HomeMy WebLinkAbout03112010 ZPC Minutes Cit y of West University Place
A Neighborhood City
C. Recycled Paper ZONING & PLANNING COMMISSION
BILL WATSON CONFERENCE ROOM
3800 UNIVERSITY BOULEVARD
MEETING MINUTES
March 11, 2010
MEMBERS PRESENT: Steve Brown, Dick Yehle, Sam Parikh, Bruce
Frankel and Lauren Griffith
MEMBERS ABSENT: DeDe DeStefano and Bob Higley
COUNCIL: none
STAFF PRESENT: Debbie Scarcella, City Planner; Sallye Clark,
Planning Assistant; and Josh Golden, City Legal
Counsel
Call to Order — With quorum present at 6:22 p.m., Steve Brown called the meeting to
order.
1. Notices, Rules, Etc. ZPC and staff introduced themselves. Steve Brown informed
everyone that under advisement of City legal counsel the Public Hearing on the
rezone request for 5800 Kirby has already been held on February 11, 2010 and no
further public comments can be heard by ZPC. Dick Yehle stated that he was
troubled by this reverse in past procedures and practices. Steve Brown agreed and
stated that if this advisement will be precedent for new procedures, he asks that legal
counsel pass on to the City Attorney a request for further guidance and instruction
concerning procedures for receiving post-public hearing comments.
2. Minutes.
February 11, 2010 Bruce Frankel made a motion to approve the minutes as
amended. Motion was seconded by Lauren Griffith. Ayes: Steve Brown, Lauren
Griffith, Dick Yehle, Sam Parikh and Bruce Frankel. Noes: none. Minutes
approved.
3. Basements. Steve Brown informed ZPC that the Building and Standards
Commission voted on February 4, 2010 to agree with the December 14, 2009
conclusion of the ZPC and BSC Joint progress report and its action to seek City
Council support therein. After discussion, Bruce Frankel made a motion to approve
Joint preliminary Report and forward to City Council with an added cover letter.
Dick Yehle seconded. Ayes: Steve Brown, Dick Yehle, Sam Parikh, Bruce Frankel
and Lauren Griffith. Motion passed.
4. Rezone Request for 5800 Kirby Drive. Steve Brown stated ZPC would now open
discussion on the Final Report. Bruce Frankel made the following statement "As I
disclosed from the beginning to all of you and the City Attorney's Alan Petrov and
3800 University Boulevard • West University Place, Texas 77005-2899 • 713.668.4441 • www.westu.org
Page 2
Josh Golden, the applicant that is requesting to rezone 5800 Kirby Drive is my
brother-in-law. He hired me several years ago to represent the interests of him and
his partners in releasing their building. Though I was advised by the city Attorney's
that I would be allowed to participate in the discussions regarding the rezoning, I
have voluntarily recused myself from all voting on this matter. Four months have
now passed since the applicant's initial meeting with our commission. The
discussion of rezoning 5800 Kirby drive has far exceeded my expectations. At this
time I do not feel that in good conscious that I can continue to participate in these
discussions. Therefore I would like to step out of the meeting and will wait outside in
the hall until you have concluded your discussion on this matter, and then rejoin the
meeting." Then Mr. Frankel left the conference room.
Josh Golden legal counsel stated after comments from the public hearing, that the
applicant has offered a declaration of Restrictive Covenants. The declaration is being
offered via the City legal counsel in trust. If the property is rezoned to Commercial
by May 30, 2010 and an ordinance signed memorializing the rezoning then the City
legal counsel is authorized to record the original declaration. If the conditions are not
met by May 30, 2010 City legal counsel would return the declaration to the applicant.
The offered declaration is to restrict their property so that no owner of the property,
tenant or other occupant of the property shall permit its employees to park any vehicle
in the residential public street right-of-ways of the City within 500 feet of the
property. The restrictions may be enforced only by the City. The restrictions are
perpetual, provided that if the property is rezoned by the City such that either then;
current use or structure is made non-conforming, the declaration shall automatically
terminate. 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. After lengthy discussion Dick
Yehle made a motion to approve the final report as originally drafted and to
recommend acceptance of restrictive covenants. Sam Parikh seconded. Ayes: Steve
Brown, Dick Yehle, Sam Parikh and Lauren Griffith. Bruce Frankel abstained.
Motion passed. Bruce Frankel returned to the conference room and rejoined the
meeting.
5. Fences. ZPC agreed that emergency access and visibility triangles need minor
tweaking to prepare a final report for City Council. However part three, fence like
hedges needs major revisions and a ruling by legal counsel as to whether the revision
contemplated will require a third public hearing with City Council. This item will be
brought back to next month's meeting.
Adjournment. Bruce Frankel made a motion to adjourn. Dick Yehle seconded.
Ayes: Steve Brown, Dick Yehle, Sam Parikh, Bruce Frankel
and Lauren Griffith. Motion passed. Meeting adjourned at 8:25p.m.
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PASSED THIS gTh142") DAY, OF 2010.
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Steve Brown,Presiding Officer
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allye A. Clar 4 Planning Assistant