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HomeMy WebLinkAbout04122018 ZPC Agenda Item 2 Memo To: Zoning and Planning Commission From: Debbie Scarcella,City Planner Date: April 6,2018 Re: Staff Report for Application for Rezoning ATT Site Applicant's Request The owner of the property located at 6707 Academy behind the ATT building)at the corner of Ruskin Street and Academy is requesting a rezoning of a portion of the parking lot area,more specifically Lots 1-4 of Block 25, Collegeview Section 1. The request is to change the zoning designation from Third Single Family (Detached) (SF3)to Second Single Family Planned Development District(PDD-SF2). Background The parking lot located behind the ATT building and the Whole Foods shopping center on Bellaire is actually located in a single family zoning district. ATT owns six lots and the shopping center owner owns four lots that all front on Ruskin St. The parking lots have been authorized to be there since 1970 for lots 1-4 and since 1975 for lots 5-10. Initially lots 1-4 and 5 &6 were owned by Southwestern Bell(now ATT)and authorized for use by SWBT employee vehicles and company service vehicles. Lots 7-10 were authorized for employee parking only for the owners of the Whole Foods center. Lots 1-4 are located in an SF3 district and lots 5-10 are located in a PDD- SF2(formerly PDD-TH6 or Ruskin Townhome District). The applicant is asking that lots 1-4 be rezoned to match lots 5 and 6,which they own and use for the same purposes as lots 1-4. In researching the city records it appears that the Ruskin Townhome district (eventually evolving into the PDD-SF2 district) was established in November of 1974. It was a provision in an ordinance that established six different townhome districts around the periphery of the city. This ordinance included lots 5-10 of the lots fronting Ruskin. At that time, the parking lot had already been established on Lots 1-4 and so was not included in the rezoning at that time. In subsequent updates, the zoning classification was renamed, but the boundaries were not changed. In all likelihood the boundaries should have been changed to include lots 1-4 in order to create a zoning district that was cohesive since the uses of the properties were the same. This request is mostly the result of a string of actions taken beginning in 2015. The Administrative Official was requested to issue an AO decision as to whether the activities occurring in the ATT parking lot were allowed activities. A series of appeals and applications for relief by ATT and a neighbor resulted in a number of ZBA meetings during 2016. At the crux of the first several hearings and decisions was whether or not the parking ordinances also authorize what zoning calls accessory or "incidental" uses. These are uses that are generally customary or necessary to the function of the business. Such as a food pantry is incidental to a church; a storage closet or break room is incidental to an office building; loading or unloading food for delivery to a restaurant, and others. A PDD-SF2 is essentially the same as an SF3 zoning district. The main difference is a note that authorizes the ZBA to grant a special exception for parking in conjunction to a nearby adjoining business activity. There are limits to what the ZBA can authorize. The applicant is hoping to change the designation to match the other lots. There has also been suggested some clarifying and limiting language regarding specifying incidental uses for the site. Staff Recommendation Staff recommends approval of a preliminary report to forward to City Council for the purpose of calling for a joint public hearing on this matter. i w I IS i D, II ! I— a 1 0 _ 4 s u otioi s am a i mt.,. mibimm mom mom =la w r. N Q 1t C) v "` Z N� 0 E E E E E z 1 LL. 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You also raised issues related to the specific subjects to be discussed at the ZPC meeting, the classification of the ZPC meeting, and you have requested to be designated as an interested party. I have addressed each of the issues raised in your email and the interested party designation below. Issue#1: The notice was not given prior to 10 days before the meeting The ZPC cannot honor your request to reschedule Agenda Item #2 based on this contention because the notice was in fact properly given 72 hours prior to the open meeting in accordance with the Texas Open Records Act (the "Act") and the ZPC Rules of Procedure. Keep in mind that the notice requirement for an open meeting differs from the notice that is required for a hearing on a proposed change in zoning classification. The Act requires that the notice for each open meeting of a governmental body be posted on a bulletin board at a place readily accessible to the public at all times in the county courthouse, school district's central administrative office, or various locations for districts or political subdivisions that extend into a certain number of counties. A city can post its notice on a physical or electronic bulletin board at a place readily accessible to the public at all times in the city hall. The notice must be posted for at least 72 hours before the scheduled meeting. Certain governing bodies that maintain an Internet website are required to concurrently post a notice or an agenda on the Internet. Once those governing bodies make a good-faith attempt to post their notice on the Internet for the required time, the governing bodies satisfy the requirement of having the physical posting accessible to the public at all times, and the physical posting only has to be readily accessible to the public during the governing bodies' normal business hours. The City posted notice of the ZPC meeting on a physical bulletin board at a readily accessible place at City Hall and on the City's website 72 hours before the scheduled meeting on April 12, 2018; therefore notice was properly provided and the same did not violate Texas Local Government Code Section 211.0075,nor the ZPC Rules of Procedure. In addition, the City went 2929 Allen Parkway Suite 3150( Houdton,TX 77019 Office:(713)489-8977 www,JollnsonPetrov,coiii Fax: (713)358-3530 Mr. Robert Grossman April 11, 2018 Page 2 above and beyond the legal requirement for notice by also mailing a notice directly to persons who might be interested in the item. In the event the ZPC Board determines, after the presentation related to Agenda Item #2, that a hearing on the matter is appropriate, then Section 211.007(c) of the Texas Local Government Code will apply and the 10-day notice will be given to each property owner as set forth in Section 211.007(c) of the Texas Local Government Code. Issue #2: The notice failed to inform the property owners that the application included a change in use for all lots that are zoned PDD SF2 The application related to Agenda Item #2 requests that Lots 1-4, Block 25, Collegeview Section be changed from SF3 to PDD SF2 (consistent with its abutting Lots 5&6) and that Note 5 of Table 7.1 regarding the Special Exception be clarified to permit Parking Use in PDD-SF2. The notice provides, in summary, that Agenda Item #2 will include the presentation of a rezoning request for Lots 1-4, Block 25, Collegeview Section, matters related to the same, and the possible preliminary report to City Council. Pursuant to the Act, the subject of the posted notice has to be sufficient to alert the public, in general terms, of the subjects that will be considered at the meeting. The Act only requires the subject of a posted notice to be in general terms, not specific terms. The general terms used in the notice are sufficient to alert the public as to the subjects to be discussed at the April 12, 2018 ZPC meeting because the clarification of Note 5 is an ancillary matter (not a separate matter) related to the request for the change in the zoning designation to PDD SF2. Therefore, the use of the general terms "matters related to" rezoning from SF3 to PDD-SF2 is sufficient under the requirements of the Act. Issue#3: The notice fails to describe the agenda item as a hearing for a change in zoning The notice properly described Agenda Item #2 as a presentation, from a procedural standpoint, because the applicant is required to submit an application for consideration by the ZPC to determine whether or not a hearing is appropriate based the substance of the application. We are not at the hearing stage of the application process yet, so the description of the Agenda Item #2 as a presentation is appropriate. In the event the ZPC determines that a hearing on this matter is appropriate, then the property owners will have sufficient time to prepare thorough and non- duplicative remarks in support or opposition of the applicant's request(s). Interested Party Designation Interested Party designations are granted in quasi-judicial proceedings, because the presentation of the application for consideration by the ZPC is a legislative proceeding, and not a quasi- judicial proceeding, there is no interest party status to grant. t00196104.docx) Mr. Robert Grossman April 11, 2018 Page 3 Should you have any questions about this response,please feel free to contact City staff. Very truly, Alan P. Petrov City Attorney APP/mlr cc: Mr. Dave Beach(via email) Ms. Debbie Scarcella(via email) Ms. Martye M. Kendrick(via email) {oo196104.docx} City of West University Place Development Services 3826 Amherst Street West University Place,Texas 77005 Phone: 713-662-5833 Fax: 713-662-5304 CUSTOMER RECEIPT Operator: Mike Morris Date: 03/01/2018 Receipt no: 114667 Tender Detail Classification: Project Name: Paid by: WCG (Item (Description [Payment (Reference Paid PZ-18-00001 Replat/Plat Application (ZPC) CHECK 24650 $500.00 6707 ACADEMY ST /Total: $500.00] Transaction Date: 03/01/2018 Time: 12:52:05 CST WILSON CRIBBS + KATHERINE 0. SERMAS Attorney at Law 2500 Fannin Street 713.222 9000 main Houston Texas 77002 713 229 8824 fax 713 547 8540 direct masAwcgiaw corn March 1, 2018 Via Messenger City of West University Place 3826 Amherst West University Place, TX 77005 Attn: Debbie Scarcella RE: Application for Rezoning Dear Ms. Scarcella: Please find enclosed our firm check in the amount of $500.00 for the above referenced on behalf of Southwestern Bell Telephone Company d/b/a AT&T Southwest, AT&T DataComm, and AT&T Texas. Please call with any questions. Very truly yours, WILSON, CRIBBS & GOREN, P.C. Katy Sermas KOS/mg G\CLIFNTS\1001T0021REZONING TO PDD SF2VCITY OF WEST UNIVERSITY PLACE LT-2 DOCX Enclosure WILSON + GOREN KATHERINE O. SERMAS Attorney at Law 2500 Fannin Street 713.222.9000 main Houston, Texas 77002 713.229.8824 fax 713.547.8540 direct ksermas @wcglaw.com February 28, 2018 Via Messenger City of West University Place 3826 Amherst West University Place, TX 77005 Attn: Debbie Scarcella RE: Application for Rezoning Dear Ms. Scarcella: Please find enclosed the completed Application and our firm check in the amount of $500.00 for the above referenced on behalf of Southwestern Bell Telephone Company d/b/a AT&T Southwest, AT&T DataComm, and AT&T Texas. Please call with any questions. Very truly yours, WILSON, CRIBBS & GOREN, P.C. bra Katy Se as KOS/mg G\CLIENTS\1 001 7100 21CITY OF WEST UNIVERSITY PLACE LT DOCX Enclosures Application for Rezoning from R-3/Parking Lot to PDD TH-SF2 At&T Parking Lot on Lots 1-4, Block 25 Collegeview Section One AT&T Facility Parking Lot Executive Summary: AT&T requests 2 zoning changes: Lots 1-4, Block 25, Collegeview Section One from SF3 to PDD SF2 (consistent with its abutting Lots 5&6), and clarifying changes to Note 5 of Table 7.1 regarding the Special Exception permitted therein for Parking Use in PDD-SF2. These 6 lots are the AT&T parking lot at the SE corner of Ruskin and Academy (the "Parking Lot") used ancillary, accessory and supportive to the adjacent AT&T building at 6707 Academy/4068 Bellaire (in the C-Commercial zone). The Parking Lot is subject to special parking lot zoning by City Ordinances No. 932 and 1039, as shown on the City Zoning Map (Exhibit B). No buildings are allowed. An unusual series of actions in 2016-2017 by the Zoning Board of Adjustment (the "Board") have addressed the Parking Lot resulting in controversy and confusion as to the proper use of the Parking Lot, and the extent of authority of the ZBA regarding the Parking Lot. Approval of these requests will unite the Parking Lot in one zoning district (which AT&T and current City Staff believe was the original City intention) and clarify the authority of the Board under its existing Special Exception for Parking Use in PDD-SF2. Thereafter, AT&T intends to request such a Special Exception from the ZBA to permit limited uses consistent with the support of its adjacent building, but not inconsistent with the location of the Parking Lot near residential homes. History of AT&T Location: AT&T (previously known as Southwestern Bell) has owned its West University facility, including the Parking Lots for decades. For many years, it was the most valuable property in the City, and thus, the highest tax payer. Today, it continues to be among the highest tax payers in the City. The first (and continuing) use is a telephone switching facility (1940), a critical AT&T facility. This facility serves the MOhawk exchange. In prior time, the area phone numbers began with MO to dignify the MOhawk exchange. When phone numbers changes to be numeric, area numbers all began with 66, being the numbers corresponding on a phone dial to M and O. In 1956, the facility was expanded as space for support services and offices. A variety of specific uses have been housed there, most consistently service vehicles for AT&T telecommunication devices (originally telephones and now internet service and related hardware). The number of employees who office at the facility has ebbed and flowed over time with the change in types of service and technology. While the precise use has changed over the years, the use has always been commercial. Service personal and related service vehicles have been a primary use of the Building. The only change is that the type of telecommunication devices has changed due to technological progress. 1 In the late 1960's, many employees worked at this location, creating a parking issue with the surrounding residential streets. The City intervened and asked AT&T for a solution. AT&T acquired 4 adjacent residential lots in 1970 for the purpose of installing the Parking Lot. AT&T later expanded the Parking Lot with 2 additional lots in 1975. A site plan showing the current configurations of the land, building and the Parking Lot is attached as Exhibit A. Per the City of West University Place's Zoning Map, attached hereto as Exhibit B, the building is in the C-Commercial Zone. The Parking Lot is divided between 2 zones, and are subject to special City Ordinances No. 932 and 1039 (the "AT&T Ordinances") specifically adopted by the City to permit use as parking by AT&T. At the time of adoption, that area was zoned for single family housing only. Copies of the ordinances are attached hereto as Exhibit C. Lots 1-4 are currently zoned as Residential SF3 and lots 5 and 6 are zoned PDD SF2. When the City passed it comprehensive rezoning in 1986, the AT&T Ordinances were intentionally brought forward and are specifically referenced on the City Zoning Map. The AT&T West University facility was constructed, expanded and extensively renovated based on various approvals issued by the City. The current uses are AT&T UVERSE operations and telecommunication switching facility for the MOhawk exchange area. The Parking Lot supports the functions. This facility is critical for AT&T and supports high quality telecommunications for the City of West University Place and surrounding areas. AT&T has enjoyed a long, positive relationship with the City, and has endeavored to be a good corporate citizen. ZBA Appeal In recent years, a resident of the 4100 block of Ruskin St., across Academy from the entrance to the Parking Lot, began filing numerous complaints with the City objecting to AT&T activities within the Parking Lot. AT&T met numerous times with the City and modified its facility and operations to accommodate the neighbor. The City always acknowledged AT&T's right to use and occupy the Parking Lot for uses ancillary to the AT&T operations in the C-Commercial zoned building, such as the use of a trash dumpster, recycle bins, access to the loading dock, ferrying equipment to and from AT&T repair vans, and related activities common to commercial parking lots. Mr. Grossman had requested that the City determine whether the activities of loading, unloading, and stocking of AT&T service vehicles with daily work supplies and the temporary inventorying of such supplies in the Parking Lot are allowed uses. On April 7, 2016, the City correctly issued a Formal Decision of the Administrative Official (the "City Decision"), signed by Ms. Debbie Scarcella, the City Planner, a copy of which is attached hereto as Exhibit D. In the City Decision, the City correctly determined that because the ordinances governing the Parking Lot allowed the parking of vehicles owned by AT&T (then known as Southwestern Bell Telephone Company) and/or its employees that, "[i)t is expected that the loading/unloading and stocking of AT&T service vehicles would necessarily occur on the site designated for parking such vehicles." The City Decision is a reasonable and proper interpretation, and is consistent with prior use of the Parking Lot (and the City's long time prior interpretation). On April 18, 2016, Mr. Robert Grossman, 4103 Ruskin, appealed to the Board, requesting that the Decision be reversed based solely on the use of the word "only" in the Ordinances. See Exhibit E. 2 On June 23, 2016, the Board heard the appeal, and after a lengthy hearing, reversed the City Decision by 4-1 vote, with the Chair, a Public Law specialist, voting to uphold the City Decision. Those voting against were not lawyers, nor knowledgeable in public law. A major issue in the reversal was the problem with the wording of the City Decision, which did not place any limits on the activities. Mr. Grossman described the facility as a "warehouse", which it untrue. Because the matter before the ZBA was Mr. Grossman's appeal of the Decision, not a variance or special exception, there was no discretion for the ZBA to approve the Decision with conditions. Under this tight procedural constraint, the ZBA reversed in a late night vote. AT&T requested a rehearing, as permitted by the Board's rules. See Exhibit F. On July 28, 2016 the rehearing was held and new evidence introduced by AT&T. Testimony by the supervisor of the AT&T UVERSE service crews demonstrated i) the facility is not a warehouse (an incorrect allegation made by Mr. Grossman), ii) that vehicle inventory shown in pictures entered into evidence at the June 23, 2016 hearing occurs infrequently, and iii) the typical hours for AT&T UVERSE service crews are limited. The new evidence also included the testimony of John Neighbors, the Mayor Pro-Tem who chaired the City Commission meeting where Ordinance No. 932 (authorizing parking lot use) was passed, to show the intention of the City Commission to permit the type of uses approved in the City Decision. Mr. Neighbors supported the Decision and a transcript of Mr. Neighbor's testimony is attached as Exhibit G. As with the underlying appeal hearing, the Board denied Plaintiff's request for rehearing, again by a 4-1 vote. On July 26, 2016, the Board entered in its records, its order reversing the Decision, a copy of which is attached as Exhibit H. No specific reasons supporting the reversal of the Formal Decision are stated. The decision by the Board on July 26, 2016 was final and appealable, and due to a quirky zoning law, must be appealed within 10 days of when entered into the Board's record. Solely to protect its legal rights, AT&T filed a Petition for Writ of Certiorari against the Board on August 4, 2016, to obtain judicial review of the order of the Board, as provided in Texas Local Government Code Section 211.011. Following the appeal, attorneys for AT&T and the City agreed not to focus on the lawsuit, but to discuss possible settlement strategies. The illness of the City Planner delayed discussions deep into 2017. The parties mediated the appeal on January 30, 2018 and as a result of that mediation, AT&T is filing this rezoning in an attend to provide a formal process for the Board to issue a Special Exception to permit Parking Use for the Parking Lots with reasonable limitations and conditions. Rezoning Analysis- SF3 to PDD SF2 By rezoning Lots 1-4, Block 25 Collegeview Section One to PDD SF2, the City would finally clean up the past legislative history which has consistently tried to allow AT&T to use those lots for parking, and ancillary parking. The east 1/3rd of the Parking Lot is already zoned PDD SF2. This is the same zoning district as the adjacent Whole Foods center parking lot. There is no reason for the 2 parking lots to be zoned or treated differently. City Staff cannot explain why the Zoning Map shows the Parking Lot in 2 zones. This is believed to be a mistake. Including the entirety of the Parking Lots in PDD SF2 permits the Board to issue a Special Exception for Parking Use. Special Exceptions may be issued with conditions and limitations, which would be helpful to the Board in this instance. Rezoning these four lots would provide clarity and reduce any confusion on what is permitted within the Parking Lots. The Parking Lot is already zoned by the AT&T Ordinances as Parking Lot, but those ordinances are ambiguous. 3 This rezoning does not extend commercial use into residential areas. This area is already zoned and used as commercial parking lot. Proposed Revisions to Table 7.1, Note 5 AT&T also requests clarifying language regarding the use of the Parking Lot pursuant to a Special Exception, by amendment to Table 7.1 Note 5. Note 5 is show below with the proposed additional language bolded and underlined: "Note 5 Parking and Incidental Use in PDD-SF2. The ZBA may issue a special exception to authorize parking of motor vehicles and/or incidental uses in connection with nearby commercial activities on land under common ownership, upon approval by the ZBA of Li) the types of vehicles, design of parking facilities (including landscaping, paving, lighting, fences or walls, signs, vehicles), design of parking facilities (including landscaping, paving, lighting, fences or walls, signs, etc.) and curb cuts, and/or (ii) the types and nature of incidental uses, all of which may be included as site-specific conditions of the special exception." This revision clarifies the Board's authority to issue, when it determines it is appropriate, a Special Exception to allow not only parking, but also incidental uses of the parking area, provided those incidental uses may be limited by the Board as to the type and nature of the uses. This revision would potentially allow the ZBA to permit AT&T employees to not only park vehicles, but, for example, to also carry items to and from their vehicles and the AT&T building, carry trash from their vehicles to the permitted dumpster and recycling bins, and other ancillary activities which would be limited and permitted specifically in the Special Exception. Special Exception Protections for Residential Neighbors AT&T desires to be a good corporate citizen and has endeavored to operate its West U facility in a manner which is consistent with West U ordinances and adjacency to single-family residential homes since 1940. Recently, AT&T installed a six foot solid masonry screening wall along Academy and Ruskin with landscaping and additional trees along Ruskin. AT&T also installed a solid gate on Academy. If the rezoning is approved, AT&T intends to request a Special Exception permitted Parking Use in the Parking Lot, which would include the certain incidental parking related uses: 1. Vehicles owned or rented/leased to AT&T and its employees (i.e. not customers) may be parked in the parking lot. 2. Items used by AT&T service technicians in the normal course of providing services to AT&T customers may be carried to and from vehicles daily, except Sunday, between 7 am and 12 pm. Only 2 wheeled dollies or small 4 wheeled carts are permitted. 3. Trash, litter and materials for recycling may be carried from vehicles to the waste area in the parking lot or to the adjacent commercial buildings. 4. Items in an AT&T service vehicle may be sorted and organized once per month, provided that no more than 15 vehicles may perform this activity at one time, the activity may not extend for longer than 2 hours, and the activity may not occur after 7pm. 4 5. AT&T employees may carry food for meals and personal items to and from vehicles. 6. AT&T employees may eat food in vehicles. 7. AT&T employees may "cat nap" in vehicles during normal business hours. 8. AT&T employees may use their mobile phones in vehicles. 9. Personal property items in a vehicle may remain in the vehicle while parked. All but item No. 1 are prohibited by the Board's order. This Special Exception would continue only so long as the AT&T facility is under common ownership. Formal Request: AT&T respectfully requests rezoning of Lots 1-4, Block 25, Collegeview Section One to PDD SF2 and amendment of the language in Table 7-1, Note 5 so that the Zoning Board of Adjustment can issue Special Exceptions for parking lots and provide specific, limited ancillary, accessory and supportive uses that are permitted within the parking lots. 5 Respectfully submitted, Wilson, Cribbs + Goren :y: Reid C. Wilson Counsel for AT&T Exhibits: Exhibit A—Site Plan Exhibit B—Zoning Map Exhibit C—AT&T Zoning Ordinances Exhibit D—Formal Decision of the Administrative Official Exhibit E—Appeal of the Formal Decision Exhibit F—AT&T Request for Rehearing Exhibit G—Transcript of John Neighbor's Testimony Exhibit H—ZBA Order Reversing the Formal Decision 6 AT&T Parking Expansion of PDD-SF2 zoning to Entire Parking Area SF3 PDD-SF2 Current Zoning Lots 1-4 Lots 5-6 (& Whole Foods Parking Lot) Use permitted* SF detached same Other uses prohibited* Yes same Special uses permitted by SE High Density Occupancies(church) same (Note 1-Table 7-1) Lot dimensions 50'w x 100' d (5000 sq. ft.)-existing lots same 75' w x 110' d (7875sq. ft.)- new lots same Setbacks 20-30' (front) depending on lot depth same 10%of width w/5' min (side) same 20' (rear) same *Parking permitted Yes Yes+ Ord. 932 & 1039 +SE- Note 5, Table 7-1 "A parking lot for the parking of Vehicles owned by Southwestern "parking in connection Bell Telephone Company and or with nearby Its employees..." commercial activities..." (Specified screening required) (conditions authorized) Changes to Note 5,Table 7-1 "Note 5 Parking and Incidental Use in PDD-SF2. The ZBA may issue a special exception to authorize parking of motor vehicles and/or incidental uses in connection with nearby commercial activities on land under common ownership, upon approval by the ZBA of the types of vehicles, design of parking facilities (including landscaping, paving, lighting, fences or walls, signs, vehicles), design of parking facilities (including landscaping, paving, lighting, fences or walls, signs, etc.) and curb cuts, and/or (ii) the types and nature of incidental uses, all of which may be included as site-specific conditions of the special exception." (underlined text proposed to be added° Formal Decision of the Administrative Official (4/7/16) issued by Debbie Scarcella, West University Place Administrative Official- "...the loading/unloading and stocking of AT&T service vehicles would necessarily occur on the site designated for parking such vehicles. The Parking Ordinances [Ord. 932 & 1039] focus on the types of structures not allowed in the Parking Area, but do not prohibit activities which are incidental to the parking of service vehicles. Because the questioned activities are interrelated with parking and not prohibited by the Parking Ordinances, they are authorized concomitantly with the authorization for the parking of AT&T service vehicles in the Parking Area. Therefore, the activities of loading/unloading and stocking AT&T service vehicles and the temporary inventorying of supplies are allowed uses in the Parking Areas." (emphasis added) ZBA overturned this decision (7/26/16) (Chair Sandy Hellums-dissenting) AT&T appealed to 127th District Ct. of Harris County-Cause No. 2016-51800 AT&T position is supported by testimony of John Neighbors (Mayor Pro Tern at the time of Ord. 932) stating that incidental uses relating to the parking was contemplated at the time, and the Formal Decision was correct. Exhibit "C" ORDINANC: !TIMBER 93V AH ORLINANCE AMENDING CIIDIVASCE NUMBER 111 OF THE CITY OF JEST UNIVERSITY PLACE, TEXAS, BY PERMITTING LOTS 1, 2, 3, and a, BLOCK 25, COT,T,EGEVIEN FIRST ADDITIOii, CITY OF WEST UNIVERSITY PLACE, TEXAS, TO BE USED FOP PARKING PURPOSES S EJECT TC VARIOUS RESTRICTIONS; AN PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF TIP, CITY OF WEST UNIVER- SITY PLACE. TEXAS: SECTION 1. That Ordinan,:e number 111 cf tl-e City of vilest Univer- sity Place, Texas, be and it is herebj amended by the adiit' n theret, of Section 24C, immediately follcwing Section 24B, which sad Section 24C shall read as fellows: °Sec+ion 24C. Lots 1, 2, 3 and 4, Block 25, C 'llegeview First Addition, City of West University Place, Texas, shall be used for the follow- ing purposes and no o'ners: A. A use that corforms in all respects t he reluirements as to the use, lot size, location of main and accessory build- ings, frontage, setbacks and size of main and accessory build- ings, in Single Family Dwelling District Number VIII-A. B. A parking lot for the parking of veh:eles owned by the South- wes'-ern Bell Telephone Company and or i+s employees and wher used for such purposes no s'ruc+ures of any kind shall be constructed on said parking lot, except signs as provided in Seccion C-(7) of this ordinance. C. The use of said lots as a parking lot shall be conditioned upon compliance with the following regulations, t -wit: (1) No entrances or exits shall ae allowed on the Ruskn Street side of the parking 1 t. All entrances and exits shall be on Academy Street. (2) A hedge shall be planted along the entire width of tle parking lot on Ruskir. Street and along the Academy Stree' side of the parking lot in compliance with Article V, Section 20.72 through and including Section 20.75 of the Code of Ordinances Lf the City of West University Place, Texas (Ordinance number 741). 128 (3) An opaque fence or wall shall be constructed on the east property line of Lot 4, beginning at the setback line of Lot 5, which is 20 ft. , preceding south along the east property line of Lot 4, thence west along the south property line of Lot 4 and a portion of Lot 3, to its intcrscction with the east property line of South- western Bell Telephone Company's existing property, such fence or wall to be a minimum of six (6) feet in height and a maximum of seven (7) feet in height, from ground level. If, in compliance with the aforesaid provision, the owner of the parking lot desires to erect a masonry wall, such wall shall be constructed in accordance with specifications for "masonry walls" in the Code of Ordi- nances of the City of West University Place, Texas. (4) There shall be a minimum of two (2) feet from the property line to the edge of the parking surface. (5) All parking area shall be paved with a stabilized all-weather surface, or concrete, provided, however, no concrete paving shall be placed over existing sanitary sewer and water lines in the reserved twenty (20) foot strip. (6) If light is provided, it shall be of the type which will illuminate the parking lot only. (7) Signs for the purpose of identifying the property shall not exceed six (6) square feet in area and shall be re- stricted to locations at entrances and exits and if illu- minated shall be a constant light source and not to be intermittent or flashing light." SECTION 2. This Ordinance shall be in full force and effect immediately from and after its passage and approval by the Mayor. PASSED AND APPROVED this 26th day of January, 1970. Commissioners Voting Aye: All Commissioners Voting No: None 4 ' ./I 4`' Ma or ATTEST: Assistant City Secretary ORDINANCE NUMBER 1039 AN ORDINANCE AMENDING ORDINANCE NUMBER 111 OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY PERMITTING LOTS 5, 6, 7, 8, 9 AND 10, BLOCK 25, COLLEGEVIEW FIRST ADDITION, CITY —1 OF WEST UNIVERSITY PLACE, TEXAS, TO BE USED FOR PARKING PURPOSES SUBJECT TO VARIOUS RESTRICTIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1 . That Section 24C of Ordinance Number 111 of the City of West University Place, Texas'be,' and it is hereby amended so that hereafter said Section 24C shall read as follows: "Section 24C. Collegeview First Addition; Block 25, Lots 1-10, Re- strictions. A. A use that conforms in all respects to the requirements as to the use, lot size, location of main and accessory buildings, frontage, setbacks and size of main and acces- sory buildings, in Single Family Dwelling District Number VIII-A. B. Lots 1 , 2, 3, 4, 5 and 6 may be used as a parking lot for the parking of vehicles owned by the Southwestern Bell Telephone Company and/or its employees. Lots 7, 8, 9 and 10 may be used as a:parking lot for the parking of passen- !` ger vehicles. All other vehicles are prohibited. When such lots are used for the purposes of parking, no struc- tures of any kind shall be constructed on said lots except as provided in Section. 0 below. "Passenger" vehicle is defined for the purposes of this Section as any vehicle designed and ,used primarily for the transportation of passengers and having a maximum gross vehicular weight of 6,000 pounds. C. The use of said lots as a parking lot shall be conditioned upon compliance with the following regulations, to-wit: 1 . No entrance-exit shall be permitted onto Ruskin Street from Lots 1 , 2, 3, 4, 5 and 6. The size, number and location of curb cuts for entrance-exit onto Ruskin Street and Weslayan Street from Lots 7, 8, 9 and 10 shall require approval of the City Commission upon application by the owners of such lots, if and when such lots are used for parking purposes. 2. A hedge shall be planted and/or an opaque fence or wall constructed with a minimum height of 32' and a maximum height of 42' on the property line bordering Ruskin Street and Weslayan Street and bordering the 1.1$ line of any adjacent lots which are not used for park- ,., i ng purposes. The type of hedge or wall located on the south line of the lots, if any, shall be subject to the approval of the Chief of the Fire Department. If, in compliance with the aforesaid provision, the owner of the parking lot desires to erect a masonry wall , such wall shall be constructed in accordance with specifications for "masonry walls" in the Code of Ordinances of the City of West University Place, Texas. 3. There shall be a minimum of two (2) feet from the property line to the edge of the parking surface. 4. All parking area shall be paved with a stabilized all-weather surface, or concrete, provided, however, no concrete paving shall be placed over existing sanitary sewer and waterlines located in the easement area. 5. Sufficient light shall be provided to adequately illuminate such lots and shall be'of the type which will illuminate the parking lot only. 6. Signs for the purpose of identifying the property shall not exceed six (6) square feet in area and shall be restricted to locations at entrances and } exits and if illuminated shall be a constant light source and. not to be intermittent or flashing light." Section 2. This ordinance shall be in full force and effect immedia- tely from and after its passage and approval by the Mayor. PASSED AND APPROVED this 26th day of May, 1975. Commissioners Voting Aye: All Commissioners Voting No: None 4/' /-/d.1 ayor ATTEST: ?1'64.-,c6. Assistant City Secretary f ! Exhibit "D" rilThe City cif NV'cst University Place ....) . i Ncigh lwn-hood Citi Office of the Administrative Official City of West University Place,Texas("City") FORMAL DECISION OF THE ADMINISTRATIVE OFFICIAL Address of the building site: 4068 Bellaire Boulevard, 6707 Academy Street and "0" Ruskin Street (Lots 1-6, Block 25 of Collegeview Section 1), City of West University Place, Texas 77005. The building site is shown in the diagram below (not to scale): 111 I art atJO ar s.2 40C23 4412$ 44M 4J15 4r L m' arms I j iller RUSKIN STREET 1 I re"TA fr / I 1 I Building site I w. BY° Y I— TO V! Z t:f,41lrNE PC AL >- V J BELLAIRE BLVD. Owner: SOUTHWESTERN BELL TELEPHONE COMPANY DBA AT&T Southwest,AT&T DataComm,AT&T Texas("AT&T") 208 South Akard Street, Ste 3608 Dallas,Texas 75202 Decisions Requested: Determine whether the activities of loading/unloading and stocking of AT&T service vehicles with daily work supplies and the temporary inventorying of such supplies in the designated parking area(which is on the north portion of the building site,adjoining Ruskin)are allowed uses. 0{00178244.DOC3} A0 Decision ATT Facility Page 1 TOP 3800 University Boulevard I West University Place, TX 77005 1 www.westutx.gov 01 C., 1 l City of West LTrtiVerSit\' Place . t .1'ci4-hborh Xud C111 o Ordinance Reference: Zoning Ordinance ("ZO") of the City of West University Place, Texas, as amended. See Sections 7-101 (Table 7-1). See, also, City of West University Place Ordinance Nos. 932 and Ordinance 1039, adopted in 1970 and 1975, respectively, which rezoned and authorized the use of Lots 1-6 on the building site for parking(the"Parking Ordinances"). Administrative Official's Findings: The ZO directly regulates most activities on the building site. The building site is split among three different zoning districts. The south part, adjoining Bellaire Boulevard, is in the Commercial "C" District. Four of the lots on the north, adjoining Ruskin, are in the Single Family "SF-3" District, and two are in the Planned Development District-Single Family "PDD-SF2" District(formerly known as the PDD-TH6 District). On all six of the northern lots, which comprise the parking area in question (the "Parking Area"), commercial uses are normally prohibited by Section 7-101, Table 7-1 of the ZO.' However, the Parking Ordinances expressly authorized the Parking Area to be used as a parking lot for parking of vehicles owned by AT&T and its employees. The Parking Ordinances further indicate that"when such lots are used for the purposes of parking" then the Parking Area is subject to the alternate regulations set forth in Section C of the same, thereby recognizing the need to differentiate the property when used as a parking lot versus as single family residential. The Parking Area was effectively rezoned making parking the principal use of the Parking Area and directly tying the use of the Parking Area to the adjacent commercial AT&T property. Currently, the AT&T employees park their service vehicles in the Parking Area and bring supplies out of the building to the vehicles. The supplies are brought out of the building on dollies and handcarts down a service ramp leading from a back door and platform. The platform and ramp are contained within the commercially zoned property. At times, the supplies from within the vehicles are brought out of the vehicle so that an inventory can be taken and new supplies brought in to restock the service vehicles. Administrative Official's Decision: The parking of AT&T service vehicles in the Parking Area is authorized by the Parking Ordinances,which specifically tied the use of the Parking Area to the use and ownership of the adjacent commercial property. Service vehicles are required to have specific equipment and supplies in order to serve their intended purpose. It is expected that the Table 7-1 indicates that"utility or service use"is allowed. However,the questioned activities are not covered by the definition of that use in Section 2-102 of the ZO. Because Lots 5 and 6 are in the PDD-SF2 District,Table 7-101,Note 5 allows the Zoning Board of Adjustment to issue a special exception to allow non-residential parking on those two lots,subject to conditions. No such special exception has been reported or found. 0 {00178244.DOC3} AO Decision ATT Facility Page 2 TOP P c:ss : 3800 University Boulevard ( West University Place, TX 77005 I www.vvestutx.gov • 0 C. The City of\Vest University Place in.) . 1 .A'c1::4-1thoI1Y ncl(,iti loading/unloading and stocking of AT&T service vehicles would necessarily occur on the site designated for parking such vehicles. The Parking Ordinances focus on the types of structures not allowed in the Parking Area, but do not prohibit activities that are incidental to the parking of service vehicles. Because the questioned activities are interrelated with parking and not prohibited by the Parking Ordinances, they were authorized concomitantly with the authorization for the parking of AT&T service vehicles in the Parking Area. Therefore, the activities of loading/unloading and stocking AT&T service vehicles and the temporary inventorying of supplies are allowed uses in the Parking Area. Effective Date & Appeals: This decision takes effect on the date it is signed. Persons listed in Section 211.010 of the Texas Local Government Code may appeal this decision. Appeals(including the deadline for filing of appeals)are subject to and governed by applicable rules,ordinances and laws,including: (X)Zoning Ordinance, (X)Chapter 18,Code of Ordinances, (X) Zoning Board of Adjustment "Rules of Procedure." IMPORTANT: Article II, Section 3 of the Rules of Procedure generally requires that appeals be filed on or before the tenth City business day following the date the Administrative Official "enters an order, ruling, decision, or determination that is the subject of the appeal . . . ." UNLESS APPEALED AS PROVIDED ABOVE, THIS DECISION WILL BECOME FINAL. IF APPEALED, THIS DECISION CAN BE REVERSED, MODIFIED OR AFFIRMED BY THE ZONING BOARD OF ADJUSTMENT. NOTHING IN THIS DECISION CREATES ANY VESTED RIGHT OR PROPERTY RIGHT, BUT INSTEAD, ALL SITES, USES AND ACTIVITIES REMAIN FULLY SUBJECT TO THE REGULATORY AUTHORITY OF THE CITY. Other Administrative Remedies: In addition to the appeals mentioned above, other administrative remedies may apply to matters covered by this decision. These include: (1) responding directly to the Administrative Official, in person, by phone, by fax, by email or by mail (see contact information, below); (2) applying to the Board of Adjustment for a variance, special exception or interpretation, as applicable; (3) giving notices under Section 8-112 of the ZO for certain claims based on federal or state law; and (4) applying to the Zoning& Planning Commission or City Council, or both, to add or change applicable regulations. Applications to the Board of Adjustment or Zoning & Planning Commission should be in writing or fax and may be delivered to the Administrative Official (see contact information, below). Applications to the City Council should be in writing and delivered to the City Secretary, 3800 University Blvd., West University Place, Texas 77005. Members of the public may also address the Board, Commission or Council in person during a meeting. Dates, times and places of meetings of the Board, Commission and Council are posted at 3800 University Blvd., West University Place, Texas 77005 and on the City's website:http://www.westutx.gov/ . Generally. This decision does not authorize, allow or excuse any violations or failures to comply with the Zoning Ordinance or other laws, ordinances, rules or regulations. Penalties, sanctions and other remedies continue to apply to any such violations and failures to comply. This decision is not an order, but it is a notice of violation as contemplated by Section 54.017,Texas Local Government Code. 0{00178244.D0C3} AO Decision ATT Facility Page 3 TOP 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov 0 The C;itr of\Vest University Place t �y cI4;I1borh(xitt( itl CITY OF WEST UNIVERSITY PLACE Date entered: April 7,2016 By: Debbie/ Administrative Official 3826 Amherst,West University Place,TX 77005 Phone: 713-662-5839; Fax: 713-662-5369 Email: dscarcella @westutx.gov Date delivered to owner: 4-7-16 Delivered by: (electronic and regular mail) Additional copies of this decision were delivered as follows: Reid Wilson, Legal Counsel(by electronic transmission on: 4-7-16) Karen Jones, Facility Manager(by electronic transmission on: 4-7-16) Robert Grossman(by electronic transmission on: 4-7-16) David Cole(by electronic transmission on: 4-7-16) 0{00178244.D0C3} AO Decision ATT Facility Page 4 T©P 3800 University Boulevard E West University Place, TX 77005 I www.westutx.gov 'llhc (:its' of West University Place ....) . 1 .A�ci/iht)liwr)cl(:1 ti (This Addendum is an integral part of the foregoing notice entitled "FORMAL DECISION OF THE ADMINISTRATIVE OFFICIAL.') ADDENDUM REGARDING OWNERSHIP OF THE REAL PROPERTY('BUILDING SITE")DESCRIBED IN THE FOREGOING NOTICE TO: SOUTHWESTERN BELL TELEPHONE COMPANY: According to the real property records of Harris County,you own the real property described in the attached notice. If you no longer own the property,you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail,return receipt requested,to this office not later than the 20th day after the date you receive this notice. If you do not send the affidavit,it will be presumed that you own the property described in this notice,even if you do not. This Addendum is submitted pursuant to Section 54.005 of the Texas Local Government Code. You may use the affidavit shown below to state that you no longer own the property described in the foregoing notice(referred-to as the"building site"). It must be delivered to this office(see address below)within 20 days. SIGNED AND SUBMITTED: By: ,Administrative Official Date: Address of this office: 3826 Amherst, West University Place,TX 77005 AFFIDAVIT THE STATE OF X COUNTY OF X BEFORE ME,the undersigned authority,on this day personally appeared the undersigned person,who being by me first duly sworn,did upon his or her oath depose and say: (1) My name is(insert): . I am a duly authorized representative of SOUTHWESTERN BELL TELEPHONE COMPANY. (2) SOUTHWESTERN BELL TELEPHONE COMPANY does not own the property described in the foregoing notice. (3) The name and last known address of the person who acquired the property from SOUTHWESTERN BELL TELEPHONE COMPANY are as follows:(insert) SIGNED: SWORN TO AND SUBSCRIBED before me on ,20 (SEAL) My commission expires: Notary Public O{00178244.D0C3} M Decision ATT Facility Page 5 TOP 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov Exhibit "E" 44,4* IINi-. City of West University Place APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") t Address of site: "0"Ruskin Street City of West University Place,Texas 77005 Legal description of the site: Lots 1-6,Block 25 of Collegeview Section 1,City of West University Place Texas 77005 Applicant: Robert Grossman Address: 4103 Ruskin ST,City of West University Place,Texas 77005 Contact: Robert Grossman Phone: 832 877 0158 Fax: not available Email: rhgrossman@aol.com Decision or Action Requested(check one or more and provide requested data): ( }Appeal.Hear and decide an appeal from an order, requirement,decision or determination made by the Administrative Official. • is the official's action in writing? (X)Yes;(X)copy is attached. ( )No,but the action appealed is as follows: • When was the action taken? 4-7-16 Note:Appeals must be filed within a reasonable time. Please explain any delay below: Filing is timely and in accordance with the direction of the administrative official. • Exact zoning ordinance section(s)involved: Section 7-101 (Table 7-1)West Univesity Place Ordinances No.932 AND 1039 ARTICLE 2.-DEFINITIONS AND INTERPRETATIONS Section 2-100,Section 2-101,Section 2-102. ARTICLE 10.-PARKING AREAS,DRIVEWAYS AND LOADING AREAS Section 10-104.-Loading spaces. Section 5-100.-Requirement for building site. Section 5.101.-Designation of building site. Section 5-102.-Division of building sites. • Grounds for appeal: Error in the Formal Decision of the Administrative Official dated 4-07-16.Request for reversal and revision. Authorized by Texas Local Government Code 211.009 AUTHORITY OF BOARD.(a)(1)and(b) Argument Ordinances 932 and 1039 authorize parking of certain vehicles or residential use. Southwestern Bell owns 6707 Academy 4068 Bellaire Blvd which were and are today zoned commercial. Commercial use was not expected or authorized on lots 1-6.Block 25 of Collegeview Section 1,City of West University Place by either Ordnance 932 and Ordinance 1039. or in the minutes of the City Commissions that enacted ordinances 932 or 1039. ( )Special Exception. Not requested • Exact zoning ordinance section that authorizes the special exception: • Exact wording of special exception requested: ( )Variance. Not requested • Exact zoning ordinance section from which a variance is requested: • Exact wording of variance requested: Other Data. Are there drawings or other data?)No ( )Yes(iist items here and attach them) Attached.The applicant ha /- -+,the State and City regulations attached. Signature of applicant: '.�_�ATaMIr Date:�Cl _ � For Staff Use only Date flied: _'s . t Date heard: •l' A Docket#: A V-tt Form ZeA•102 Narrative Ordinances 932 and 1039 authorize parking of vehicles owned by Southwestern Bell or its employees, or residential use. Southwestern Bell owns 6707 Academy 4068 Bellaire Blvd which were and are today zoned commercial. As evidenced by the plain text of the referenced ordinances and the minutes of City Commission that enacted the ordinances, commercial use was not expected or authorized on lots 1-6 . Block 25 of Collegeview Section 1, City of West University Place. Loading, unloading stocking and counting of commercial equipment and supplies are commercial activities which are not parking and are not residential and are therefore prohibited. 0 The City of West University Place . 1 Acni hborh(xxl Cin Office of the Administrative Official City of West University Place,Texas("City") FORMAL DECISION OF THE ADMINISTRATIVE OFFICIAL Address of the building site: 4068 Bellaire Boulevard, 6707 Academy Street and "0" Ruskin Street (Lots 1-6, Block 25 of Collegeview Section 1), City of West University Place, Texas 77005. The building site is shown in the diagram below (not to scale): 1:i ' 4040 4006 4012 4028 4024 4= 4018 4012 4008 4004 RUSKIN STREET I 1°3 I er024Z,OrAAS W. I VierAirria 4 ta °PI: I Building site t_ w in — �- co li < z co,„....... I 4 ri w ■ BELLAIRE BLVD. Owner: SOUTHWESTERN BELL TELEPHONE COMPANY DBA AT&T Southwest,AT&T DataComm,AT&T Texas("AT&T") 208 South Akard Street,Ste 3608 Dallas,Texas 75202 Decisions Requested: Determine whether the activities of loading/unloading and stocking of AT&T service vehicles with daily work supplies and the temporary inventorying of such supplies in the designated parking area(which is on the north portion of the building site,adjoining Ruskin)are allowed uses. Y (00178244.DOC3} AO Decision ATT Facility Page 1 Tr►�+ 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov n� fl e City of West University Place t Neighborhood On Ordinance Reference: Zoning Ordinance ("ZO") of the City of West University Place, Texas, as amended. See Sections 7-101 (Table 7-1). See, also, City of West University Place Ordinance Nos. 932 and Ordinance 1039, adopted in 1970 and 1975, respectively, which rezoned and authorized the use of Lots 1-6 on the building site for parking(the"Parking Ordinances"). Administrative Official's Findings: The ZO directly regulates most activities on the building site. The building site is split among three different zoning districts. The south part, adjoining Bellaire Boulevard, is in the Commercial "C" District. Four of the lots on the north,adjoining Ruskin, are in the Single Family "SF-3" District, and two are in the Planned Development District-Single Family"PDD-SF2"District(formerly known as the PDD-TH6 District). On all six of the northern lots, which comprise the parking area in question(the 'Parking Area"), commercial uses are normally prohibited by Section 7-101, Table 7-1 of the ZO.' However, the Parking Ordinances expressly authorized the Parking Area to be used as a parking lot for parking of vehicles owned by AT&T and its employees. The Parking Ordinances further indicate that"when such lots are used for the purposes of parking"then the Parking Area is subject to the alternate regulations set forth in Section C of the same, thereby recognizing the need to differentiate the property when used as a parking lot versus as single family residential. The Parking Area was effectively rezoned making parking the principal use of the Parking Area and directly tying the use of the Parking Area to the adjacent commercial AT&T property. Currently, the AT&T employees park their service vehicles in the Parking Area and bring supplies out of the building to the vehicles. The supplies are brought out of the building on dollies and handcarts down a service ramp leading from a back door and platform. The platform and ramp are contained within the commercially zoned property. At times, the supplies from within the vehicles are brought out of the vehicle so that an inventory can be taken and new supplies brought in to restock the service vehicles. Administrative Official's Decision: The parking of AT&T service vehicles in the Parking Area is authorized by the Parking Ordinances,which specifically tied the use of the Parking Area to the use and ownership of the adjacent commercial property. Service vehicles are required to have specific equipment and supplies in order to serve their intended purpose. It is expected that the I Table 7-1 indicates that"utility or service use"is allowed. However,the questioned activities are not covered by the definition of that use in Section 2-102 of the ZO. Because Lots 5 and 6 are in the PDD-SF2 District,Table 7-101,Note 5 allows the Zoning Board of Adjustment to issue a special exception to allow non-residential parking on those two lots,subject to conditions. No such .-ial exception has been .orted or found. (00178244.D0C3) AO Decision ATT Facility Page 2 as 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov te rl he City of West University Place I ,\'cighb0r Ii xxl Citt loading/unloading and stocking of AT&T service vehicles would necessarily occur on the site designated for parking such vehicles. The Parking Ordinances focus on the types of structures not allowed in the Parking Area, but do not prohibit activities that are incidental to the parking of service vehicles. Because the questioned activities are interrelated with parking and not prohibited by the Parking Ordinances, they were authorized concomitantly with the authorization for the parking of AT&T service vehicles in the Parking Area. Therefore, the activities of loading/unloading and stocking AT&T service vehicles and the temporary inventorying of supplies are allowed uses in the Parking Area. Effective Date & Appeals: This decision takes effect on the date it is signed. Persons listed in Section 211.010 of the Texas Local Government Code may appeal this decision. Appeals(including the deadline for filing of appeals)are subject to and governed by applicable rules,ordinances and laws,including: (X)Zoning Ordinance, (X)Chapter 18,Code of Ordinances, (X)Zoning Board of Adjustment"Rules of Procedure." IMPORTANT: Article II,Section 3 of the Rules of Procedure generally requires that appeals be filed on or before the tenth City business day following the date the Administrative Official "enters an order,ruling,decision,or determination that is the subject of the appeal... ." UNLESS APPEALED AS PROVIDED ABOVE, THIS DECISION WILL BECOME FINAL. IF APPEALED,THIS DECISION CAN BE REVERSED,MODIFIED OR AFFIRMED BY THE ZONING BOARD OF ADJUSTMENT. NOTHING IN THIS DECISION CREATES ANY VESTED RIGHT OR PROPERTY RIGHT, BUT INSTEAD, ALL SITES, USES AND ACTIVITIES REMAIN FULLY SUBJECT TO THE REGULATORY AUTHORITY OF THE CITY. Other Administrative Remedies: In addition to the appeals mentioned above, other administrative remedies may apply to matters covered by this decision. These include: (1) responding directly to the Administrative Official, in person, by phone, by fax, by email or by mail (see contact information, below); (2) applying to the Board of Adjustment for a variance, special exception or interpretation,as applicable;(3)giving notices under Section 8-112 of the ZO for certain claims based on federal or state law;and(4) applying to the Zoning& Planning Commission or City Council, or both,to add or change applicable regulations. Applications to the Board of Adjustment or Zoning & Planning Commission should be in writing or fax and may be delivered to the Administrative Official(see contact information, below). Applications to the City Council should be in writing and delivered to the City Secretary, 3800 University Blvd., West University Place, Texas 77005. Members of the public may also address the Board, Commission or Council in person during a meeting. Dates, times and places of meetings of the Board, Commission and Council are posted at 3800 University Blvd., West University Place, Texas 77005 and on the City's website:http://www.westutx.gov/. Generally. This decision does not authorize, allow or excuse any violations or failures to comply with the Zoning Ordinance or other laws, ordinances, rules or regulations. Penalties, sanctions and other remedies continue to apply to any such violations and failures to comply. This decision is not an order, but it is a notice of violation as contemplated by Section 54.017,Texas Local Government Code. Or IDO178244.DOC3} Page 3 TOP AO Decision ATT Facility g „yOP PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov 0 The City of West University Place 1 .V ci;;hborhood Cin CITY OF WEST UNIVERSITY PLACE Date entered: April 7,2016 By: I)ebirie,Scawcella' Administrative Official 3826 Amherst,West University Place,TX 77005 Phone:713-662-5839;Fax:713-662-5369 Email: dscarcella®westutx.gov Date delivered to owner: 4-7-16 Delivered by:(electronic and regular mail) Additional copies of this decision were delivered as follows: Reid Wilson,Legal Counsel(by electronic transmission on:4-7-16) Karen Jones,Facility Manager(by electronic transmission on: 4-7-16) Robert Grossman(by electronic transmission on: 4-7-16) David Cole(by electronic transmission on: 4-7-16) (00178244.D0C3) AO Decision ATT Facility Page 4 ToP 3800 University Boulevard ( West University Place, TX 77005 I www.westutx.gov 0 rl,hc City of West University Place ,.) . t ,\'ci;;hbor hood On (This Addendum is an integral part of the foregoing notice entitled "FORMAL DECISION OF THE ADMINISTRATIVE OFFICIAL.') ADDENDUM REGARDING OWNERSHIP OF THE REAL PROPERTY("BUILDING SITE")DESCRIBED IN THE FOREGOING NOTICE TO: SOUTHWESTERN BELL TELEPHONE COMPANY: According to the real property records of Harris County,you own the real property described in the attached notice. If you no longer own the property,you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail,return receipt requested,to this office not later than the 20th day after the date you receive this notice. If you do not send the affidavit,it will be presumed that you own the property described in this notice,even if you do not. This Addendum is submitted pursuant to Section 54.005 of the Texas Local Government Code. You may use the affidavit shown below to state that you no longer own the property described in the foregoing notice(referred-to as the"building site"). It must be delivered to this office(see address below)within 20 days. SIGNED AND SUBMITTED: By: ,Administrative Official Date: Address of this office: 3826 Amherst,West University Place,TX 77005 AFFIDAVIT THE STATE OF X COUNTY OF X BEFORE ME,the undersigned authority,on this day personally appeared the undersigned person,who being by me first duly sworn,did upon his or her oath depose and say: (I) My name is(insert): . I am a duly authorized representative of SOUTHWESTERN BELL TELEPHONE COMPANY. (2) SOUTHWESTERN BELL TELEPHONE COMPANY does not own the property described in the foregoing notice. (3) The name and last known address of the person who acquired the property from SOUTHWESTERN BELL TELEPHONE COMPANY are as follows:(insert) SIGNED: SWORN TO AND SUBSCRIBED before me on ,20_ (SEAL) My commission expires: Notary Public (00178244.00C3) AO Decision ATT Facility Page 5 TOP waft puris 3800 University Boulevard 1 West University Place, TX 77005 I www.westutx.gov West University Place Zoning Ordinances: APPENDIX A-ZONING ORDINANCE* ARTICLE 2.-DEFINITIONS AND INTERPRETATIONS Section 2-100.-Rules of Construction. In this ordinance: (3) Words not specially defined in this ordinance are used in their common ordinary senses, except that special terms used in the context of criminal violations (such as "affirmative defense" and "presumption")are intended to have the same meanings as in the Texas Penal Code. Section 2-101.-Intent and effect of law. The intent of this ordinance and of the use of particular undefined words is to be determined from the whole ordinance and not from a narrow reading of a particular sentence or phrase. This ordinance shall be interpreted and applied in accordance with the constitutions and laws of the State of Texas and the federal government of the United States of America as well as the Charter of the City. Section 2-102.-Certain terms. Certain terms in this ordinance,whether capitalized or not, are defined as follows for purposes of this ordinance: Parkrnq area.An outdoor area designated or improved to store motor vehicles.The term includes parking"pads." Residential purposes (or uses). Ordinary domestic purposes (or uses), not involving any business, commercial, industrial or institutional activity, whether carried on for profit or not. Providing any good or service, or offering to provide it, on or from any premises to or for anyone who does not reside on the same premises in exchange for any money or thing of value, whether demanded or accepted, is a business activity. However, in any proceeding where the presence of a business activity under this ordinance is an issue, it shall be an affirmative defense that the alleged business activity was only an incidental sale or was part of a home occupation, but such an affirmative defense shall not apply to any alleged violation of another ordinance of the City unless the other ordinance so provides. Section 10-104.-Loading spaces. On the same building site with every building used for non-residential purposes there must be adequate loading space, separate and apart from the off-street parking spaces. The amount of loading space shall be sufficient in size and configuration to avoid the possibility that loading or unloading would obstruct a street or sidewalk, taking into account the proposed use of the building and the types of vehicles likely to serve it. However, there must be at least one loading area(10 wide by 30 feet long)for each 20,000 square feet of gross floor area, or fraction thereof, of building space likely to require loading space. Loading areas do not satisfy this section unless they are located within 200 feet(measured in a straight line horizontally)of the farthest point in the building space they serve. Section 5-100.-Requirement for building site. Section 5-101.-Designation of building site. Section 5-102.-Division of building sites. Common/Ordinary definitions by Merriam-Webster Commercial. related to or used in the buying and selling of goods and services. : concerned with earning money. : relating to or based on the amount of profit that something earns. Park to leave tempor anly on_a 2011c wa o. in a parking lot or garage bring (a vehicle that one is driving) to a halt and leave it temporarily, typically in a parking lot or by the side of the road. ORDINANCE NUMBER 1039 AN ORDINANCE AMENDING ORDINANCE NUMBER 111 OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY PERMITTING LOTS 5, 6, 7, 8, 9 AND 10, BLOCK 25, COLLEGEVIEW FIRST ADDITION, CITY OF WEST UNIVERSITY PLACE, TEXAS, TO BE USED FOR PARKING PURPOSES SUBJECT TO VARIOUS RESTRICTIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Section 24C of Ordinance Number 111 of the City of West University Place, Texas be, and it is hereby amended so that hereafter said Section 24C shall read at follows: "Section 24C. Collegeview First Addition; Block 25, Lots 1-10, Re- strictions. A. A use that conforms in all respects to the requirements as to the use, lot size, location of main and accessory buildings, frontage, setbacks and size of main and acces- sory buildings, in Single Family Dwelling District Number VIII-A. B. Lots 1 , 2, 3, 4, 5 and 6 may be used as a parking lot for the parking of vehicles owned by the Southwestern Bell Telephone Company and/or its employees. Lots 7, 8, 9 and 10 may be used as a'parking lot for the parking of passen- ger vehicles. All other vehicles are prohibited. When such lots are used for the purposes of parking, no struc- tures of any kind shall be constructed on said lots except as provided in Section'C below. "Passenger" vehicle is defined for the purposes of this Section as any vehicle designed and used primarily for the transportation of passengers and having a maximum gross vehicular weight of 6,000 pounds. C. The use of said lots as a parking lot shall be conditioned upon compliance with the following regulations, to-wit: 1 . No entrance-exit shall be permitted onto Ruskin Street from Lots 1 , 2, 3, 4, 5 and 6. The size, number and location of curb cuts for entrance-exit onto Ruskin Street and Weslayan Street from Lots 7, 8, 9 and 10 shall require approval of the City Commission upon application by the owners of such lots, if and when such lots are used for parking purposes. 2. A hedge shall be planted and/or an opaque fence or wall constructed with a minimum height of 3.15' and a maximum height of 4 ' on the property line bordering Ruskin Street and Weslayan Street and bordering the 11/4 line of any adjacent lots which are not used for park- ing purposes. The type of hedge or wall located on the south line of the lots, if any, shall be subject to the approval of the Chief of the Fire Department. If, In compliance with .the aforesaid provision, the owner of the parking lot -desires to erect a masonry wall, such wall shall be constructed in accordance with specifications for "masonry walls" in the Bode of Ordinances of the City of West University Place, Texas. 3. There shall be a minimum of two (2) feet from the property line to the edge. of the parking surface. 4. All parking area shall be paved with a stabilized all-weather surface, or concrete, provided, however, no concrete paving- shall be placed over existing sanitary sewer and-water lines located in the easement area.. • • 5. Sufficient light shall be provided to adequately illuminate such lots and shall be of the type which will illuminate the parking lot Only. 6. Signs for the purpose:of identifying the property shall not exceed six (6) square feet in area and shall be restricted to locations at entrances and exits and if illuminated shall be a constant light source and. not to be intermittent or flashing light." Section 2. This ordinance shall be in full force and effect immedia- tely from and after its passage and approval by the Mayor. PASSED AND APPROVED this 26th- day of May, 1975. Commissioners Voting Aye: All Commissioners Voting No: None ter,. /t Mayor ATTEST: Assistant City Secretary . 1 ORDINANCE N'rt sER 93? ILI ORDINANCE AMENDING '`RD_NASCE NUMBER 111 OF THE CIT'! OF JEST UNIVERSITY PLACE, TEXAS, BY PERMITTING LOTS 1, 2, 3, and u, BLOCK 25, COT,T,FuEVIEW FIRST ADDITIOI , CITY OF WEST UNIVERSITY PLACE, TEXAS, TO BE USED FOR PARKING PURPOSES S EJECT TO VARIOUS RESTRICTIONS; ANJ PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF Tt1F, CITY DF WEST UNIVER- SITY PLACE. TEXAS: SECTION 1. That Ordinan e number 111 c.f to City of West Univer- sity Place, 'lexas, be and it is hereby amended by the addit' n theret. of Section 24C, immediately following Section 24B, which sad Section 24C shall read as fellows: "See-ion 24C. Lots 1, 2, 3 and 4, Block 25, C 'llegeview First Addition, City of ieest University Place, Texas, shall be used for the follow- ing purposes and no o' ners: A. A use that corforms in all respects t he reluirements as to the use, lot size, location of main and accessory build- ings, frontage, setbacks and size of main and accessory build- ings, in Single Family Dwelling District Number VIII-A. B. A parking lot f..r the parking of veh:tiles owned by the South- ;res'-ern Bell Telephone Company and or its employees and when used for such purposes no s' ruc{ures of any kind shall be constructed on said parking lot, except signs as provided in Seccion C-(7) of this ordinance. C. The use of said lots as a parking loi shall be conditioned upon compliance with the following regulations, t -wit: (1) No entrances or exits shall be allowed on the Ruskin Street side of the parking 1 t. All entrances and exits shall be on Academy Street. (2) A hedge shall be planted along the entire width of tYe parking lot on Ruskir. Street and along the Academy Street' side of the parking lot in compliance with Article V, Section 20.72 through and including Section 20.75 of the Code of Ordinances Lf the City of West University Place, Texas (Ordinance number 741). 128 (3) An opaque fence or all shall be constructed on the east property line of Lot 4, beginning at the setback line of Lot 5, which is 20 ft. , preceding south along the east property line of Lot 4, thence west along the south property line of Lot 4 and a portion of Lot 3, to its intersection with the east property line of South- western Bell Telephone Company's existing property, such fence or wall to be a minimum of six (6) feet in height and a maximum of seven (7) feet in height, from ground level. If, in compliance with the aforesaid provision, the owner of the parking lot desires to erect a masonry wall, such wall shall be constructed in accordance with specifications for ''masonry walls" in the Code of Ordi- nances of the City of West. University Place, Texas. (4) There shall be a minimum of two (2) feet from the property line to the edge of the parking surface. (5) All parking area shall be paved with a stabilized all-weather surface, or concrete, provided, however, no concrete paving shall be placed over existing sanitary sewer and water lines in the reserved twenty (29) foot strip. (6) If light is provided, it shall be of the type which will illuminate the parking lot only. (7) Signs for the purpose of identifying the property shall not exceed six (6) square feet in area and shall be re- stricted to locations at entrances and exits and if illu- minated shall be a constant light source and not to be intermittent or flashing light." SECTION 2. This Ordinance shall be in full force and effect immediately from and after its passage and approval by the Mayor. PASSED AND APPROVED this 26th day of January, 1970. Commissioners Voting Aye: All Commissioners Voting No: None �1,00 Ad Ma For ATTEST: Assistant City Secretary PUBLIC HEARING CITY COMMISSION AND ZONING AND PLANNING COMMISSION JANUARY 13, 1970 The City Commission of the City of West University Pice and the Zoning and Plan- ning Commission of the City of West University Place convened at 7:30 p.m., at the City Hall , for the purpose of holding a Public Hearing called for this date, with the following members present: Mayor Homer L. Ramsey, presiding; Commissioners Neighbors, Proctor, Scott and Wallin; Zoning and Planning members, David Hannah, Chairman, presiding; members Bricker, Hilton, Hines and Lott. The City Attorney and City Manager were also present. Mayor Ramsey stated that this public hearing was being held jointly and simu- taneously by the City Commission and Zoning and Planning Commission for the pur- pose of giving consideration to rezoning from Single Family Dwelling to vehicle parking by employees of the Southwestern Bell Telephone Company and vehicles owned by the company, the following property: Lots 1,2, 3 and 4+, Block25 Collegeview 1st Addition City of West University Place Motion by Commissioner Wll in, seconded by Commissioner Scott, that the public hearing cR3led by the City Commission be opened. Voting AyeL All Voting No: None Motion by Mr. Hilton, seconded by Mr. Hines, that the pbulic hearing called by the Zoning and Planning Commission be opened. — Voting Aye: All Voting No: None Mayor Ramsey requested that Zoning and Planning Commission Chairman David Hannah explain the action taken by that Commission on the original application filed by the Southwestern Bell Telephone Company. Chairman Hannah stated that on November 13, 1969 an application for rezoning of the property in question was received by the Zoning and Planning Commission for parking from the Southwestern Bell Telephone Company. In an official meeting of the Zoning and Planning Commission on November 13, 1969 a decision was made to consider the application. A recessed meeting of the Zoning and Planning Commission was held on November 18, 1969 and a Public Hearing called for 8:00 p.m., Thursday, December 11, 1969. On November 19, 1969 the Zoning and Planning Commission filed its preliminary report with the City Commission notice of the public hearing was mailed to all property owners within a 200' radius of the property on November 19, 1969 and proper legal notice was published in the regular legal section of the Houston Post on November 22, 1969. On December 11, 1969 the Zoning and Planning Commission held its public hearing and filed a report of such hearing with the City Commission on December 22, 1969. Mayor Ramsey requested that City Attorney Charles Cockrell determine that all — legal requirements in connection with the public hearing had been fulfilled. Mr. Cockrell was advised by Assistant City Secretary, Mrs. Lee Lockard, that all notices had been mailed to property owners within a 200' radius, legal notices published in the Houston Post, official newspaper of the city, and ri11 things prerequisite to the holding of a public hearing had been accomplished. Mr. Cockrell advised those in attendance that if they wished to be heard, either for or against the proposed rezoning, they should rise and take the Oath as administered by Mayor Ramsey. Mayor Ramsey then administered the Oath to all .those desiring to be heard. Mr. Howard Burney, District Manager of the MOhawk Exchange of the Southwestern Bell Telephone Company, stated the proposed off-street parking for their employees irD on Lots 1, 2, 3 and 4, Block 25, Collegeview 1st, was to control a long standing 4..■4 problem. He stated they were deeply sympathetic with the residents in the area rr where Telephone Company employees were parking in front or at the side of their homes causing problems for them, and he felt this was the best possible solution. C.7 Mr. Burney stated that the Telephone Company is now in the midst of constructing V a third story on their exisiting building and after completion they would regain 42 parking spaces. These spaces, together with those proposed for the parking lot, would provide 100% employee parking. Mr. Dusty Rhodes, 3606 Georgetown; Mrs. Jackie Patterson 3616 Amherst, Mr. Arthur Goldman, 4032 Ruskin, Mr. W. T. Durow, 4007 Ruskin, Mrs. W. B. Bennett, 4118 Riley and Mrs. Sue Myers, 2619 Robinhood, spoke in opposition to the pro- posed rezoning, stating that they thought this would be "spot zoning:; that it infringed into a residential area; that it was the first step in breaking the strong zoning laws enjoyed by residents for many years and that consideration should be given to the purchase of property on Bellaire Boulevard that has pre- viously been zoned for this purpose. Mr. Cockrell advised that this was not considered "spot Zoning" because it is contiguous to the Company's existing operation; that you cannot keep a utility company out of an area and that each application for rezoning is considered on its own merits. Mr. and Mrs. H. J. Hicks, 4027 Ruskin, stated that they would not intention'-ll y do anything to jeopardize zoning in the City of West University Place in anyway, but would like to see action toward implementation of the recommendations con- tained in the Caudill, Rowlett and Scott report and consideration given to re- zoning all of Bloacks 24 and 25. Letters from Mrs. Sally Nicholson, 4029 Riley, Mr. W. P. Schuller, 4039 Riley, and Mrs. Beds. Miles, 4019 Riley were presented stating that they were in favor of the rezoning and thought that a very bad parking situation would be alleviated. Mr. T. W. Perry, 4037 Riley, Mr. J. A. Morin, 4019 Ruskin, Mrs. W. T. Durham, Mrs. Bill Rogde, 4101 Case, Mr. W. L. Partridge, 4040 Ruskin and Mr. Bill Ebanks, 4029 Case, spoke in behalf of the rezoning, stating that this was the best pos- sible solution to a long standing parking problem faced by residents of the area; it would be a definite safety factor for employees of the Telephone Company and area residents; that no entrances or exits should be permitted on Ruskin Street; and that early consideration should be given to the possibility of re- 1 zoning the balance of Block 25. In answer to questions regarding the "No Parking: signs now located in the area and the possibility that creation of the parking lot would not prevent employees of the Telephone Company from still parking on the streets, the City Manager stated that all of the signs would be removed as soon as employees were using the lot, and that convenience and safety factors would insure use by employees. Mr. Cockrell stated that inasmuch as there were no further questions or state- ments the public hearing could be closed, and that the City Commission and Zoning and Planning Commission, if they felt they had sufficient information, could take necessary action at this time or postpone action for further study. Motion by Commissioner Neighbors, seconded by Commissioner Proctor, that the Public Hearing called by the City Commission be closed. Voting Aye: All Voting No: None Mr. Hilton stated that he would like Mr. Burney to affirm that the parking lot construction, if permitted, would be used as a parking lot for employees of the Telephone Company during normal working hours and that no houses for "checking in and out: would be constructed. Mr. Burney stated that this was correct. ?4i - Motion by Mr. Bricker, seconded by Mr. Lott, that the Public Hearing called by the Zoning and Planning Commission be closed. . Voting Aye: All Voting No: None Mr. Hines stated that the plans for the parking lot would have latitude insofar as location of entrances and exits and that consideration should be given at an early date to the possibility of extending the re-zoning to cover all of Block 25. Motion by Mr. Hilton, seconded by Mr. Lott, that the Zoning and Planning Commission recommend to the City Commission that the city's zoning ordinance be amended to provide that Lots 1, 2, 3 and 4, Block 25, Collegeview 1st Addition be rezoned for use for parking automobiles owned by employees of the Southwestern Bell Tele- phone Company. Voting Aye: AU Voting No: None Motion by Commissioner Proctor, seconded by Commissioner Scott, that the recom- mendation of the Zoning and Planning Commission be adopted and the City Attorney be instructed to prepare an ordinance to amend the Zoning Ordinance to rezone Lots 1, 2, 3, and 4, Block 25, Collegeview 1st Addition for use for parking auto- mobiles awned by employees of the Southwestern Bell Telephone Company. Voting Aye: All Voting No: None Upon motion duly made, seconded and carried, by the City Commission and the Zoning and Planning Commission, the meeting was adjourned at 9:08 p.m. 101 .t11~ � Mayor ATTEST: J Assis ant City ecretary REGULAR MEETING CITY COMMISSION JANUARY 26, 1970 The City Commission of the City of West University Place convened in regular session at the City Hall on Monday, January 26, 1970, 7:30 p.m., with the following members present: Mayor Pro-Tem Neighbors, presiding; Commissioners Proctor, Scott and Wallin. The City Manager was also present. Mayor Ramsey and City Attorney Cockrell were ill. _ . The:Invocation Was pronounced' by Commissioner Wallin. Mr. Neighbors welcomed a number of visitors and expressed appreciation for 'their interest in the affairs of the city. �--� .Minutes of the Joint Public Hearing by the City Commission and Zoning and Plan- ning Commission held on January 13, 1970 for consideration of an application C.> filed by Southwestern Bell Telephone Company, were presented for consideration. Motion by Commissioner Prcrctpr; •a,ecoaded by Commisaioner Wallin,: the minutes .. of the joint public hearing for the purpose of giving consideration' to rezoning from S ingle Family Dwelling to vehicle parking by employees of the Southwestern Bell Telephone Company and Vehicles owned by the company Lots 1, .2, 3-and 4, Block 25, Collegeview 1st Addition, be approved as submitted: Voting Ayel All Voting No: None e In accordance with action of the City Commission the following recommendation. ; " for purchase of truck and automotive equipment was submitted for consideration : Honorable Mayor and Members of the City Commission City of West University- Place Gentlemen: Bids received on January 12th for ten (10) vehicles consisting of four passenger cars, one station wagon, two pickups, two 25,000 gvw trucks and one stake body truck, were referred to me for tabulation and recommendation. A tabulation of bids received is attached. Due to the urgency of obtaining early- delivery and replacement for the three patrol cars, a tabulation was submitted at the January 12th meeting, from which tabulation it appeared that MacRobert Chevrolet Company sub- mitted the low bids on Units 1,2 and 4; and that Jack Roach Ford had submitted the low bid on Unit 3. Action was then taken by the City Commission to award bids on Units 1, 2, 3 and 4 to the law bidder. Unit 5 - Station Wagon - Inspection Department The tabulation received by the City Commission on January 12th indicated that MacRobert Chevrolet was the low bidder. However, in conferring with -their representative, Mr. John Kennedy, it was discovered that freight in the amount of $123.75 had been omitted and that his company was not willing to waive the freight charge. After adding the additional freight of $123.75 MacRobert Chevrolet is still low with a bid of $2,271.75 as the second bidder .300 , PUBLIC HEARING CITY COMMISSION AND ZONING AND PLANNING COMMISSION • APRIL 22, 1975 The City Commission of the City of West University Place and the Zoning and Planning Commission of the•City of West University Place convened at 7:30 p.m. at the City Hall, for the purpose of holding a Public Hearing called for this date, with the following members present: Mayor Wallin, presiding; Commis- sioners Binig, Dunn, Stanley and Thompson; Zoning and Planning Commission members, E. G, Hines, Chairman, presiding; members Dahlin, Bartholomew and Weatherby. The City Attorney and City Manager were also.present. Zoning and PlanningrCommission member W. P. Lipscomb was absent. Mayor Wallin stated that this public hearing was being held jointly and simul- taneously by the City Commission and Zoning and Planning Commission for the purpose of giving consideration to the recommendation of the Zoning and Plan- t ning Commission to rezone the following described property for townhouses and/or clusterhouses; Lots 6, 7, $, 9 and East 10 ft. of 10, Block 1 , Kent Place Addition, 3600 block of Bellaire Boulevard Motion by Commissioner Stanley, seconded by Cortmissibner •Thompsonv that the public hearing to consider the proposition recommended by the Zoning and Planning Commission to rezone certain properties contained in legal notice published in the Southwestern Argus on January 22, 1975, be opened Voting Aye: All Voting No: None Motion by Commissioner Weatherby, seconded by Commissioner Bartholomew, that —the Public Hearing to consider the proposition recommended by the Zoning and Planning Commission to rezone certain properties as contained in the Final Report of the Zoning and Planning Commission dated March 24, 1975, be opened. Voting Aye: All Voting No: , None Mayor Wallin ascertained from the secretary that notice of public hearing was published in the Southwestern Argus on Wednesday, April 2, 1975, and notice to individual property owners within a 220' radius of the property being con- sidered were mailed on April 2, 1975, thereby fulfilling legal requirements for the Public Hearing. Mayor Wallin requested Mr. E. G. Hines, Chairman, Zoning and Planning Commis- sion, to review the activity sequence of such Commission during consideration of the recommended change. Mr. Hines stated that the applications filed by Messrs. R. B. and E. A. Mayor and Mrs. Paul S. Wdtts were received by the Zoning and Planning Commission on January 14, 1975; Preliminary Report was filed with the City Commission on January 17, 1975; notice was published in the Southwestern Argus on January 22, 1975 and notice to all property owners within a 200' radius of the property on January 22, 1975. The Public Hearing by the Zoning and Planning Commission was held on February 11 , 1975 and the Final Report filed with the City Comis- sion on March 24, 1975. 301 In response to Mayor Wallin's question regarding fulfillment of all legal requirments for the Public Hearing, City Attorney Charles Cockrell advised that Ordinance Number 1035 calling a joint public hearing was passed and ap- proved by the City Commission on March 24, 1975, and that the secretary had testified that the required legal notice had been published and. notice had been mailed to ail property owners. Mayor Wallin announced that in order to expedite the public hearing, the follow- ing regulations for procedure would be followed: a. Those addressing the Commissions to give their name, address and street address of the property they own in West University. b. The applicant and others who may support the application would be given an opportunity to present any relevant information in connection with the application. Qq Members of both Commissions may elict such additional information as they feel proper, by questioning the applicants'. . Questions may then be directed to the applicants from the floor. c. Those wishing to present pertinent information in opposition to 1 the application may do so. Again, questions may be asked by members of both Commissions, followed by questions from the floor. Mayor Wallin administered the Oath to Mr. Richard Mayor, 226- Pine Hollow, Houston,- one of the applicants for rezoning of the property being considered. Mr. Mayor stated that it was his belief that the reasons for the request for rezoning were amply set out in the report and recommendation of the Zoning and Planning Commission. Mr. Mayor then reviewed for the Mayor and City Commission the recommendation of the. Zoning and Planning Commission of March 11, 1974, wherein the property being considered for rezoning for the construction of townhouses. and/or clusterhouses, was recommended as a visual park site, and this tract of land was the only 'vacant property deleted from the recommenda- tion of the Zoning and Planning Commission for construction of townhouses and/or clusterhouses. Mr. Mayor advised the Commissions that he was aware of the city's ability to acquire the property for a park site by means of condemnation, but to do so would be the acquisition of property without due process of law and his right to equal protection under the law. Mr. Mayor then requested that the City Commission follow the recommendation of the Zoning and Planning Commission and grant the application. Members of the Commissions and those in attendance at the Public Hearing had no questions for, Mr. Mayor. Motion by Mr. Weatherby, seconded by Mr. Bartholomew, that the public hearing be closed. Voting Aye: All Voting No: None 302 Motion by Commissioner Binig, seconded by Commissioner Dunn, that public hearing be closed. Voting Aye: All Voting No: None I Motion by Commissioner Stanley, seconded by Commissioner Thompson, that the Final Report and recommendation of the Zoning and Planning Commission, to rezone Lots 6, 7,•8, 9 and east 10' of 10, Block 1 , Kent Place Addition, 3600 block of Bellaire Boulevard for the construction of townhouses and/or clusterhouses be accepted. Motion amended.by Commissioner Thompson, accepted by Commissioner Stanley, • to instruct the City Attorney to prepare the necessary ordinance for the rezoning. Voting on the amendement. • Voting_Aye: All Voting No: None Voting on the motion. Voting Aye: All Voting No: None Mayor Wallin recessed the meeting for five minutes prior to calling the second public hearing to order. Mayor Wallin announced that a joint public hearing was being held by the City Commission and Zoning and Planning Commission and would be opened to con- sider the Final Report and recommendation of the Zoning and. Planning Com- mission- to rezone the following described ,property for vehicular parking: Lots 5, 6, 7, 8, 9 and 10, Block 25 Collegeview 1st Addition 4000 block of Ruskin Motion by Commissioner Thompson, seconded by Commissioner Binig, that the public hearing to consider the proposition recommended by the Zoning and • Planning Commission to rezone certain properties for vehicular parking, be opened. Voting Aye: All Voting No: None Motion by Mr. Weatherby, seconded by Mr. Dahlia, that the public hearing to consider the rezoning of certain properties for vehicular parking, be opened. Voting Aye: All Voting No: None Mayor Wallin ascertained from the secretary that notice of public hearing was published in the Southwestern Argus on April 2,1975, and notice to individual property owners within a 200' radius of the property being con- sidered were mailed on April 2, 1975, thereby fulfilling legal requirements for the public hearing. 303 Mayor Wallin requested Mr. E. G. Hines, Chairman, to review the activity sequence of the Zoning and Planning Commission during consideration of the recommended change. Mr. Hines stated that an application had been filed by Southwestern Bell Telephone Company to rezone Lots 5 and 6, Block 25, Cdllegeview'lst Addi- tion and the Zoning and Planning Commission had added Lots 7, 8, 9 and 10, Block 25, Collegeview 1st Addition, as part of the property to be rezoned for vehicular parking. The application by Southwestern Bell Telephone Com- pany was received on December 10, 1974, and further considered by the Zoning and Planning Commission on January 14, 1975. A Preliminary Report was filed with the City Commission on January 17, 1975; notice of Public Hearing was ,.� published in the Southwestern Argus on January 22, 1975; and notice of public hearing was mailed to all property owners on January 22, 1975. A public hearing was held by the Zoning and Planning Commission on February 11, 1975, "-� and Final Report filed with the City Commission on March 24, 1975. OQ C:C1 In response to Mayor Wallin's question regarding fulfillment of all legal requirements for the Public Hearing, City Attorney Charles Cockrell advised that Ordinance Number 1035 calling a joint public hearing was passed and approved by the City Commission on March 24, 1975, and that the secretary had testified that the required legal notice had been published and notice had been mailed to all property owners. Mayor Wallin again reviewed the procedure to be followed in holding the public hearing. Mayor Wallin administered the Oath to Mr. Bill Knight, Mrs. Miriam Israel , Mr. Wm. Patri4ge and Mr. Arthur Goldman. Mr. Knight, District Manager, Southwestern Bell Telephone Company, whose home address is 6214 Rutherglen, advised the Commission that adequate park- ing spaces for employees of Southwestern Bell liadbeen a long standing pro- blem for the company, the city, Police Department and residents of the area. Mr. Knight stated they now have sixty (60) parking spaces on their existing lot, twenty-five (25) spaces in front of the building, twenty (20) spaces on the west side of:Academy.. andithat:.the new lot construction will provide an additional thirty-five (35) spaces. Mr. Knight further stated that a survey of employees indicated therevere 185 of whom drove automobiles to work. The proposed parking lot would be re-vamped to in- clude the existing lot, with new lighting, re-striped and have a curb cut onto Ruskin Street. Mr. Knight advised the Commission that all recommendations by the Fire Chief and Police Chief had been considered in the preparation of 'plans for the parking lot in hopes that many of the problems encountered. in the past might be eliminated. Mrs. Miriam Israel , 5511 Cheltenham, stated that she owned the property at 4003 Ruskin, and that she was in favor of the recommendation, however,' she felt some changes should be made in the construction of the proposed parking -.. _ 304 lot, inasmuch as she thought permitting traffic from the lot onto Ruskin would be dangerous since it was a narrow street, and it was her belief that all traffic should be onto Academy. - Mrs. Israel stated that she agreed with Commissioner Thompson in that the construction of the new parking lot would not be an answer to the problem of adequate parking for Southwestern Bell employees and that a personal survey indicated employees were parking on Ruskin, Cason and Fairhaven. Mrs. Israel further stated that she had not been permitted to construct a carport at her home because of the location of a utility easement, 'however, it appeared that Southwestern Bell had paved over the same was her feeling that this should be investigated prior to the proposed new construction. In 'response to a question by the City Commission, Mr. .Knight stated that in response to a request of the Chief of Police, the parking lot would be constructed in a horseshoe shape'with 45 cars exiting onto Ruskin and 45 exiting onto Academy during peak hoprs. Mr. Arthur Goldman, 4032 Ruskin, stated that the existing parking lot was virtually empty between four and five o'clock each afternoon and it-was his belief that an additional 35 cars exiting onto Academy would i?e no pro- blem and that a curb cut on Ruskin would not be necessary. Mr. Goldman stated that he was heartily in favor of the rezoning of Lots 5 and 6 for vehicular parking use by Southwestern Bell , but was very opposed to rezoning of Lots 7, 8, 9 and 10, inasmuch as two of the lots were owned by Corrigan Interests and speculation was a proposed use as a loading dock. Mr. W. L. Partridge, 4040 Ruskin, stated that he was very much in favor of rezoning the property for use by Southwestern Bell. In response to a question regarding possible purchase by Southwestern Bell of Lot 7, Mr. Knight stated that it was entirely an economical situation inasmuch as owners of Lot 7 wanted too much money for the lot. In response to questions regarding the city's ability to include certain use restriction's into an Ordinance rezoning the property, City Attorney Charles Cockrell stated that such provisions could be encorporated into the ordinance and it would 6e enforceable based on the ordinance, and such restrictions could limit the character and size of a fence across the rear easement. Motion by Mr. Dahlin, seconded by Mr. Bartholomew, that the public hearing be closed. Voting Aye: All Voting No: None Motion by Commissioner Dunn, seconded by Commissioner Stanley, that the public hearing be closed. Voting Aye: All Voting No: None 305 Following a general discussion with regard to further consideration to the application, the following action was taken: Motion by Commissioner Stanley, seconded by Commissioner Binig, that the meeting of the City Commission be recessed until 7:00 p.m., Monday, May 5, 1975. Voting Aye: All Voting No: None C, •da ACl CO r---r--- 1 r r 1 of 1r Imr W I7f LL) tilP1SII1I IL_ _.. _._./1 1-.1,......-_---1 L I _-.1.. RECESSED'MEETING OF CITY COMMISSION .. MAY 5, 1975 The City Commission convened in recessed session at the City Hall on Monday, May 5, 1975, 7:30 p.m., with the following members present: Mayor Wallin, presiding; .Comnissioners Binig,1Dunn, Stanley and Thompson: The City Attorney and 'City.Managerfwere also present:. . . ' Mayor Wallin advised that this was.a continuation.of a meeting.of•the City ... Commission on'April 22; 1975; at which time a public hearing was held to . consider 'a recommendation and final report of the Zoning.and Planning Commis- sion to rezone Lots 5, 6, 7, 8, 9 and 10, Block 25, Colllegeview lst. Addition . for vehicular parking. 1 The Commission was advised theta motion did not have to be on the floor in order to discuss the recommendation. i .1., . . 71 , - ! City- Attorney Charles Cockrell advised the Commission .that the recommendation could be accepted as contained in the Final Report of the Zoning and Planning Commission;:amended if desired by the City Commission; or additions and changes made. - .. ' • ., { The fact that only Southwestern Bell Telephone Company had filed a formal application.requesting that Lots -5 and 6 owned by, them be.rezo e.d for parking purposes:was discussed by the Comni.ssi.o:n. - "—` Plans:for the construction of the parking lot planned by Southwestern Bell Telephone Company were reviewed by the Commission with considerable.discussion `-' regarding the proposed curb cuts onto Ruskin Street. Some members of the Com- mission were apposed tithe curb cuts inasmuch as there was a possibility of adding additional traffic onto a residential street. Discussion concerning rumors that owners of Lots 7 and 8 proposed to use such property for a loading dock concluded that the provisions of an ordinance could preclude such usage. Motion by Commissioner Binig, seconded by Commissioner Thompson, that the Final Report including all of the nine (9) points of the Zoning and Planning Commission dated March 24, 1975, recommending that Lots 5, 6, 7, 8, 9 and 10, Block 25, Collegeview 1st Addition be rezoned for the purpose of parking non-. commercial passenger vehicles be accepted. Voting Aye: Binig Voting No: Dunn ' Thompson , • . Stanley Wallin With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 8:00 91,,,,e_ MAYOt) �`' i 1 ATTES . Accicunt . v-cWrrpifary Exhibit "F" • City of West University Place APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") Address of site: 4086 Bellaire Boulevard,6707 Academy St. and '0" Ruskin Street,City of West University Place, "Texas 77005 Legal description of the site: Lots 1-6, Block 25 of Coltegeview Section I Applicant: Southwestern Bell Telephone Company dlb a AT&T Southwest,AT&T DataComm,AT&T Texas Address: Contact: Reid Wilson Phone: 713-2229000 Fax: 713_279-8874 Email: rwilson @wcglaw.com Decision or Action Requested(check one or more and provide requested data): (X)Appeal.Hear and decide an appeal from an order requirement decision or determination made by the Administrative Official. • Is the official's action in writing?( )Yes, ( )copy s attached ( )No,but the action appealed is as follows: See attached • When was the action taken? Note Appea:s must be filed within a reasonable time. Please explain any delay below: See attached • Exact zoning ordinance section(s)involved • Grounds for appeal See attached ( )Special Exception. • Exact zoning ordinance section that authorizes the special exception Section 12-106 • Exact wording of special exception requested: ( )Variance. • Exact zoning ordinance section from which a variance is requested • Exact wording of variance requested' Other Data. Are there drawings or other data? ( )No ( )Yes(list items here and attach them) Attached. The appli._ • read the tit: and Cat regVla ons :ttach:d Signature of applicant 1 _ 0101-11• xi, :117 era o( ' p icant rt J 010 For Staff Use only Date ed: L1 1 Date heard: f ' 0"--D�J G Docket#: w On June 24th, in Docket No. 2016-005, the Board of Adjustment decided to reverse the decision of the Administrative Official dated April 7, 2016 that"...the activities of loading/unloading and stocking AT&T service vehicles and the temporary inventorying of supplies are allowed use in the (AT&T) Parking Area." This decision has not yet been reduced to writing or filed with the secretary for the Board. Applicant is the owner of the land subject to the decision, but was not the applicant in the appeal, rather,was designated as a party in the matter. There is new evidence to be submitted to the Board, which was not presented to the Board at the meeting where the public hearing was held concerning the appeal, which evidence is relevant to the decision and is substantial new evidence,material to the Board's decision. Members of the Board sought information at the hearing on the following issues for which new and substantial evidence will be provided: 1. The allegation that the 6707 Academy building is a "warehouse"- Particularly, members of the Board sought to have information about the layout of that building, the % of area utilized for storage,ownership of trucks serving the supply area,frequency of those trucks and operation of the supply area. The new evidence will show that this building is not a warehouse, a small percentage of the area is used for storage(and all is on the fi),the basement and 2nd floor are empty and unused, the storage is in a caged area which is part of the meeting area for AT&T UVERSE service technicians, the only supplies stored are for AT&T UVERSE service vehicles, the delivery vehicles are primarily owned by AT&T, and the delivery vehicles come primarily from AT&T owned warehouses . Note: Use of the building's loading dock by AT&T owned delivery vehicles is permitted by the Board's January ruling. Johnnie Nicholson of AT&T UVERSE, the supervisor of the AT&T UVERSE service tech crews at 6707 Academy is available to provide testimony on these issues. A floor plan for the building showing the storage area, pictures of the supply area,and pictures of the vacant floors will be provided to the Board. 2. The use of the parking lot for inventorying of supplies in AT&T UVIRSE service vehicles as shown in the picture entered into evidence by Mr. Cole- Particularly, members of the Board desired information about the nature and frequency of the inventorying use and whether the picture constituted an accurate representation. The picture reflects routine, but infrequent activity of inventorying and "cleaning out" service vehicles. This activity is not daily or weekly. Mr. Nicholson is available on this issue. 3. The alle:ati•ns that AT&T UVERSE vehicles enter .nd exit the AT&T P.rkin: Ar-. hr• :hout the day.- Actually, techs leave in the morning (usually around 8-9 am) and return at the end of the day after making all service runs (usually 5-7pm). It is not routine for a tech to return to the parking lot and then leave again. The majorities of vehicles enter and exit prior to 7pm. Mr. Nicholson is available on this issue. • • 4. Intention of the City Commission in adopted Ord. 932 and 1039.- John Neighbors, the Mayor Pro-Tern who chaired the 1970 public hearing on Ord. 932 and the City Commission meeting where Ord.932 passed,is available to provide testimony to the Board. 5. Concern that Ord. 932 and Ord. 1039, as written, evidences an intent by the City Commission that parking use must satisfy all of the listed paragraphs, ie. including residential use.- Mr. Neighbors is available on this issue. The forgoing is meaningful evidence relevant to issues before the Board or raised by the Board. It was not anticipated by AT&T that factual information of this type was necessary to produce at the hearing. This evidence is readily available. Failure to consider this information will lead to an erroneous ruling. AT&T respectfully requests that the Board defer the signature of the order until after considering this request for rehearing, hear evidence from Misters Neighbors and Nicholson, and if the request of rehearing is approved,to conduct additional proceedings at its following meeting. Specifically, AT&T respectfully requests that the decision of the Board not be filed in the Board's office until the Board hears the request for rehearing, such that the period for judicial review under Tex. loc. Gov't Code Sec. 211.012 does not commence until that time. EXHIBIT"G" Testimony of John Neighbors July 28,2016 Zoning Board of Adjustment Hearing Audio Part 2: 1:53:04 John: Thank you, young people. I am John Neighbors. When I lived in West U I lived at 2809 Wroxton for 58 years and I currently live at 4718 Hallmark Drive. Mr. Wilson asked me to go back in memory to the period that you all are discussing in early 1970 regarding parking at Southwestern Bell. I don't have a full memory of all that happened so I took the liberty of reviewing three documents which carried the date of January 13 from the city commission and the zoning board adjustment, and a regular meeting of the city council in January 26, 1970 which I presided as Mayor Pro-tern, and Ordinance No. 932, and they all are pretty consistent as to what I remember the intention of the city council was at that time. This issue was actually an off shoot of the previous issue discussed tonight regarding the cul-de-sac on Ruskin, so the two actually tie together. A design to reflect back on this intention of this ordinance to rezoned the property for parking was for the employees of Southwestern Bell as well as vehicles owned by Southwestern Bell and that was the end of the discussion. There were quite long hearings as I remember, there were a lot of people that were concerned about the parking, but the final decision of city council,that it made sense not only to allow the parking, which was requested by Southwestern Bell, but also that the ancillary activities in connection with the vehicles of Southwestern Bell was an appropriate activity. That's essentially what I wanted to bring to your attention tonight. I would be happy to answer any questions. Question: So that was one of the things that we talked about in our previous sessions was how that it has changed over the years, and it seemed like what we were interpreting as a board, and I am speaking for myself, and may be extending to the others, was that we thought that over the years it had expanded dramatically, that it had moved from being primarily an office facility with some other service, but it seems to have transitioned to be primarily a service facility with these service vehicles that has changed the use of that, and based on that, we had much discussion on that topic, so your comments here are helpful. Any recollection you have of kind of the mix of what that facility was used for primarily as an office or service or both? John: Well it was a much smaller building of course then and a lot fewer employees. I would say essentially other than the changes in the technology involved, it would have been pretty much the same type of activity; service trucks, with employees using the trucks to go out and do the service work that was required. That I don't think changed other than the technology and maybe a few more trucks,that I can't answer, as to whether the owner of trucks involved was the same or less, that I can't talk about. Question: So the ancillary activities then may have included bringing materials to trucks, from the trucks, associated with the... G:\CLIENTS\10017\002\7.28.AUDIO HEARING\JOHN NEIGHBORS TESTIMONY.DOCX John: Anything that related to staffing the trucks and that sort of thing is pretty much consistent. I don't remember anything outside of that range. Thank you,that was helpful. G:\CLIENTS\10017\002\7.28.AUDIO HEARING\JOHN NEIGHBORS TESTIMONY.DOCX i Exhibit "H" • The City of\Vest University Place . 1 .vc.i:,,tovi/uxxl Zoning Board of Adjustment City of West University Place,Texas("City") Docket No: 20/4-OOS DECISION REGARDING AN APPEAL FROM A DECISION OF THE ADMINISTRATIVE OFFICIAL Address of building site: 4068 Bellaire Boulevard, 6707 Academy and"0"Ruskin Street Legal description of the building site: Lot 1-6, Block 25 of Collegeview, Section 1, in Harris County,Texas. Applicant: Robert Grossman Decision Appealed From: Determination of the Administrative Official regarding whether the activities of loading/unloading and stocking of AT&T service vehicles with daily work supplies and the temporary inventorying of such supplies in the designated parking area(which is on the north portion of the building site, adjoining Ruskin) are allowed uses. Applicant requested a reversal and revision of the determination. Notice,Hearing,Determinations, vote: (X) Notice of hearing was given by: Mail and on-site posting, in accordance with Article 11 of the Zoning Ordinance,by Debbie Scarce1la, City Planner of the City. (X) Hearing was held on June 23,2016. (X) Findings and determinations(if any)have been made,as follows:N/A (X) The vote was: 4 in favor, 1 against this decision Decision of the Zoning Board of Adjustment(subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, the Zoning Board of Adjustment hereby takes the following action with regard to the administrative decision referenced above: (x)reverses,in(x)whole or ( )part ( )Affirms, in(x)whole or ( )part ( )modifies, ( )other action(describe) And, accordingly, the Board makes the correct order, requirement, decision or determination, as follows: APPEAL Page 1 LQP 3800 University Boulevard 1 West University Place, TX 77005 1 www.westutx.gov • S Tlic City of Wcst University Place ! ,\'ci;;h(x irrimd Gtr The activities of loading/unloading and stocking AT&T service vehicles and the temporary inventorying of vehicle supplies are not allowed used in the Parking Area. Other Provisions: THIS DECISION APPLIES ONLY TO THE SPECIFIC ITEMS DEFINED ABOVE. IT DOES NOT APPLY TO ANY OTHER ASPECT,USE OR PART OF THE SITE OR STRUCTURE IN QUESTION,NOR DOES IT APPLY TO ANY OTHER ACTIVITY,SITE OR STRUCTURE. TO OBTAIN A RULING FOR ANY OTHER ITEM REQUIRES SEPARATE APPLICATION, NOTICE, HEARING,PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION IMPLIES THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD. THIS DECISION REMAINS IN EFFECT FOR AN INDEFINITE PERIOD,UNLESS A TEMPORARY OR FIXED PERIOD IS INDICATED ABOVE. THIS DECISION REMAINS SUBJECT TO TI-IE REGULATORY JURISDICTION OF THE CITY. IT MAY BE AMENDED OR REVOKED. THIS DECISION GRANTS NO PROPERTY RIGHT OR VESTED RIGHT OF ANY KIND. Effective Date&Appeals:Subject to any applicable appeals,this decision takes effect on the date it is filed in the Board's office(c/o Secretary of the Zoning Board of Adjustment,3826 Amherst,West University Place,Texas 77005),unless otherwise indicated above. Any re- hearing of this decision is governed by the rules of the Zoning Board of Adjustment. Any appeals of this decision arc subject to and governed by applicable ordinances and laws, including: the Zoning Ordinance and Chapter 211,Tex. Local Government Code. Under Chapter 211,petitions for judicial review must be presented within 10 days after the date this decision is filed in the Board's office. ZONING BOARD OF ADJUSTMENT, CITY ► ' EST UNIVERSITY PLACE,TEXAS Ak By: Press= • Officer,Zoning Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS w a s acknowledged before me on 1 ' 1l ( (d a t e)b y S i t Y 0 1 1 y e l( —S • 59rl stm ng Officer of the Zoning Boa-d of Ac uent of the City of West University Race, yam: y • ? Atopai�tiisdortecpires` 9'12-111' 1% ''••�1rao�+ ;, Notary Public OAPPEAL Page 2 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov a • • The City of\Vest Unix crsity PIace % Veig iborhtn)cI t.'in This instrument was filed in the Board's office on i l �✓ � (� , and, if a mailing list is attached, copies were mailed to the per tons •' the list on (N/A. By: 6 rte Name: "ri - Title:Ct PI' AI flV APPEAL Page 3 finis 3800 University Boulevard ( West University Place, TX 77005 ( www.westutx.gov 110 e3 M BELLAIRE BOULEVARD b (120 R.O.W.) y n 2 *� 25 B IL6ING SE713A E , H A 0 m rm� ooN S O =zpmzON rnw L5 I V (CAI 73 p 0 m A �� ( m�z m / X >m • f/1 0< _ ?r0 z,_ f1 X —1_<r N N C) 01 D U1I r m m a ('M•o•a .09) D N �] S NOSV3 -< o ` 0 C m tli rr .09'69) "-M,I`)19 5 4tli t O 1 m i L_ L--7 4"_7 L-7 L.-7 o Ib A n to j. > to p �\ £� NO li _.,_____.,i________H o ' m Yx g, 3 ('M'0 el 09) 2 g � F . 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"tr IF" ■■■ City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE AND CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS SO AS TO CHANGE THE ZONING DISTRICT FOR A CERTAIN BUILDING SITE LOCATED AT THE CORNER OF THE INTERSECTION OF ACADEMY AND RUSKIN STREET (LOTS 1-4, BLOCK 25, COLLEGEVIEW SECTION ONE) FROM "SF3" (THIRD SINGLE FAMILY (DETACHED) DISTRICT) TO "PDD-SF2" (PLANNED DEVELOPMENT DISTRICT-SECOND SINGLE FAMILY) DISTRICT; CLARIFY AND ADD LANGUAGE ALLOWING FOR INCIDENTAL USES WITH A SPECIAL EXCEPTION WITHIN THE SF2 DISTRICT; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") has submitted a preliminary report on a proposal to amend the zoning ordinance of the City, as last reformatted and re-adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the preliminary report also proposes an amendment to the Code of Ordinances of the City including a zoning district change for the building site located at the corner of the intersection of Academy and Ruskin Street, more fully described as Lots One through Four of Block Twenty-five out of the Collegeview Section One Subdivision of Harris County, Texas clarifying language that will allow for incidental uses to be authorized with a special exception; and WHEREAS, the Z&PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on at the same place, unless rescheduled. The City Manager may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A. Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. Alternately, the notices may be included within the newsletter or with utility bills or may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED, APPROVED, ADOPTED AND SIGNED on , 20_ Attest/Seal: Signed: City Secretary Mayor Recommended: City Manager Approved as to legal form: City Attorney Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 April 12, 2018 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a request to amend the Zoning Ordinance and Code of Ordinances, including the Zoning District Map of the City of West University Place, Texas ("City") relating to changing the use a building site located at the corner of Academy and Ruskin Street from "SF3" (Single Family (Detached) 3) District to "PDD- SF2" (Planned Development District Single Family Two) District. To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its preliminary report, on the subject proposal, for the assistance of the Council as well as other interested persons . Scope of Proposal. The purpose of this proposal is to amend the Zoning Ordinance and Zoning District Map by changing the zoning district designation of the building site located at the corner of the intersection of Academy and Ruskin Street, more fully described as Lots One through Four in Block Twenty- five of the Collegeview Section One subdivision. This request by the property owner, AT&T (Southwestern Bell) , is to rezone four of six abutting lots that have been developed as parking for the main ATT structure fronting on Bellaire Boulevard. The site was originally developed as single family residential. There were 10 abutting lots that fronted on Ruskin Street. In 1970, four of the lots (One through Four) were granted a special exception for use as parking for the then Southwestern Bell (SWBT) vehicles and the vehicles in use by the SWBT employees. Five years later in 1975, a second exception was granted for parking of vehicles on Lots Five through Ten, restricting Lots Seven through Ten to passenger vehicles only. There were restrictions associated with the special exception as to plantings, fencing, lighting, etc. The underlying zoning designation for lots Five through Ten has remained residential, but subsequent zoning ordinance amendments and zoning map adoptions have at different times changed to townhome "Ruskin Townhome District" and eventually to the current PDD-SF2 designation. Lots One through Four have remained in the SF3 Disrict . The PDD-SF2 District has the same restrictions and requirements as the SF3 District. Both only allow residential use, have the same setbacks and height and area restrictions, curb cut and driveway restrictions, etc. The one thing that separates the two districts is the language that authorizes the ZBA to issue a special exception to allow a parking lot for adjacent business activities. Amending the zoning designation for Lots One through Four, would allow the block of ten lots to be within the same zoning district with the same regulations . The proposal also includes language See Attachment 1 to this report) that would give the ZBA authority to specify the type and nature of allowed incidental activities when granting a special exception for parking. The incidental uses would have to be related to the use and the lots must be held under common ownership. Preliminary Recommendation. Subject to further review following public hearing, the Commission: (i) finds that the proposal, if adopted, would be in the public interest, (ii) makes a preliminary recommendation favorable to the proposal, (iii) recommends that the City Council call a joint public hearing to consider this matter. The Commission invites all interested persons to participate in the joint public hearing. The Vote. The vote on approval of this report was as follows : voted "aye; " "noes; " Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission Attachment 1 4-12-18 Amend Note 5 in Table 7-1 "Uses" to read as follows: Note 5. Parking and Incidental Use in PDD-SF2. The ZBA may issue a special exception to authorize parking of motor vehicles and incidental uses in connection with nearby permissible commercial activities on adjacent land held under common ownership, upon approval by the ZBA of fathe types of vehicles, design of parking facilities (including landscaping, paving, lighting, fences or walls, signs, etc.) and curb cuts: and, (ii) the types and nature of incidental uses, all of which may be included as site-specific conditions of the special exception. Exhibit B NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ("City") will hold a joint public hearing in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston,Texas 77005 during the City Council meeting set to begin at 6:30 PM on . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on , at the same place. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to proposals to amend the City's Zoning Ordinance(and Code of Ordinances)including the Zoning District Map,as follows: Request for Rezoning of Lots 1-4 Block 25 of Collegeview Section 1. Scope of Proposal. The purpose of this proposal is to amend the Zoning Ordinance and Zoning District Map by changing the zoning district designation of the building site located at the corner of the intersection of Academy and Ruskin Street, more fully described as Lots One through Four in Block Twenty-five of the Collegeview Section One subdivision. This request by the property owner,AT&T(Southwestern Bell), is to rezone four of six abutting lots that have been developed as parking for the main ATT structure fronting on Bellaire Boulevard. The site was originally developed as single family residential. There were 10 abutting lots that fronted on Ruskin Street. In 1970, four of the lots (One through Four) were granted a special exception for use as parking for the then Southwestern Bell (SWBT) vehicles and the vehicles in use by the SWBT employees. Five years later in 1975,a second exception was granted for parking of vehicles on Lots Five through Ten, restricting Lots Seven through Ten to passenger vehicles only. There were restrictions associated with the special exception as to plantings, fencing, lighting, etc. The underlying zoning designation for lots Five through Ten has remained residential, but subsequent zoning ordinance amendments and zoning map adoptions have at different times changed to townhome"Ruskin Townhome District" and eventually to the current PDD-SF2 designation. Lots One through Four have remained in the SF3 Disrict. The PDD-SF2 District has the same restrictions and requirements as the SF3 District. Both only allow residential use, have the same setbacks and height and area restrictions, curb cut and driveway restrictions, etc. The one thing that separates the two districts is the language that authorizes the ZBA to issue a special exception to allow a parking lot for adjacent business activities. Amending the zoning designation for Lots One through Four, would allow the block of ten lots to be within the same zoning district with the same regulations. The proposal also includes language that would give the ZBA authority to authorize the type and nature of incidental activities when granting a special exception for parking. The incidental uses would have to be related to the use and the lots must be held under common ownership. Additional details on the proposal as well as the Zoning Ordinance and Code of Ordinances are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning Ordinance and Code of Ordinances would apply generally within the City, and any person interested in such matters should attend the hearings. The proposals may be adopted only after notice and hearing and would control over anything inconsistent in the current Zoning Ordinance or Code of Ordinances. Date: /s/City Secretary Public Works Department 38w 1;nivcrsa■ lihd. ()City Ot V`(csr 1'tlivcr,irc 1'Lur. 1'V -?005 West University 13.668 +i Place VNAN' \A,c,g1r..g,A April 5, 2018 Dear Resident/Property Owner, Enclosed please find a copy of the Zoning and Planning Commission Agenda for April 12, 2018 meeting that is scheduled to start at 6:15 pm. You are receiving a copy of this letter so that you are aware there will be a presentation on behalf of AT&T regarding a possible rezoning of their property at the corner of Academy and Ruskin Streets. The rezoning will affect the four lots closest to Academy where parking for the building on Bellaire is currently utilized. The request is to rezone these four lots from a Single Family(Detached) 3 (SF3) to a Planned Development District Single Family 2 (PDD-SF2) classification. A full copy of the request can be accessed by going to www.westutx.gov/zpc The meeting on April 12t will be a regular meeting in which the Zoning and Planning Commission will hear information on the application and determine if a preliminary report to the City Council to call for a joint public hearing should be approved. If a public hearing is scheduled, all property owners/residents within 200' feet of the site will be mailed a notice of the public hearing. The notice will also be sent out with water bills and posted in a local area newspaper. If you need additional information or have questions,please call the Public Works Customer Care line at 713-662-5839 and we will be happy to assist you. Debbie Scarcella City Planner City of West University Place 3826 Amherst,West University Place,TX 77005 Tel 713.662.5893 Fax 713.662.5369 From: Robert Grossman To: Wilson.Richard Subject: ZP&C Agenda Item#1 Notice violated Texas Local Government Sec 211.007(c) Date: Monday,April 09,2018 4:47:57 PM I ask that the ZPC reschedule this agenda item to the next meeting which is in May. Additionally, I am requesting that the City Zoning Official revise the notice to properly describe the two ATT rezoning requests 1) to change the zoning classification of some properties and 2) to change the definition of a zoning classification. This request reflects the position of all the neighbors that I met with on Saturday and Sunday April 8 and 9. Several neighbors were out of town. The notice was not given prior to 10 days before the meeting. The Rezoning Hearing is scheduled for Aril 12, 2018. The notice by City Official was not authored or mailed prior to April 5, 2018. Property owners received the notice on April 7, 2018. The notice failed to inform the property owners that the ATT application for rezoning included a change in use for all lots that are zoned PDD SF2 on the south side of the 4000 Block of Ruskin. It states that the meeting concerns only the 4 lots on the south east corner. The notice fails to describe the agenda item as a hearing for change in zoning classification but instead describing it as a presentation. I met with many property owners in the nearby area. None understood that the proposed meeting was a Rezoning Hearing that would effect all the lots of the south side of 4000 Block of Ruskin. Because the notice was received on Saturday afternoon several property owner will not read the notice until today. The property owners are unable to prepare a thorough non duplicative remarks with the goal of efficiently and fully inform the ZP&C of their ideas about these changes. I hope that you are able to reschedule this item as requested as I believe this will benefit all parties. Sincerely, Robert Grossman 832 877 0158 4103 Ruskin 77005 Sent from Mail for Windows 10 Josie Hayes From: Robert Grossman <rhgrossman @aol.com> Sent: Monday, April 09, 2018 5:51 PM To: Debbie Scarcella Subject: Request to Reschedule Agenda Item 2 of ZPC meeting of April 12 to the next meeting in May Request to Reschedule Agenda Item 2 of ZPC meeting of April 12 to the next meeting of the ZP&C. Additionally, I am requesting that the City Zoning Official revise the notice to property owners to describe the two ATT rezoning requests 1 ) to change the zoning classification of some properties and 2) to change the definition of a zoning classification. This request reflects the position of all the neighbors that I met with on Saturday and Sunday, April 8 and 9. Several neighbors were out of town. The notice was not given prior to 10 days before the meeting. The ZPC hearing is scheduled for Aril 12, 2018. The notice by City Official was not authored or mailed prior to April 5, 2018. Property owners received the notice on April 7, 2018. The notice failed to inform the property owners that the ATT application for rezoning included a change in use for all lots that are zoned PDD SF2 on the south side of the 4000 Block of Ruskin. It states that the meeting concerns only the reclassification of 4 lots on the south-east corner. The notice fails to describe the agenda item as a hearing for changes in zoning classification but instead describing it as a "presentation." I met with many property owners in the nearby area. None understood that the proposed meeting was a rezoning hearing that would affect all the lots on the south side of 4000 Block of Ruskin. Because the notice was received on Saturday afternoon several property owners will not read the notice until today. The property owners are unable to prepare thorough nonduplicative remarks with the goal of efficiently and fully informing the ZP&C of their ideas about the ATT application. I hope that you are able to reschedule this item as requested as I believe this will benefit all parties. Sincerely, Robert Grossman 832 877 0158 4103 Ruskin 77005 1 Public Works Department 1t;r:rI'flit.r:ii,. ' .... I.N -7005 City of i3-GGfi 41!1 West University Place April 5, 2018 Dear Resident/Property Owner, Enclosed please find a copy of the Zoning and Planning Commission Agenda for April 12, 2018 meeting that is scheduled to start at 6:15 pm. You are receiving a copy of this letter so that you are aware there will be a presentation on behalf of AT&T regarding a possible rezoning of their property at the corner of Academy and Ruskin Streets. The rezoning will affect the four lots closest to Academy where parking for the building on Bellaire is currently utilized. The request is to rezone these four lots from a Single Family(Detached) 3 (SF3) to a Planned Development District Single Family 2 (PDD-SF2) classification. A full copy of the request can be accessed by going to wwwus.aox;zp _, • NEOPOST FIRST-CLASS MAIL City of West University Place .F1 #=7/Y, '�1�'� 3800 University Boulevard US POSTAGE $000.47° West University Place, Texas 77005 ycled Paper OEN 77005 C 041M11277553 r 1 ______________ ROBERT& PRANCES GROSSMAN 4103 RUSKIN ST HOUSTON, TX 77005-3545 7700S-354E303 M11"11',II'll'1111"III1l 11thi ll"1111,1'1illi+ll,l,J1iiil,+1 • April 11, 2018 Richard Wilson Chair, ZPC Dear ZPC Members, I apologize for not being able to appear in person on short notice. If there is a possibility of allowing this AT&T requested re-zoning, I ask that we follow the rules for noticing so our community attend. AT&T is seeking to transform a clear decision upheld multiple times that allows use of their single-family lots for their parking into a free ticket to increase commercial use. In purchasing my house at 4107 Ruskin St within 200 feet of the single-family lots owned by AT&T, the understanding from our community was that these lots could be and were used by AT&T for their parking, but if sold they would be zoned single family. If AT&T can magically make their residential lots into commercial property then adverse impacts on West U are obvious and lasting. I trust in the integrity of our zoning and that you will maintain it despite the smoke and mirror arguments by AT&T attorneys. Thank you very much for listening. S-2a.c:77---'0.1.----, Prof.John A.Tainer, Ph.D. MD Anderson Cancer Center and 4107 Ruskin St. West U. SOUTHWESTERN BELL TELE CO U WEST MARKETPLACE ASSOC JULIE A ELLIS& MARTHA J SIMPSON 909 CHESTNUT ST, ROOM 36 105 TOWN CENTER RD 4004 RUSKIN ST SAINT LOUIS, MO 63101-2017 KING OF PRUSSIA, PA 19406-2394 HOUSTON, TX 77005-4335 CLARENCE W & DEBORAH S CULVER JEFFREY&TIFFANY NOTTINGHAM JASON R&ASLEY D PERKINS 4008 RUSKIN ST 4012 RUSKIN ST 4016 RUSKIN ST HOUSTSON,TX 77005-4335 HOUSTON,TX 77005-4335 HOUSTON,TX 77005-4335 AMAR &TEJAL PATEL BORIS & RENATA N MARKHASIN WILLIAM B & RUTH HERLONG 4020 RUSKIN ST 4024 RUSKIN ST 4028 RUSKIN ST HOUSTON,TX 77005-4335 HOUSTON,TX 77005-4335 HOUSTON, TX 77005-4335 JOHN BUERGLER & KARLA BRIAN D&JENNIFER G BLACK ROBERT& FRANCES GROSSMAN KURRELMEYER 4040 RUSKIN ST 4103 RUSKIN ST 4036 RUSKIN ST HOUSTON,TX 77005-4335 HOUSTON,TX 77005-3548 HOUSTON,TX 77005-4335 RICHARD W& KRISTIN H MORRISON JOHN TAINER & KATHARINA MELINDA H YEE 4104 RUSKIN ST SCHLACHER 4108 RUSKIN ST HOUSTON, TX 77005-3549 4107 RUSKIN ST HOUSTON,TX 77005-3548 HOUSTON,TX 77005-3548 RASHMI ET AL JAITLY TERENCE W LYNCH CYRUS& LILIAN IRANI ATASU K ET AL NAYAK 4112 RUSKIN ST 4115 RUSKIN ST 4111 RUSKIN ST HOUSTON,TX 77005-3549 HOUSTON,TX 77005-3548 HOUSTON,TX 77005-3548 NYCE, LLC DAVID& PEGGY 0 COLE P.O. BOX 1614 4104 CASON ST BELLAIRE,TX 77402-1614 HOUSTON, TX 77005-3535 ROSA M ESTRADA-Y-MARTIN CURRENT OWNER CURRENT OWNER SANDRA A OLDHAM 3820 BROWNING ST 4102 BLLAIRE BLVD 4120 CASON ST HOUSTON,TX 77005-2040 HOUSTON,TX 77025-1004 HOUSTON,T 77005-3535 LIHSI &WENDY L YU JAMES D & KRISTIN MCALPIN STEPHEN 0 BOYD &WALLACE L MIERS 4015 RILEY ST 4019 RILEY ST 4023 RILEY ST HOUSTON,TX 77005-4328 HOUSTON,TX 77005-4328 HOUSTON, TX 77005-4328 MICHAEL J &STASA J CUSHMAN MAXIMILIAN & DONNA BUJA NAMEET S&SABINA D WALIA 4027 RILEY ST 4029 RILEY ST 4035 RILEY ST HOUSTON,TX 77005-4328 HOUSTON,TX 77005-4328 HOUSTON,TX 77005-4328 JEFFREY T&ANNABELLA RELF P.O. BOX 107650997 SIOUX FALLS, SD 57186 Appendix A—Zoning Ordinance Section 11-102.-Findings; burden of proof. (a) Variances. The ZBA may not issue or modify a variance unless all of the following circumstances are present: (1) The ZBA has made all findings and determinations required by state law for the granting of a variance.A "special condition" or"hardship"that is self-created, personal or based only on financial reasons is not sufficient to support the issuance of a variance. (2) The ZBA has made any additional findings and determinations required by a specific provision of this section which relates to the variance. (3) The variance has been reduced to writing and includes any conditions prescribed by the ZBA or required by this section for the variance in question. (b)Special exceptions. The ZBA may not issue or modify a special exception unless all of the following circumstances are present: (1) The ZBA has determined that the proposed special exception will not cause any significant increase in on-street parking, will not cause any substantial traffic congestion, will not cause any substantial increase in traffic or an unreasonable burden upon utility systems or upon any other public facility or public service. (2) The ZBA has determined that the proposed special exception will be in harmony with the general purpose and intent of this section. (3) If the proposed special exception involves a bar,the ZBA has found that the applicant has clearly demonstrated that there is a readiness, willingness and ability to comply with all applicable laws, rules, regulations and ordinances relating to alcoholic beverages. (4) The ZBA has made any additional findings and determinations required by a specific provision of this section. (5) The special exception has been reduced to writing and includes any conditions prescribed by the ZBA or required by this section for the special exception in question. (c)Burden of proof The applicant has the burden of presenting evidence to the ZBA and persuading the ZBA that: (1) Each circumstance required for a variance or special exception is present; and (2) Each required finding and determination is supported by substantial evidence. APPENDIX D-COMPREHENSIVE PLAN As adopted by City of West University Place Ordinance No. 2033 , passed on second and final reading May 22, 2017. Article I. - PURPOSE Section 1.01. - Introduction. The Comprehensive Plan, hereafter referred to as the "Plan," is designed to promote the general health, safety, and public welfare of the residents of West University Place. Its purpose is to guide the long-range development of the City and good government. The Plan is a policy document to be used as a framework for implementing community goals and objectives and a guide for decisions involving capital improvements, zoning and subdivision matters, neighborhood safety, community appearance, regulatory issues and other matters of similar importance. Unless otherwise specified by the City Charter, the relationship between this Plan and the City's various development regulations is defined by separate ordinance. That ordinance, which is codified in Chapter 1 of the City's Code of Ordinances, also provides standards for determining the consistency required between this Plan and development regulations and establishes procedures for adopting and amending a comprehensive plan. Section 1.02. - Mission Statement. Inasmuch as the City is almost completely developed and most of its land area is devoted to single- family residential uses, the single-family e Plans goal is to maintain and encourage the traditional sin le Y 9 9 9 residential character of West University Place as a friendly, safe, economically stable and attractive community. It is also intended to minimize any adverse effects of non-residential development and uses. Maintaining a strong sense of neighborhood and community are fundamental priorities, as is preserving the mature tree canopy that is a signature element of the community's character and image. Crime prevention and residential security should remain a prime focus of municipal government. To the extent it can, the City should also safeguard the community against external factors that can affect residents' quality of life, such as intensive development and redevelopment in adjacent jurisdictions, major street and infrastructure projects by other public agencies, and lingering blight removal and revitalization needs in the vicinity of West University Place. Article II. - HISTORICAL West University was created from an area of swamp land west of Rice University off Old Spanish Trail. In 1912, the governor of Tennessee, Ben Hooper, bought 750 acres for a community of country homes outside the City of Houston. The area was advertised as an exclusive neighborhood, but it was not initially popular. Most of the first residents were families who moved to Houston so the men could work at Rice University as professors. Many publications advertised West University Place as an attractive cozy neighborhood. Development began in the early 1920's. The area was described by many as a virtual treeless prairie. In the Second Addition of West University Place, the builder tried to make the area seem more prestigious by naming the streets after colleges and universities. Many of the original homes were two-story structures, small cottages, and bungalows. A rural-like atmosphere derived from numerous fruit, flower and vegetable gardens. West University Place was incorporated in 1924 with approximately 40 families. Incorporation brought higher taxes, a city hall, fire station, street improvements with curbs and gutters, and organized police and fire protection. As a Home Rule Charter city, the municipality has a Council-Manager form of government. Since the 1980's, West University Place has experienced significant private urban development. Many of the original bungalows and cottages have been replaced with large two-story custom-built homes. Article III. - DEMOGRAPHICS Section 3.01. - Population Trends. (a) The population of West University Place was greatest in the 1950's when the count peaked a bit over 17,000. A low of 12,010 was reached in the 1980's. The last census count in 2010 showed 14,787 residents and 5,548 housing units. Demographic Indicators for West University Place (2000-2015) Median Age 19 Age 65 Year Population Age or Less or More 2015 15,400 42.4 30.9% 11.0% (estimated) 2000 14,211 39.3 31.2% 7.6% SOURCE: U.S. Census Bureau, Texas State Data Center, Houston-Galveston Area Council. (b) This Plan recognizes that, as a largely built-out community, West University Place will not show any significant gains in population or housing units in the years ahead. In fact, there could be fewer single-family homes in the future if more buyers choose to purchase and consolidate adjacent lots for additional space and yard area. Census 2010 reported 5,548 housing units in the city, and as of October 2016, the City showed approximately 5,500 active residential water accounts. As part of its regional growth forecast through 2040, the Houston-Galveston Area Council (H-GAC), the regional planning agency for the Houston metropolitan area, projects that West University Place will have 15,588 residents in 2020, relative to a 2015 estimate of 15,400 residents as indicated in the Existing City Report for this Plan. For the later decades, H-GAC projects that West University Place will just surpass the 16,000 mark in 2030 (16,012), as part of the ongoing growth trajectory of the entire Houston area, but will then fall back to nearly 15,000 by 2040 (15,034). If the housing quantity in the city varies little, as expected, then a key indicator to watch will be persons per household to account for the relatively minor fluctuations in total population. Related factors behind such variations can include ebbs and flows in the rate of family formation, family sizes, turnover in two-person senior households and one-person widower households over time, and the extent of young adults and/or seniors living for a time with other family. Article IV. - LAND USE Section 4.01. -Single Family Residential. (a) As the community's first generation single-family detached garage residences become a smaller share of the housing stock, the City should encourage the preservation, maintenance and, where possible, the enhancement of such homes through targeted ordinance provisions that provide reasonable relief from typical zoning standards without compromising protection of adjacent residential properties. (b) The City should continuously monitor the density, placement, quality and nature of any new residences, replacement residences and additions to insure consistency and compatibility to existing development. The City should preserve existing mature trees and pervious land surfaces on lots as prescribed by the City's development regulations. (c) Single-family residential districts must be protected from commercial and non-single family uses. Buffering, visual screening and noise control should be required between residential districts and both non single-family residential and commercial land use. (d) Ingress and egress to higher intensity land uses should be designed so that non-local traffic will be discouraged from passing directly through single-family residential districts. (e) No areas zoned and developed as single-family residential development should be rezoned for any other use or type of redevelopment. Section 4.02. - Non Single-Family Residential. (a) Non single-family residential development, in the form of medium to higher density cluster development, may only be permitted on the periphery of the City or in areas properly zoned. (b) The general orientation of non single-family residential land use should recognize the sensitive relationship to its abutting residential district. (c) All uses adjacent to single-family residential districts must be properly buffered, screened and regulated as to parking, height, density and noise control. Section 4.03. - Parks and Open Space. The City parks and recreation areas generally contribute to the health, safety, property values and well-being of the residents. The City should continue to adhere to its then current Parks and Open Space Master Plan along with an ongoing maintenance plan that serves the needs of the residents. The City should evaluate future opportunities to acquire additional land within the city limits as it becomes available. Among the priority considerations for the Traffic portion of this Plan should be safety enhancements for children and adults who cross major streets to go to and from City parks. Section 4.04. -Zoning Ordinance. (a) The City's zoning ordinance shall serve as the regulatory resource for the development of all land use and other general physical development considerations. By careful and consistent application of the zoning ordinance, the City shall seek to preserve and enhance property values while preserving the traditional single-family residential character of the community and quality of life for its residents. (b) The existing zoning ordinance should be periodically reviewed and amended as necessary. (c) Zoning ordinances shall be complementary to the building code standards. (d) Unless otherwise specified in the City Charter, the relationship between this Plan and the City's various development regulations, including the zoning ordinance, is defined by separate ordinance. See Section 1.01, above. Article V. - PERIPHERAL DEVELOPMENT Section 5.01. -General. (a) The City should encourage the maintenance and upgrading of existing structures and ensure high quality, compatible development and redevelopment in peripheral areas of the City as elaborated in item (b), below. The periphery of the City not located on major thoroughfares (as well as Bissonnet Ave. within the City) is zoned for single-family use and should remain as such. (b) The peripheral area zoned for non single-family, commercial use should not be expanded. Commercial uses which are compatible with close proximity to single-family residential neighborhoods and are appropriately buffered, screened and regulated as to parking, height, density and noise control may be allowed. Signs and lighting should be restricted to prevent visual pollution. Zoning procedures, such as planned development districts, should be considered as a tool to encourage redevelopment. Factors relevant to a peripheral property should include: major thoroughfare traffic characteristics, historic use, adjacent residential properties, size, ingress and egress, the nature of the existing development on the major thoroughfare, and all other factors that might negatively impact single-family residential uses. (c) The City should consider ways to encourage and support the redevelopment of peripheral areas. It should also coordinate with the Cities of Houston and Southside Place regarding the major thoroughfares within those jurisdictions. Section 5.02. -Signs. (a) The City's boundaries should continue to be clearly identified with distinctive street signs to visually distinguish the City of West University Place from the cities of Houston, Bellaire, and Southside Place. (b) All signs should be strictly regulated to prevent visual pollution. Article VI. -TRAFFIC Section 6.01. -General. West University Place experiences local traffic, congestion and personal safety issues that stem, in part, from its position as an enclave City amid the increasingly populous and intensively developed central area of Houston. The City should continue to encourage the separation of pedestrian and vehicular traffic in the existing roadway system and safe walking and biking practices. Since new roadways are unlikely, the City should monitor, assess and make recommendations relating to traffic flow including pedestrian, bicycle and related safety issues, especially in Town Center around West University Elementary, as well as other key streets and intersections across the community. Section 6.02. - Maintenance. Street and road maintenance and repair should have constant high priority. Repairs should be done efficiently, with a minimum of discomfort and inconvenience to residents, and coordinated with management of infrastructure projects. Article VII. - PUBLIC UTILITIES & FACILITIES Section 7.01. -General. As an enclave City, West University Place has only partial control of its storm water management, which ultimately depends on the downstream capacity of drainage channels and receiving waters managed by other public agencies. Within the city limits, the City should closely monitor drainage matters to encourage the efficient evacuation of storm water so as not to affect neighboring lots. No new development should be allowed within the City unless the required public utilities needed to support such proposed development are in place. The City is encouraged to explore innovative ways to conceal, as in the case of personal wireless service facilities, satellite communication appliances, and solar arrays, and to have disused wires removed from utility poles and relocate utilities underground where feasible so as to minimize impact upon City streetscape and public ways. In all aspects of its capital projects and maintenance programs, the City should consider "green infrastructure" design methods and Low Impact Development practices where appropriate and cost effective. Section 7.02. - Lighting. The City completed the Streetlight Project in 2009 which installed approximately 2,000 streetlights throughout the City with a focus on providing safer vehicular and pedestrian movement. Maintenance of this investment and possible enhancements to the lighting remains a focus going forward. Section 7.03. -Sidewalks. The City completed the Sidewalk Master Plan which installed sidewalks throughout the community to create a more pedestrian-friendly environment. Maintenance of this investment remains the focus going forward. Section 7.04. - Facilities. The City should continue to utilize and maintain its municipal land and facilities in accordance with its then current Facilities Master Plan to ensure efficient operations and flexibility for future adjustments or expansion. Article VIII. -TOWN CENTER Section 8.01. -General. Approximately a 25-acre area which includes West University Elementary, the City's administration building and related facilities, West University Baptist Church, Harris County Library Branch, West University Methodist Church and the retail area on Edloe constitute the Town Center. Most interaction between residents occurs in this area through municipal functions, educational activities, shopping, religious activities/programs and youth sports. Much of the small town atmosphere so prized by residents of the City derives from the interactions in the Town Center, The Town Center is a mixed use area, containing government, education, religious, recreation and retail uses. The Town Center and its existing uses should be preserved and enhanced, especially the valued green space and athletic fields around West University Elementary given their importance to community interaction and Town Center aesthetics. Expansion should be allowed only where appropriate so as to preserve a positive impact on the residential area, based upon an individual consideration of the particular expansion. As part of enhancing Town Center as a community focal point, opportunities for more public art installations within Town Center should be pursued as appropriate. Section 8.02. -Town Center Commercial District. (a) It is expected that businesses in the Town Center Commercial (TCC) zoning district will continue to provide services to the local market for the foreseeable future. Property owners will be able to continue operation under the Prior Nonconforming Use Exception, subject to compliance with all applicable requirements of the zoning ordinance, or may redevelop in accordance with the latest zoning regulations. The City should monitor land uses, business operations, and parking patterns in the TCC and periodically evaluate the positive and/or negative impacts of the TCC on residential property values in the City in order to determine whether further amendments to the zoning regulations applicable to the TCC are warranted. (b) The City should make usual and necessary capital improvements to support incremental or complete redevelopment in the TCC. Article IX. - LOCAL PUBLIC INSTITUTIONS & PLACES OF WORSHIP Section 9.01. -General. Residents of the City support and enjoy many local public institutions and places of worship. Official City policies should recognize their value and benefits. Needed upgrades to aging buildings should be encouraged while avoiding residential encroachment and adverse effects on nearby homes. Section 9.02. -West University Elementary. Due to its size and location in the Town Center, and its popularity with residents and as a draw for prospective residents, the City should encourage the enhancement of West University Elementary in both its physical facilities and quality of educational experience. The City should exercise all possible efforts to encourage H.I.S.D. to maximize resource allocation to West University Elementary. Article X. - RECYCLING & ENERGY As a community that prides itself on aggressive recycling and energy conservation program efforts, the City should continue to encourage and facilitate the systematic collection of renewable materials. The City should establish policies to implement environmental measures.