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HomeMy WebLinkAbout052410 CC Min0 The City A Neighborhood City CITY COUNCIL Bob Kelly, Mayor Bob Fry, Councilmember George Boehme, Councilmember Steven Segal, Councilmember Chuck Guffey, Councilmember STAFF Michael Ross, City Manager Alan Petrov, City Attorney Thelma Lenz, City Secretary CITY COUNCIL MEETING MINUTES The City Council of the City of West University Place, Texas, met in regular session on Monday, May 24, 2010, in the Municipal Building, 3800 University Boulevard, West University Place, Texas beginning at 6:30 p.m. Agenda items were as follows: CALL TO ORDER: Mayor Kelly called the meeting to order at 6:30 p.m. Also in attendance were: Mayor Pro Tern Fry, Councilmembers Boehme, Guffey, and Segal, City Manager Ross, Assistant City Secretary Schultz, City Attorney Petrov, and Assistant City Manager/Public Works Director Peifer Mayor Bob Kelly led the Pledge of Allegiance and Pledge to the Texas Flag. Assistant City Secretary Schultz confirmed that the Notice of the regular meeting was duly posted in accordance with the Texas Government Code, Chapter 551. 1. Public Hearin Relating to 5800 Kirby Drive Matters related to a public hearing to hear comments for or against amending the Zoning Ordinance and Zoning District Map by changing the zoning district designation of the building site located at the southwest corner of the intersection of Kirby Drive and Tangley Road (5800 Kirby Drive), more fully described as Lots Two and Three in Block Four of the Tangley Place subdivision. Mayor Kelly opened the public hearing at 6:31 p.m. Assistant City Manager/Public Works Director Peifer gave a brief summation of the location and the proposed zoning request. He then turned it over to City Attorney Petrov for an explanation of the Declaration of Restrictive Covenants (attached) that the owner supplied since the last public hearing. City Attorney Petrov explained that the applicant has offered to deed restrict the property to prohibit employee parking within 750 feet of the property and to prohibit the property from being used for a liquor store or a two-story office building. Councilmember Segal noted that the negotiations did not include Council or staff. City Attorney Petrov stated there is no agreement that the City will grant anything based on the revisions, but said the applicant has in good faith offered these restrictions as a way to try and mitigate any impact on the neighborhood. of West University Place Councilmember Boehme had concerns regarding the language relating to a two-story office building. City Attorney Petrov confirmed that anything over one-story will be prohibited. City Council Minutes, May 24, 2010 Councilmember Boehme stated it seems to him that if the property is subsequently rezoned in the future to permit something that is prohibited by these deed restrictions, then the deed restrictions will become null and void. Mr. Peifer added that the deed restrictions would also be null and void if the City has a comprehensive zoning change in the future which would permit the things restricted by the deed restrictions. Councilmember Boehme stated that he reads "office buildings two-story and higher are prohibited unless the property is rezoned after July 1, 2010, to a zoning classification which permits such buildings at which event office buildings permitted under applicable zoning regulations are permitted" to mean that if in the future they are successful in a zoning change to a category that allows a two- story building, they would be allowed to do that. Councilmember Segal said he would agree that if we permitted two-story buildings by rezoning, a two-story building would be allowed; but said he wouldn't agree that the other restrictions would automatically terminate. City Attorney Petrov agreed with Councilmember Segal's understanding. Councilmember Segal asked how the parking restriction would be enforced. City Attorney Petrov said the City will be responsible for enforcement as provided by Section 4 of the restrictions. However, he said, police officers couldn't write parking citations and would have to bring forth an action for like any other property owner. He said enforcement would be more complicated than just writing a citation. Councilmember Segal confirmed that the Zoning and Planning Commission approved this in its meeting by a vote of 4-0 with 2 members absent and 1 abstention. He said the ZPC approval is weak because if all were present and voting the outcome could have been different. At this time, comments from the public were heard. Cherie Lindley, 2615 Tangley, said she bought her house with the understanding the area would not be rezoned. She said rezoning 5800 Kirby will set a precedent, which probably means in a very short period of time all those properties along that stretch of Kirby will eventually be rezoned commercial and the impact will continue to change the entire complexion for her end of the neighborhood and it will impact their property values and quality of life. Ms. Lindley said those that spoke in favor of the amendment at the last hearing are residents that are not close enough to the property to be impacted by this decision. She said that there has been no study done that says that townhomes are not feasible and asked Council to consider what they would do if their homes were one house away from the property. Councilmember Boehme informed Ms. Lindley that since 2004 there have only been five new townhomes built, and of those 5 units one is owner occupied, four are rented, and two now have "For Lease" signs out. He said this seems to be pretty good market place evidence that townhouses don't work there. Ms. Lindley said there are a lot of homes for sale or lease in West U and said she has spoke to several builders who said there is a way to build townhomes on the property that will make them more desirable. 2of8 City Council Minutes, May 24, 2010 John Lindley, 2615 Tangley, echoed Cherie Lindley's comments. He said he is not for rezoning and thinks it needs to stay zoned for residential townhomes, because lot sizes are as deep or deeper then where the townhomes were built in 2004. He added that he does not believe parking will be able to be enforced. Rosemary Beauvais, 5902 Lake, spoke to say that she is not in favor of the rezoning because she feels it is breaking faith with her and what she expected when she bought her home and she believes trash will be increased and parking will be a problem. She suggested park or green space, if not townhouses. Roger Chang, 5820 Lake, said he does not want to the area to be rezoned because he believes their will be issues with parking and traffic. Rebecca Salter, 5811 Charlotte, said she doesn't see how rezoning the property to commercial is the best option for the City. She said with the zoning now, there is a chance that eventually a business will no longer have to be there and it will become something else. Ms. Salter continued to say that everything has a price and the bottom line is what the market will pay and not what the developer or the owner of the property think it is worth. She said the developer knew the property was zoned for townhomes when he bought it and so she asks that the zoning be kept as is and she hopes that the property eventually becomes green space or a townhouse development. Alan Watson, 5914 Kirby, spoke to say he is the owner of one of the townhomes on Kirby and said his main concern about the rezoning is the precedence it will set. He said the last four years the construction on Kirby has been terrible so it's not surprising that more townhomes have not been built. Councilmember Boehme spoke to say that one of the attractive things about this case is that we are balancing all of the interest because we have a terribly permissive set of grandfathering rules. He said if this passes and the applicant builds what he is proposing, we will have our first truly code compliant commercial building in West U. He said it will have all of the parking and setback requirements it is suppose to have. He said Council sympathizes with all the concerns, but the options aren't very good. Councilmember Segal said there is an impact and domino effect and he is concerned that we didn't notice all of the people down Kirby and in the townhome district who might have something to say. He said the issue raised by Councilmember Boehme and what we want staff to address is prior nonconformance revisions and zoning revisions and he doesn't think we need to tamper with our residential zoning at this time. He said he thinks it is premature to deal with this one property, which could have an impact down the road, before we resolve all the issues. Marty Hrachovy, 5812 Lake, said it has been his understanding that this property would never be rezoned for commercial. He said he can't believe that the same City that regulates how close he can put his air-conditioning to the fence will allow someone. to build a commercial establishment and change something from townhouses to commercial in such an ad hoc fashion. Mr. Hrachovy said he is concerned about parking and emergency medical services and asked that Council take more time to study the ramifications of rezoning this property. He also said he doesn't believe that the notices given were clear, adequate, or timely and said he can't imagine that a responsible City Council will approve this. Carol Steen, 6016 Lake, said she feels like this is a slippery slope and feels that the City needs to look at the issue as a whole and not on a parcel-by-parcel basis. She also agrees with the other speakers regarding the parking and trash issues. 3of8 City Council Minutes, May 24, 2010 David Kyle, 2622 Tangley, asked Council to think carefully about what they are considering this evening and asked that the zoning not be changed. Brandon Wallace, 2614 Tangley, said he wants to go on record that he is against the zoning change and prefers it be left as is for the chance for it to eventually become residential as it is zoned to be. Janet Casstevens, 2619 Tangley, spoke to urge Council to reconsider this issue. She said she understands that it is a difficult situation, but she doesn't think that it has been looked at totally from a standpoint that townhouses will work. Leslie Ward, 5806 Lake, asked Council to please vote with the residents and not the developer and asked that it be left the way it is. With no further comments from the public, Mayor Kelly closed the Public Hearing at 7:15 p.m. 2. Public Comments This is an opportunity for citizens to speak to Council relating to agenda and non-agenda items. If the topic the speaker wishes to address is on the agenda, the speaker can either speak at this time or defer his/her comments until such time the item is discussed. Speakers are advised that comments cannot be received on matters which are the subject of a public hearing once the hearing has been closed. There were no public comments at this time. 3. Ordinance to Rezone Property at 5800 Kirby Drive Matters related to the first reading of an ordinance to Rezone the property located at 5800 Kirby Drive from PDD-TH2 (Planned Development District-Townhome District Two) to C (Commercial) Zoning District. Councilmember Guffey moved to approve the ordinance to rezone the property located at 5800 Kirby Drive on first reading. Mayor Pro Tern Fry seconded the motion. Councilmember Boehme spoke to say that the starting point should always be to give our single- family homeowners what they want. He said the problem here is that the land is not appropriately zoned for townhouses. He said the commercial category is also not appropriate zoning to be adjacent to single-family residences. Councilmember Boehme said Mr. Orkin has come forward and voluntarily offered legally binding deed restrictions that makes this land and its uses look a lot like he envisions it should be a few years from now, which is a low-density zoning category instead of the wide-open category we have now. He said he thinks this is good land use and he intends to support it. Councilmember Segal said he has a problem when we look to deed restrictions. He said we do face problems with prior nonconformance status and we face issues with our zoning Code, which we have asked staff to fully review. He said we need comprehensive zoning and prior conformance changes and does not think it is appropriate to deal with this issue on an isolated basis. He said this issue has the four "I's" - Inappropriate; Inadvisable to address a single property, it will have an Impact on adjacent properties and throughout the City; and the process is Inadequate to address a significant change from a townhouse of residential zoning to commercial on an isolated basis. Councilmember Segal said as evident tonight, a resident of the townhouses on Kirby wasn't notified because it wasn't 4of8 City Council Minutes, May 24, 2010 within the area. He said this is a broader issue and should be addressed broadly. He said for that reason, he will vote against it. Councilmember Guffey said the fact is the lot has been, and will continue to be, used for commercial purposes, regardless of what Council does tonight. He said we are lucky that we have a party coming in that is going to rebuild the building, which he thinks is our best option and so he will vote for it. Councilmember Boehme said prior nonconformance issues have been made a priority, but this Council does not have time to go through a comprehensive zoning change so we need to fix this area now. He said he agrees that deed restrictions are not the preferable way to control land use, but he thinks they do work. He said balancing all of the interest here, he thinks the proposed amendment is acceptable and reiterated that he intends to support it. In response to Mayor Pro Tem Fry's inquiry as to staff's recommendation, Mr. Ross said staff and the Zoning and Planning Commission recommend approval based on the highest and best use of the tract. Mayor Kelly said the most compelling argument that the residents surrounding this property made against this proposal is that this City is considered a neighborhood city. He said the most compelling argument for the proposed amendment is that if it stays zoned as it is currently another establishment can move into the existing Shipley's building without having to bring the building up to code. He said it is a tough decision to make, but Council has an opportunity to preemptively strike and occupy the building with good tenants who will bring the building up to City code and standards. Mayor Kelly said he doesn't believe the property would ever be developed townhouses nor does he believe that this much property would be designated as green space. Councilmember Segal called for a roll call vote on the motion. Mayor Kelly called for the roll call vote resulting in the following: G uffey Aye Fry Aye Boehme Aye Segal Nay Kelly Aye The motion to approve the ordinance passed on first reading 4-1 At this time, Councilmember Boehme left the room. 4. Consent Agenda All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member requests in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. • City Council Minutes Approve City Council regular meeting minutes of May 10, 2010. • Ordinance Revisions Relative to Development Services 5of8 City Council Minutes, May 24, 2010 Matters related to ordinance revisions updating both references and insurance requirements as suggested by the Building and Standards Commission and consider an ordinance on the second and final reading. Memorandum of Understanding with Harris County Matters related a Memorandum of Understanding between the City of West University Place and Harris County in regards to Hurricane Ike Disaster Relief. Councilmember Guffey pulled the Item A for discussion. Councilmember Segal moved to approve Items B and C of the Consent Agenda. Mayor Pro Tern Fry seconded the motion. Motion Passed. Ayes: Kelly, Fry, Guffey, Segal Noes: None Absent: Boehme (was out of the room at time of this vote) Councilmember Guffey asked that the Minutes be amended to reflect what was said in his report on the recent CenterPoint customer gas charge increase. He said the last sentence should read `After review, he concluded that the increase is not excessive in comparison to labor and utility operating cost index changes over the same period." Mayor Pro Tem Fry moved to accept the Minutes as amended. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Gulley, Segal Noes: None Absent: Boehme (was out of the room at time of this vote) Councilmember Boehme returned to the room. 5. Reports by Council/Staff No reports. With no further business before the Council, Mayor Pro Tern Fry moved to adjourn the meeting at 7:40 p.m. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None Meeting Thelmi-A. Lenz, City Secretary U Date Approved: kk) r 0 6 of 8 City Council Minutes, May 24, 2010 DECLARATION OF RESTRICTIVE COVENANTS This Declaration (the "Declaration') is made on this the 24`" day of May, 2010 by Kirby Retail Fund, LP, a Texas limited partnership {"Declarant"). RECITALS A. Declarant is the owner of the real property commonly known as 5800 Kirby Drive, Houston, Texas 77005 (the "Property), situated in West University Place, Harris County, Texas, legally described as follows: Lots 2 and 3, Block 4, of Tangiey Terrace subdivision, according to the map or plat thereof recorded in Volume 17, Page 23 of the Map Records of Harris County, Texas. B. Declarant desires to restrict the Property. C. Declarant proffers this Declaration as part of the proposed re-zoning of the Property to the Commercial "C' classification by the City of West University Place (the 'Cit of Declarant's own volition, and not as part of any agreement or contract for zoning, recognizing that zoning is a discretionary governmental approval. RESTRICTIONS 1. NO PARKING. No owner of the Property, tenant or other occupant of the Propertv shall permit its employees to park any vehicles in the residential public street right-of-ways of the City- within 750' of the Property. 2. NO LIQUOR STORES. Liquor stores are prohibited. Wine merchants or retailers, wine bars, or similar establishments emphasizing wine or cordials, such as but not limited to Cova, Soma, or The Tasting Room are permitted. Sale of alcoholic beverages for on-site consumption is perrr itted, subject to applicable laws. 3. NO 2 STORY OFFICE BUILDINGS. Office buildings 2 stories and higher are prohibited, unless the Property is rezoned after July 1, 2010 to a zoning classification which permits such buildings, in which event office buildings permitted under applicable zoning regulations are permitted. 4. ENFORCEMENTINO ASSIGNMENT. The Restrictions may be enforced only by the City. The Restrictions may not be assigned by the City, but are personal to the City. 5. DURATION. The Restrictions are perpetual, provided that if the Property is rezoned by the City such that either the then current use or structure is made non-conforming, the Declaration shall automatically terminate. 6. AMENDMENTITERM] NATION. This Declaration may be amended or terminated only by an instrument in writing signed by the owner(s) of fee title to the Property and the City. 7. RUN WITH THE LAND. The restrictive covenants set forth herein are appurtenant to the Property and constitute covenants running with and binding upon the Property and each portion thereof and upon each person having or acquiring any right, title or interest in and to the Property or any part thereof, including tenants. 7of8 City Council Minutes, May 24, 2010 EXECUTED to become effective upon recording in the Official Public Records of Real Property of Harris County, Texas. DECLARANT: STATE OF TEXAS COUNTY OF HARRIS KtRSY RETAIL FuwD LP, A Texas limited partnership By: Kirby Retail Fund GP LLC, A Texas limited liability company, Its General Partner Name: Robert B. Orkin Title: Manager This documents was acknowledged before me this 241° day of May, 2010, by Robert B. Orkin, Manager of Kirby Retail Fund GP LLC, a Texas limited liability company, the General Partner of Kirby Retail Fund, LP, a Texas limited partnership, on behalf of said limited partnership. [Seal) AFTER RECORDING RETURN TO: Wilson, Cribbs & Goren, P.C. Attn: Mr. Reid C. Wilson 2500 Fannin St. Houston, Texas 77002 (4816-3) Notary Public in and for The State of Texas 8of8