Loading...
HomeMy WebLinkAbout040813 CC MinThe City of West University Place A Neighborhood City CITY COUNCIL. STAFF Bob Fry, Mayor Mlduel Rai City Manager Sm'an Sample. MayorPmTem Alan Purov, Cay Arai FA HeaNwft, Councilmember Theme Lena, Ciry Sonermy loan lolmwo. Cowcilmember Dick Yale, Coumilmember CITY COUNCIL MEETING MINUTES The City Council of the City of West University Place, Texas, met In regular session on Monday, April 8, 2013, in the Municipal Building, 3800 University, West University Place, Texas beginning at 6:30 p.m. Agenda items were as follows: Call to Order. Mayor Fry called the meeting to order at 6:30 p.m. in the Council Chambers. Council and Staff in attendance were: Mayor Pro Tom Sample, Councilmembers Johnson, and Yells, City Manager Ross, Assistant City Manager/Public Works Director Peifer, City Secretary Lenz, and City Attorney Eversole, JRBP. Councilmember Heathcoft was absent. Scout from Bay Seem Truth 55 led the Pledge of Allegiance. Secretary Lenz confirmed that the grace of the special and regular meetings was duly posted in accordance with the Texas Government Code, Chapter 551. 1. Public Comments This was an oppohunity, for citizens to speak to Council relating to agenda and non-agenda items. Residents who signed up to speak preferred to do so during the public hearing agenda items. 2. National Volunteer Month Proclamation Matters related to proclaiming the month of April 2013 as "National Volunteer Monts' in the City of West University Place. After a brief presentation by Senior Services Manager Toby Brooks, Councilmember Johnson movetl to proclaim April 2013 as "National Volunteer Month" in West University Place. After the reading of the Proclamation by Councilmember Johnson, on behalf of Mayor Fry, Councilmember Yehle seconded the motion. MOTION PARSED. Ayes: Fry, Sample, Johnson, Yehle Noes: None Absent: Heathcoft 3. National Older Cilizene Month Proclamation Matters related to proclaiming May 2013 as 'National Older Citizens Month" in the City of West University Place. City Council Muni Al 8, 2013 Councilmember Johnson moved to proclaim May 2013 as "National Older Citizens Month In West University Place. After the reading of the Proclamation by Councilmember Johnson, on behalf of Mayor Fry, Councilmember Yehle seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Johnson, Yehle Noes: None Absent: Heathcotl At 6:40 p.m., Zoning and Planning Commission (ZPC) Chair Steve Brown (3305 Rice) called the ZPC meehng to star. Also present for the ZPC were: Connie Clark (4232 Sunset Boulevard); Lauren Griffith (4215 Riley); Mike McEnany (3428 University Boulevard); and Vice -Chair Bruce Frankel (613D Annapolis). DeDe DeStef in i and Sam Parikh were absent. Mr. Brown explained how the hearing process works and said the focus of the meeting is to hear observations about the proposed ordinance amendments on (1) dwellings, accessory quarters and uses; (2) driveways and curb cuts; and (3) building riles, fences, and through lots. He said it there are questions that can be answered easily and quickly, staff will do that; otherwise, shaft will take note of them and follow -up with the resident. Mr. Brown said after the hearings, ZPC will meet on Thursday, April 11 to cons cer the hearings and prepare a final report on each of them to City Council. He said City Council can't act on any of the proposals without a final report from the ZPC. 4. Joint Public Nearing Regarding Accessory Quarters and Usee Matters related to a joint public hearing with the Zoning and Planning Commission to hear comments regarding an ordinance amending the Code of Ordinances to clarify the definition of a dwelling; accessory quarters and uses. At 6:45 p.m., both ZPC Chair Brown and Mayor Fry opened the public joint hearing. City Secretary Lenz confirmed [fret the Notice for all three public hearings was posted in accordance with One Open Meetings Act. City Planner Debbie Scercella presented this item and said the City is separated into zoning districts and each district has different zoning uses that are allowed or not allowed. She said the City has Single - Family Districts (Si which require primary structures to be "detached" from structures on adjacent properties. Garages in SFD districts may be detached from the primary structure but are considered "accessory structures" and are the main subject of the proposed! amendments. She said the first proposal Is district-wide, but it specifically applies to the Single - Family Districts. Via a PowerPoint presentation, W. Scarcella discussed the following points regarding the existing and proposed ordinances. Existing Ordinance : • Defines a dwelling unit as being used or being capable of being used as a separate dwelling unit and containing: Direct access to the ouhside Plumbing and electrical facilities to serve a kitchen sink, refrigerator and cooking equipment • A bathroom group (toilet, lavatory, tub /shower) muf City Council Minutes, April 8, 2013 • Cannot an accessory quarters as a dwelling unit meeting all of the following criteria: Located on the same building she with a dwelling unit within a principal building containing a dwelling and It includes no more than 600 square feet of gross floor area. Ms. Scomella said, currently, staff interprets the existing ordinance to be that an accessory quarter must be located on the same building site and attached to the dwelling unit. Under the current ordinance, an accessory quarter above an attached garage would be an allowed use, but not one above a detached garage. Ms. Scarcella said staff brought this to the forefront for review by the ZPC based on a Zoning Board of Adjustment case. Praoos id Ordinance: • Staff suggested looking at the definitions to reflect the requested uses of the property and to clarify the interpretation of the definitoril • Dwelling unit is now defined as a room or rooms capable of being occupied and having direct access to the confide, a kitchen area, and a toll bathroom. • The definition of accessary quarters is clear that it must be on the same site as a dwelling unit and not within h. • The definition of accessory was claimed and updated. • The definition of an SFD site now includes a dwelling unit, accessory quarters and other lawlul accessory uses. Ms. Scareslla said staff feels that the proposed ordinance gives a lithe more flembilfty in interpretation. Ms. Scamella stated that it also allows more uses for accessory structures, such as a guest house, cabana building that contains those facilities and other outdoor living spaces that previously might not have been allowed before. At the antl of the presentation, Chair Brown opened the floor for comments. BIII Moorhead, 3816 Northwestern, spoke to say that he received Notice of the public hearing and said he didn t understand most of the language, so he had a few questions: (1) is Paragraph 1 of the Notice a current requirement of the statutes of West University Place?; (2) winch current Weet University Place on inance/ordinances state the content of (1) ?; and (3) which current Chy, ordinance states that a detached garage Is not a legal use?; (4) what is the City+s definition of "update? " He said it is not clarked in the document. He said it states that These illegal use non /conforming buildings can't be updated" He asked 0 it means that If he has a garage with quarters over the top W if (which apparently is an illegal structure) and he wants to air condition the garage itself on the first floor, is that an update or isn't it ?; and (5) will the proposed ordinance make or state that a currently standing detached garage qualifies as an illegal structure or Illegal use? Mr. Moorhead said he would also like to know what the City intends to do about property appraisals that have illegal buildings siting on the property. Chair Brown responded to Mc Moorhead and stated that the ZPC and Council would receive other comments and it there is time, stet will answer some of his concerns now or get back to him by phone or email. George Baker, 8448 Community Drive, spoke to ask staff to define "attached" and datached". 3 cul Cry Council Minutes, APril E, 2013 Chair Brown said as the ZPC were discussing this topic, they interpreted the current ordinance to read that if someone had a detached garage and it had quarters above it, while that situation was grandhathered, it couldn't be updated or modernized and the Commission didn't think that was right because there was no such prohibition if the quarters were over a garage that was physically attached to a house. He said the key thrust for this particular proposal is to make it clear that whether or not the garage is attached physically to the house, there is no absence. Both sets of quarters in any Case would be allowed and could be updated. Councilmember Johnsen asked, and Chair Brown confirmed, that regardless whether there is an attached or detached garage, quarters can be built above it, if this ordinance passes? That was confirmed by Chair Brown. With no other public comments relating to this hearing, at 6:55 p.m., ZPC Vice -Chair Frankel moved that (1) all statements, exbib'ds, and documents be made a pad of the official record of this hearing; and (2) this public hearing be continued at the neat meeting of the Zoning and Planning Commission. Commissioner Griffith seconded the motor. MOTION PASSED. Ayes: Brown, Clark, Frankel, Grtlfith, McEnany, Noes: None Absent: DeStefano, Peal Councilmember Yehle moved! that Council suspend this bearing until a later date. Councilmember Johnson seconded the motion. MOTION PASSED. Ayes: Fry, Johnson, Sample, Yele Noes: None Absent: Heathcoh 5. Joint Public Hearing Regarding Driveways and Curb Cuts Matters related to a joint public hearing with the Zoning and Planning Commission to hear comments regarding an ordinance amending the Code of Ordinance relating to driveways in the front yard, curb cuts in the right of my, and non -SFD parking space combination. At 6:56 p.m., both ZPC Chair Brown and Mayor Fry Maned this public joint bearing. CM Planner Scarcella presented this Rem and said there are two sections of the Code of Ordinances and the Zoning Ordinance that regulate driveways. She said the sections are not in sync with each other, so these proposed amendment are to bring diem into conformance with each other and to make the Code more equal across the bond. Via a PowerPoint presentation, Ms. Scarcella provided the following points regarding Me existing and proposed ordinances. Existino Ordinance Regulates driveways (width, orientation, pavement type) in the front yam (setback) through the zoning ordinance. • Regulates curb cub and driveway aprons (width, number, pavement type) through Chapter 70 of the CM Code of Ordinances. • Establishes minimum dimensions and designs for nonSFO parking areas based on the angle of parking. 4 of City Council M'mutes, April B, 2013 Requires the Zoning Board of Adjustment to issue a special exception for alternate designs under cedain circumstances. Clarifies that vehicles must be able to enter and exit a parking area in a forward motion (non-SFD sites). Redefines and establishes the minimum parking dimensions for Non - Single Family District (SFD) parking spaces generally contained within a parking lot in the zoning regulations. Proposed Ordinance: Amens Chapter 70 to establish minimum widths of curb cuts, returns and associated drweways in order to standardize the requirements with the zoning regulations. Amends the zoning regulations to apply the number of allowed curb cuts to a legal building site. Amends the zoning regulations to allow staff to approve alternate driveway configurations under certain conditions. At the end of the presentation, Chair Brown opened the floor for comments. Carol gross, resident at 4204 Albans and Senior Pastor of West University United Methodist Church, spoke to say the church is concerned about increasing the length of the parking spaces and driveways In a parking lot. She said it sounds like a few inches is not a big deal, but the church has very narrow strips of land available to them for parking, so to them it may become a big deal in the future. Pastor Bross her church is not currently up to Code, but has been gran (fathered. She said she has spent the last three years as pastor trying to acquire additional land for parking in oNar to meet the Codes, but if they have ro try to meet the proposed new Code with land already purchased, they would have fewer parking spaces than they have now due to the additional length and width of the spaces required She said she just wanted to express these concerns on behalf of all the churches in West U as the proposal is being considered. Annette Persohn, owner of a duplex at 2637 and 2637 W roxton, spoke to say that this proposal has her mostly concerned about her property value. She said her taxes don't reflect the erosion in value of her property, but when she heads the proposed ordinance, she sees a very clear erosion in her property value, because she will be named to build a single -family home in the midst of all the multi - family structures. Mr. Brown reminded everyone that the purpose of the hearings is the hear observations and then the ZPC will be meeting on Thursday at 6:00 p.m. in the Conference Rcom and will be reflecting on the comments made here tonight and all the comments will be taken into consideration. Councilmember Yehle asked the Commission to consider the issue raised about the existing parking lots and determine what might happen if there was redevelopment of the known parking lots, such As Whole Foods, Tint's No. 5, etc., under the current ordinance, or some future ordinance, and determine whether the expanding parking space size will be unnecessarily limping. With no other public comments mia0ng to this hearing. at 7:09 p.m., ZPC Vice -Chair Frankel moved that (1) all statements, exhibits, and documents be made a pad of the official record of this hearing; and (2) this public hearing be continued at the next meeting of the Zoning and Planning Commission. Commissioner Clark seconded the motion. MOTION PASSED. Ayes: Brown, Clark, Frankel, GnMith, McBnany, Noes: None 5 of City Council Minutes. April 8, 2013 Absent: DeStefano, Pankh Councilmember Yehle moved that Council Suspend this hearing until a later date. Mayor Pro Tem Sample seconded the motion. MOTION PASSED. Ayes: Fry, Johnson, Sample, Yehle Noes: None Absent: Heathcoft S. Joint Public Hearing Repetitious Tarsal Lots Matters related to a joint public hearing with the Zoning and Planning Commission to hear comments regarding an ordinance amending the Code of Ordinances relating to through lots. At 7:10 p.m., both ZPC Chair Brown and Mayor Fry opened this public joint bearing. City Planner Sbercella presented and Stated that this proposal relates to definitions of building sites and the location W fences. She said currently, the ordinance doesn't have definitions for different types of building sees. She said it has definitions of normal shaped, rectangular, building sites and she says this is not always the case in West U. She said this came about because of a Building and Standards case and the BBC asked the ZPC to look at possibly defining the building sites and pay more attention to Magulerq shaped sites. Via a PowerPoint presentation, Ms. Scercella provided the following points regarding the existing and proposed ordinances. Existing Ordinance: • Regulates front yard (setacks)and defines certain special lots, including through lots. • Regulates the location of fencing on lots and prohibits fencing in the front yard (setback). • Regulates hedges in a frond yard, it one of the front yards is vacant (e.g. for a through lot or adjacent lot). Proposed Ordinance: • Amends the zoning regulations to define a through lot or rear through lot and clarity that both types of lots are subject to a front yard (setback) for fencing and fence -like hedges. Amends the zoning regulations to clarify that the fencing definitions apply to building sees and the fencing requirements that are in zoning and in Chapter 18 of the City Code of Ordinances. • Adds the definitions of different types of building sites. • Amends Chapter 18 fencing requirement to become more standard with the zoning regulations. At the end of the presentation, Chair Brown opened the floor for comments. Caroline Spears, 4108 University, spoke to request that the Council to contribute to Texas wildlife by allowing fence -like hedges, namely hedges made of native plants and /or hedges that provide important food sources W our wildlife and dm important to our eeological rental. Ms. Spears said native plants decreases water use and pesticide use and promotes the wildlife that Texas is so famous for. 6 of City Council Minutes, April 8, W13 Clay Stores, 6108 University, spoke to say that environmental issues in the area are growing importance and, by all appearances, West U wants to be a more green community, so he believes that the City should offer an exemption on fence -like hedges for things Mat are used for native food or plant life for wildlife. He mid Me City should encourage being a more green community by providing some kind of exemption for fence -like hedges made of native plants or hearng habitat for wildlRe or for areas Met may have gotten a backyard wildlife certification. Kris Peters, 6248 Albans, spoke to request clarXication with respect to front yard fencing and what Me rules are relative to fences that have been gmnMathersd. She And she happens to have a side yard with a front yard fence. Cry Planner Scarcella explained that her situation is granclathered as long as it was constructed prior to any Code change. She informed Ms. Peters that it she replaces the fence, she will be subject to any ordinances in place at the time, unless she goes before the Zoning Board of Adjustment and requests that the Board reinstate the prior nonconforming status. She asked Ms. Peters to contact her by phone or email to confirm that May are comparing apples with apples. Regarding one of the chart examples noted in the PowerPoint presentatrnm relating to through Ins and some building and flag lots, Councilmember Yel le sought coMrnnabon that the ordinance is designed to make sure Mat new fences don't compromise the original front yard setbacks of most of those IoW, specifically on the east and west sides (of the example). Chair Brown's informed Councilmember YeMe that his understanding is correct. Councilmember Yehle stated that the reason Me Cry wants to do this is so that the adjacent lot doesn't get hidden behind a fence that pushes out to the street because It fails to maintain the original from yard setback. With no other public comments relating to this hearing, at 7:23 p.m., ZPC Vice -Chair Frankel moved Mat (1) all statements, exhibits, and documents be made a pad of the oMCial record of this heading; and (2) this public hearing be continued at the next meaning of the Zoning and Planning Commission. Commissioner MCEnany setencetl the motion. MOTION PASSED. Ayes: Brown, Clark, Frankel, Griffith, McEnany, Noes: None Absent: DeSWfano, Parrkh Councilmember Yehle moved that Council suspend this hearing until further notice. Councilmember Johnson amended Me motion. MOTION PASSED. Agree: Fry, Johnson, Sample, Yeble Noes: None Absent: Heathcott Before the Zoning and Planning Commission meeting adjourned, Chair Broom encouraged residents who are interested in pursuing any of Mesa issues further to attend the ZPC meeting in the Conference Room at 6:00 p.m. this Thursday, April 11. He said the purpose of the meaning is W discuss what was heard tonight end to try to reach final reports on each of the three reports W give to City Council. At 7:25 p.m., ZPC Vice -Chair Frankel moved to adjourn Me joint pumping, Commissioner GriffiHl seconded the motion. MOTION PASSED. ni. City Council Minutes. April B. 2013 Ayes: Brown, Clark, Frankel, Grifbh, McEnany, Noes: None Absent: DeStefano, Padkh Zoning and Planning Commission meeting adjourned. 7. Consent Agenda All Consent Agenda items listed are considered to be routine by the CM Council and will be enacted by one motion. There will be no separate discussion of Mesa 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. A. City Council Minutes Approve the Minutes W March 25, 2013. B. Election Agreement with Harris County Matters related t0 an agreement between Hams County and the City of West University Place for the County 's services relative to the General Election to be held on May 11, 2013. C. Deslanntina Official Newspaper Matters related to designating the Ciys official newspaper including adoption of an ordinance. D. Rescheduling of May and June CRY Connell Meetings Matters related to rescheduling the May City Council meeting of May 27, 2013 to May 20, 2013 due to the Memorial Day Holiday and the deadline to canvass the results of the May 11, 2013 election; and, change the June 10" meeting to June 3'° in order to meet Me requirement to hold the swearing in ceremony on the first business day in June. E. Safe Digging Month Proclamation Matters related to proclaiming April 2013 as 'Safe Digging Month' in the CM of West University Place. Councilmember Johnson moved to approve the Consent Agenda as presented. Mayor Pro Tom Sample seconded Me motion. MOTION PASSED. Ayes: Fry, Sample, Johnson, Yehle Nces: None Absent : Heathoott 8. Reports by Councit5taft City Manager Ross reported that he attended the TML Board meeting in Austin on Friday for updates on the Legislative Session. He said it appears that it is not too damaging at this point and TML is hopeful that it will remain as such He said the next TML Board meeting is In June, but he will be attending his TCMA meeting later this month and TML will be In attendance at the meeting and will provide any updates at that time. Councilmember Johnson reported that she attended the Texas Municipal Leagua Regional Meeting last Thursday and received information on the Youth Advisory Council Nat many cities have. She said young high school Modems are participating and learning more about government and F•I][O Glry Council M'ou1M, April B. 2013 participating with Council and she said she would like to recommend that Council add it as goal for next year to at least research the program for the City. Councilmember Yore reported that he attended an H -GAC meeting on behalf of METRO. He said METRO brought in a consultant to explore how they can enhance their bike and ride situation. He said part of the meeting explained how bike hails are being incorporated and how proponents of cycling are trying to make their sports merge in with METRO. He said every bus now has a two -slot bike ack on the front for use on a first- come -first -serve basis. 9. Adjourn Meaning With further business. Councilmember Yehle moved to adjourn Me meeting at 7:30 p.m. Mayor Pro Tend Sample seconded Me motion. MOTION PASSED. Q ceallone ample, Johnson, Yehle a HaaMeNt 46 24 Thelma A. Lenz, City Secretary Date Ajdcrovued "®'