nwmnunu.11- voa,y-_ As per map 480256-_._ Panel _ 0860K Dated 04-20-00 • THIS INFORMATION IS BASED ON GRAPHIC PLOTTING ONLY. WE DO NOT ASSUME RESPONSIBILITY FOR EXACT DETERMINATION. 1 TANGLEY ROAD (50' R.O.W.) CONTROL MONUMENTI FIND. 112" IF, FND.1/2' IR I FND. 5/8" IR EAST 135.00' SET 5118""IIR , 50.0' 65.0' 70.0 85.0 20' BL 0 js ® o wo I 00 Y LOT 2 LOT 3 d LOT1 w mo O in J O Y pI M ITR l * J.. O O 20.6 BIN `r 62.0' z , n.r w m 1 STORY BRICK FRAME N 84.r 5'x 20' AE 5' UE FND. T 10' WEST 135.00' SET 518" I OONTROL WICAP MONUMENT HOUSE INTO THE T UE AND AE LOT1 ACCOUNT No. 041-017-009-0144 BLOCK 5, PRESTON PLACE LEGEND E.E.- ELECTRICAL EASEMENT U.E.- UTILITY EASEMENT AE.- AERIAL EASEMENT 1.) SUBJECT TO RESTRICTIVE COVENANTS SET OUT IN VOL. 17, PG. 23, H.C.M.R., D.E.- DRAINAGE EASEMENT THOSE IN VOL.1168, PG. 664, AND VOL 1211, PG. 371, H.C.D.R. SL- BUILDING LINE 2.) SUBJECT TO ESMTS. AS RECORDED IN VOL. 1168, PG. 664, H.C.D.R. STM.S.E.- STORM SEWER EASEMENT 3.) SUBJECT TO BUILDING LINE RESTRICTIONS IN VOL. 1168, PG. 664, H.C.D.R. SSE- SANITARY SEWER EASEMENT W.L.E.- WATER LINE EASEMENT 4.) SUBJECT TO CITY OF HOUSTON ORDINANCE IN VOL. 6422, PG. 181, H.C.D.R. SL E.- STREET LIGHT EASEMENT 5.) SUBJECT TO CITY OF HOUSTON ORDINANCE IN VOL. 4984, PG. 463, H.C.D.R. LR- IRON ROD 6.) SUBJECT TO ANY AND ALL ZONING ORDINANCES INCLUDING THOSE BY THE CITY OF WEST UNIVERSITY, TEXAS. I.P.- IRON PIPE 7.) ALL BEARINGS SHOWN ARE REFERENCED PER RECORDED PLAT. FND -FOUND - WOOD FENCE - IRON FENCE LOT BLOCK SUBDIVISION SECTION 2 AND 3 4 TANGLEY TERRACE COUNTY STATE RECORDATION SURVEY SCALE: 1'-30' HARRIS TEXAS VOL. 17, PG. 23, H.C.M.R. ADDRESS 5800 KIRBY DRIVE, HOUSTON, TEXAS 77005 PURCHASER ROBERT B. ORKIN 10~1110.q_ BUILDER MUSTVERIFY ALL BUILDING LINES, EASEMENTS, Gf ~`~TEAk SURVEYOR HAS NOT ABSTRACTED SUBJECT PROPERTY. BUILDING LINE RESTRICTIONS (DEED RESTRICTIONS. ETC.) Q' * SURVEY IS BASED ON TITLE COMMITMENT LISTED BELOW. AND ZONING ORDINANCES, IF ANY, THAT MAY AFFECT ...•.•..1.. -ALL BUILDING LINES AND EASEMENTS ARE PER RECORDED SUBJECT PROPERTY, BEFORE STARTING CONSTRUCTION. JOSE HUMBERTO GONZILF1 -THIS SURVEY PLAT IS UNLESS ED FOR WISE SHOWN. ONLY. • e.• R IS NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR ?p~4478 SUBSEOUENT OWNERS. Accurate SuRV~~~-~ REVISION # REVISION DESCRIPTION Surveys of - MORTGAGE ENCORE BANK Texas Inc. x/~o TITLE STEWART TITLE GF# 04116106 5151 MITCHELLOALE SU17E A-6 JOSE H. GO EZ R.P.L.S. No. 4478 CLIENT* 04/LV HOUSTON, TEXAS 77092 LFIELD L404-310 TEL: (713)-869-6966 EREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MFAX (713)-864-4266 i SUPERVISION AND THAT IT CORRECTLY REPRESENTS THE FACTS FOUND AT AFTING 04/CU LLJ THE TIME OF THE SURVEY. THERE WERE NO ENCROACHMENTS APPARENT ON Y MAP THE GROUND EXCEPT AS SHOWN HEREON. OT JOB # Chronological History of 5800 Kirby Dr. (Shipley Donuts Site) 1937 Ordinance 111 adopts initial zoning regulations and zoning map 1938 Ordinance 131 adopts amendment rezoning site for "retail district" use 1939 Ordinance 152 adopts amendment rezoning the Kirby "retail district" by establishing a zone depth of 180' and establishing a 20' buffer zone in the rear of the site 1974 Ordinance 1025 adopts amendment rezoning this site (and others) from commercial to townhome/cluster homes 1985 Ordinance 1243 comprehensively recognizes and confirms all of the zoning map changes from ordinance 111 to this date 1987 Ordinance 1298 replaced Ordinance 111 in its entirety and established a new zoning map and zoning regulations 1991 Ordinance 1401 adopted changing the 4 lots adjoining Lake street from commercial to sfr. (This proposal initially contained language to rezone this site and the two sites south of this property from townhome to commercial, but was removed from the proposal after several public hearings.) I _ 'w, MINE logo ! ROM! g OFFICIA MAP ZONING REGULATION ~wewrr wr.wa "7q. m. uNwr+ r..w a ~mNr, »r..Y a mean n.w i Oman»n.w III!11111111111111111111 AYFNO[D JA OF I.IM we w.. »n.w s ,~.an .er..w ® :..ma,.. n.w m.mN.n. n»a ,a.w»..»«,..w. WYW~w~ C I TY ® m.wwn«wa ~ ~ WEST UNIVERSITY PLACE <6 17 . Iea 3 - s TL 4r 2 - III L. _ I y IIL LLL1 l 11 Iff r~F]I`n~ I t1glrlTFT DTI T i I~;h r )P I11- -411,1 T) Re ~f _ Ln~{ [ if h t hti" - - gym- - apt t r y. Lit 1_ F~ E1 1 971 S 3 R ~ it ~ a g S r ~ ~~~~~~4.7 ~ X \ ~ h r+-a1 f a t - -F V j rr I~ s < < _ f S t a S S ~ ~ r ~ r S 6 S i s h~ A_ ~ ~ T F ~ Nil '`1j~-~1`¢~ E 111 I$ r r 4 ti~mf3t~IJl lllClll.lil4_,:~ h"t1+t 1 Y Attachment to 7-12-2007 ZPC minutes Draft date 11-7-2006 Agenda for Town Center Discussion ZPC November 9, 2006 1. Review/modify/endorse Potential Objectives from 6/10/2004, revised 10/30/2006 2. Review/modify/endorse proposed resolution providing QPED design guidelines as revised 10/31/2006. Weigh need for a similar resolution to accompany C-PED zoning. 3. Decide to move forward on hiring a design/planning firm or on working with Kirksey pro bond to produce sketches that show conceptually what the design guidelines could produce and back-test the guidelines under various conditions. 4. Decide on a plan and timing for a public Town Center Design Workshop The proposal for discussion is a well publicized and well timed meeting of the ZPC at which our proposal for the town center would be presented to the public for their reaction/input/guidance. A facilitator would be employed to take the lead at the workshop and do the bulk of the work in preparing for it. The facilitator would work under the guidance of the ZPC and City staff. Envisioned for the workshop are a PowerPoint presentation to introduce the topic, outline important objectives, highlight key issues and options, and address the decisions that need to be made. To stimulate discussion there would be illustrations of what the town center might look like and photos of other towns where "desirable" redevelopment with similarities to ours is taking place. Small- group discussions would be encouraged and breakout guidelines for the workshop would be part of the facilitator's assignment. To ensure participation by key stakeholders, personal invitations by ZPC members to the property owners and nearby residents might be appropriate. 5. Discussion of proposed C-PED zoning regulations (if time permits) POTENTIAL OBJECTIVES THE CITY OF WEST UNIVERSITY PLACE TOWN CENTER From the June, 10-2004 ZPC Meeting Revised 1013012006 Create a pedestrian friendly environment 1. Provide uses compatible with and enhancing of the quality of life of the community. 2. Encourage the development to move to the sidewalk (set a builds-to lino): arnt& tjM 5 M 0~ 3. Minimize the strip center parking arrangement of typical shopping centers, which, emphasizes the image of the car and detracts from the pedestrian or sidewalk cafes quality environment. This could mean locating on-street parallel parking in front, or angled parking with intermittent tree islands. 4. Locate employee and/or overflow parking behind the retail buildings along the ditch. 5. Encourage the use of landscaping and covered or arcaded sidewalks in front of retail to further encourage pedestrian use. This could mean a common feature (covered pedestrian/landscape zone) that links all of the building sites. 6. Encourage parking in the back by providing convenient, covered passageways from the back to the pedestrian arcades in front of the retail buildings. 7. Encourage the development of a rear service and parking area along the ditch to reduce pedestrian/traffic conflicts. Provide a gathering place for the community Design the street as an urban plaza for congregating, strolling, special events, etc. The design can accommodate the closing of the street during special events and celebrations. Create a mixed-use environment Potentially retail, office, residential and community service Create aesthetics consistent with an inner city urban single-family neighborhood Create Design Guidelines for development as a condition for special exemptions and/or variances. The Guidelines should prevent a typical suburban strip-center appearance. Be Compatible with adjacent existing uses 1. Single family residential 2. Maintain existing landscape buffer and provide additional screening/buffer for residential directly across Poor Farm ditch 3. West U Elementary School 4. Park, play fields, Scout House 5. Service, government Provide appropriate parking An incentive for redevelopment could be minimizing the parking requirement through a shared parking plan with other uses, such as the school. 1 Provide the framework for orderly, planned and phased development The City could create the features and/or provide incentives, special exemptions, or variances for the developer to create the features that would support the kind of development desired, such as: 1. A gathering place in front of the structures through landscaping, pavement/street materials. 2. Extend its sidewalk planning to include a common landscaped, covered walkway feature to encourage pedestrian use. 3. Use of common landscaping/building features such as signage, lighting, awnings, etc. that could visually integrate the development. 4. Relaxing of building setbacks to allow building to street right-of-ways and allow common walls for neighboring developments to maximize buildable space and reinforce the uniformity and continuity of development. Encourage buildings that reduce environmental impacts and meet green building standards Generate tax revenue for the community Real Estate taxes Sales tax Recognize structures of historic significance To the extent that any of the building structures on the existing site have significance, they could be preserved, partially incorporated or replicated thematically. Plan with input from the community Suggestions could include public meetings for design input, mail-out public opinion poll, Town Center "Hotline" Website Coordinate with City of Southside Place Project Possible integration/compatibility with City of Southside Place project on southeast corner of Edloe and University 11 0 0 0 a~aRW/MS 4CcEsS 0 0 0 571KQ C~YMAl~~r~ ~ i~GtG'S7Xt9A1 '~L~l/d e W1cxw/1r A778kvrhU 0 0 e PLAN i R.O.W. "NO,SU* S&TJWC< R~ P4.P.tivb R$WPJni71o. LAALc Ra►tDvFf~ fPNGE . LA+WOSGf~/6 3SFT. Hw&,vT z1Afrr j PbSS~BLE ~ ~ ~ SAWW FLCOR J 1 S8cTioN B~ Bob 1haba, QUAL 1,rmp 1cE%S7,e1AN AgVAONCW pW/E4Or9NfJV15 O 20 40 60 SO /007' ilddcr Zgo6