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HomeMy WebLinkAbout02162017 ZPC Minutes The City of West University Place 1 Neighborhood Cite Zoning & Planning Commission Municipal Building 3800 University Blvd Meeting Minutes February 16,2017 MEMBERS PRESENT: Richard Wilson, John Cutrer, Mac Jensen, Michael McEnany, David Kuykendall, Mimi Tsai and Bob Higley STAFF PRESENT: Dave Beach, Public Works Director, Martye Kendrick and Zack Petrov, Legal Counsel and Josie Hayes, Administrator Coordinator COUNCIL PRESENT: Brennan Reilly 1. Notices,Rules, Etc. Richard Wilson, Chairman, called the meeting to order at 6:19 pm. He asked the ZPC members and City Staff to introduce themselves. Richard Wilson asked staff to confirm that appropriate notices were given. Josie Hayes stated notices were posted per state and local laws. 2. Town Center provisions Review. The ZPC discussed the proposed ordinance changes to the Town Center Commercial District parking requirements. Richard Wilson made a motion to close the hearing regarding the Town Center Provisions. Seconded by Bob Higley. Motion carried.The final draft report was discussed. Richard Wilson made a motion to approve the final report with the following modifications: (1)in the Public Hearing section, strike the following words: "no major changes"; (2) insert the vote and (3) add the special exception language that is marked Exhibit (see attachment) A. Seconded by John Cutrer. Ayes: Richard Wilson, John Cutrer, Michael McEnany, David Kuykendall and Mimi Tsai. Noes: Mac Jensen. Abstain: Bob Higley. Motion carried. 3. Miscellaneous Ordinance Provisions. ZPC discussed the proposed ordinance changes regarding building site designations, definition of a school use, curb cuts and through lots. Bob Higley made a motion to go into closed executive session to discuss the City's legal position. Seconded Mac Jensen. Abstain: Michael McEnany. Motion carried. Closed Executive Session, Section 551.071 —Consultation with Attorney to receive legal advice concerning proposed ordinance amendments. At 7:37 p.m. Chairman Richard Wilson recessed the meeting to convene into executive session. Mac Jensen made a motion to close executive session and resume the regular meeting. Seconded by Bob Higley. Motion carried. At 7:54 p.m., the executive session ended per Legal Counsel, Mary Kendrick and the regular meeting began. TOP WORK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place 1 ,Vcir;hborJ1-x)cl(]in Richard Wilson made a motion to approve the recommended the proposed ordinance changes with minor modifications: (1) In the Public Hearing section, strike the language in blue that starts with"no major concerns" (2) insert the actual vote, (3)modify the language in Attachment A regarding the sunset period to read"use of a building site or any portion thereof as a school without a special exception as granted by the ZBA (4) Richard Wilson to verify the changes have been made in accordance to the form of his motion. Seconded by Bob Higley. Motion carried. 4. Comprehensive Plan Project Update. ZPC discussed the suggested proposed ordinance changes from Bob Higley regarding the Comprehensive Plan Project update. Some of minor changes suggested by Bob Higley were approved. Other changes will be brought back to the next ZPC meeting for discussion and approval. 5. Minutes. The commission reviewed the minutes of the meeting held on January 12, 2017. Bob Higley made a motion to approve the meeting minutes. Seconded by Mac Jensen. Motion carried. February 13, 2017 meeting minutes were tabled until the next meeting. 6. Executive Session (if necessary). The Commission reserves the right to at any time during the session convene in a closed session pursuant to Chapter 551 of the Texas Government Code, for reasons including but not limited to: Section 551.071 (consultation with legal counsel to seek or receive legal advice or consultation regarding pending or contemplated litigation); Section 551.087 (deliberation regarding economic development). Convene into Open Session. Take action, if any. [Adjournment] Bob Higley made a motion to adjourn. Second by John Cutrer.Motion carried. Meeting adjourned at 8:25 p.m. PASSED THIS - DAY OF , Jl 1 , 2017. 11‘)c\Presiding Offi er ATTEST: 'oc\ Mrs. Josie M.Hayes, Public Works Administrative Coordinator III TOP WORK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov Section 12-103. Losing PNC Status. (a) New principal building. If, after the 1987 effective date, a new principal building is constructed on a building site, PNC status is lost for all PNC items relating to the building site. Exceptions: (i) this does not apply to those principal buildings treated the same as structures constructed prior to a given effective date (see above): (ii) PNC status with respect to a building site dimension is not lost. (b) Conformance is achieved; discontinuation. If a PNC item is changed to conform to this ordinance for an indefinite period or for 180 days or more, PNC status is lost for that item. If a use of property is discontinued for 180 days or more (exclusive of time when actual construction work prevents the use), the use loses PNC status. (c) Loss to casualty, etc. If 51% or more of the replacement cost of a structure is lost to casualty, eminent domain, involuntary demolition or other similar cause, the structure loses PNC status. Exceptions: This does not apply to a building used for SFR purposes, except as to non-compliance with framed area regulations (i.e., in case of such a 51% or greater loss, PNC status for non- compliance with framed area regulations is lost). For this purpose, "replacement cost" is determined by standard cost levels for similar structures as most recently published by the International Code Council or similar agency. See, e.g.: the ICC internet publication of "Building Valuation Data," which provides average construction costs per square foot, by type of construction and occupancy group, with factors to modify those costs for the Houston area. The ZBA may issue a special exception to allow such a structure to be rebuilt and retain PNC status, if the ZBA finds: (i) rebuilding is necessary to avoid substantial economic waste and economic hardship, and (ii) there will be no substantial adverse effects of the rebuilt structure. The ZBA may issue a special exception to allow a structures in the TCC district, which predated adoption of the TCC district. to be rebuilt with a square footage that is substantially the same as existed at the time of loss to casualty, etc.. if the ZBA finds items (i) and (ii)above-a- , --- _•- , ' •- _- __ - -- _e- -_ - -' _••-, The TCC district and its associated standards are intended, in part. to transform the physical form and character of the Town Center commercial area from its current auto- oriented nature to a design that is more safe, convenient and appealing for pedestrians and cyclists, as well as automobiles. It is recognized that this transformation will likely occur incrementally over time through new construction or rebuilding of existing structures following a loss to casualty, etc. Therefore. in evaluating special exception requests under this section, the ZBA shall generally aim to uphold the TCC district intent by requiring compliance with all other district standards. However. the ZBA may determine that some relief is warranted due to the circumstances of a particular building site, such as the impracticality of providing vehicular access to a rear parking area in the event that on-site parking along the Edloe Street frontage was to be relocated to the rear. In such cases the ZBA may apply an alternative level of compliance for the following TCC standards that is less than full compliance but also may be more restrictive than the condition that existed at the time of loss to casualty, etc.: (1) Front, side and rear yards(setbacks). (2) Location of the principal building on the site relative to the front or rear property lines. (3) Off-street parking. 6-c . 4. to .. but--not-ill-excess-of--the--amount-required-t}y erd+nance. Otherwise, such a structure loses PNC status and may be replaced only by a new structure that conforms with applicable TCC standards at the time of the new construction. (d) Violation of special conditions. If a PNC item was specially authorized by a zoning ordinance of the City or by a special exception, variance, permit or other authorization, and if the terms or conditions of the authorization are violated, the item loses PNC status. (e) Degree of nonconformity increased. A PNC item loses PNC status to the extent that the degree of nonconformity is increased (or to the extent that the non-conforming area is expanded). Exceptions: (1) This provision does not apply to the initial work on those structures treated the same as structures in existence on a given effective date pursuant to the provisions of this Article (i.e., "work under construction" and "other committed work"). (2) If a principal building in a SF District acquired PNC status on an effective date because of a non-conformity with a new side setback or side yard requirement on one side of the building site, the building does not lose its PNC status with respect to that specific nonconformity (on that same side of the building site) if the nonconformity is expanded or increased as a result of a remodeling project and the gross floor area of the principal building has not increased to 200 percent or more of its gross floor area on the given effective date. A principal building so remodeled has the same PNC status as the original building with respect to the side setback or yard requirement on the same side of the building site where the original nonconformity was located, but this does not apply to any new nonconformity (on the other side or elsewhere). (3) If the PNC item is a shortage in off-street parking spaces serving a building, PNC status is not lost by a change in the building if the increase in the number of required spaces resulting from the change is provided, on an incremental basis.