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HomeMy WebLinkAbout06232016 ZBA Agenda Item 2 • Memo To: Zoning Board of Adjustment Members From: Debbie Scarcella,City Planner Date: June 20,2016 Re: Staff Report—Docket 2016-005 The applicant in Docket 2016-005, is appealing a decision of the Administrative Official regarding the allowed business activities on the building site located at "0" Ruskin,6707 Academy Street and 4068 Bellaire Blvd. Background The AT&T site is an L-shaped property located at the corner of Bellaire Boulevard and Academy Street and extending to the corner of Academy and Ruskin Streets(see attached decision for location view). A portion of the site is zoned Light Commercial (C), another portion Single Family (Detached) Third District (SF-3), and the remainder Planned Development District Single Family Second (PDD SF-2). The property was developed initially on the south portion in 1940 with subsequent additions, including a major one in 1956,that extended the building almost the entire length of the lot fronting on Bellaire Blvd. In 1970 and 1975, the City Council enacted rezoning ordinances for six adjacent rear lots along Ruskin for parking of company owned and employee owned vehicles. The use of the structures on the site have basically remained as a switching station for telephone service, but has also housed multiple company related activities throughout the years. At times there have been a large number of occupants and at other times a small number of occupants. Recently the activity levels increased and concerns were expressed that the business activities occurring on site did not comply with the ordinance restrictions on the use of the rear lots for parking. Staff researched and wrote a decision on November 9, 2015 regarding the activities taking place on the site. The decision stated that the activity related to the dumpster/recycle storage bins and the access for delivery vehicles were not allowed on those lots zoned for parking and located within the SF-3 and PDD SF-2 districts. Those activities that are categorized as Medium Commercial such as vehicle maintenance or auto intensive uses are also not allowed. ATT appealed the decision and additionally asked for a special exception and/or a variance to continue the use of the dumpster and access for delivery vehicles through the parking area. The ZBA affirmed the AO decision dated November 9, 2015 and denied the special exception and variance requests. Subsequently there was a request for an AO decision specifically targeting the activities related to loading/unloading and inventory of company service vehicles in the parking area. A third request for the ZBA to reconsider the decisions made regarding the business activities at the site was filed 1 Argument: Good evening fellow West u residents and Official Members of the ZBA! Staff is not enforcing our ordinances. Ordinances 932 and 1039 dictate in plain and simple language the specific uses for the Ruskin residential lots. These include only Residential use or simple parking. NOTHING ELSE. AT&T neighbors have begged for years that these codes be enforced. They are not enforced, even today! In the April Formal Decision, the Staff goes to great effort to expand uses beyond parking. It states, and I quote, that the "loading/unloading, stocking of AT&T service vehicles and the temporary inventorying of supplies are allowed uses in the parking area". unquote This Official Decision adds commercial uses that are not parking and are not allowed in a residential district. All commercial activities that are not specifically allowed in a residential district are prohibited. Commercial Loading, unloading, inventorying of truck contents on the pavement are not parking. Consequently, they are commercial activities that are prohibited. As Reid Wilson has illustrated in the paper he wrote for the Texas Land Use Conference and passed out to you in the January meeting, only the City Council has the right to change the use of a property. Neither the ZBA nor the Zoning Official has that right to change, or add to, the use of a property. One of the two foremost experts on zoning in Texas, also a resident of West U, Atty John Dougherty coauthored the November Official Opinion that you affirmed in January 2016 . I spoke to him yesterday by phone. He stands by the position that Ordinance 932 and 1039 allow parking and residential uses ONLY on the Ruskin lots. I read to him the decision that is in front of you. HE REFUSED TO SUPPORT IT. He said he was conflicted. Dougherty, however, referred me to his more senior collaborator John Mixon. I emailed Mixon, because he was leaving town today, he could not attend the ZBA; however, he agreed to meet with me. Mixon is a professor emeritus of Law at U of H. Mixon said that the ordinances are completely clear and specific. There is no ambiguity. They allow only residential use or parking. There is no implication that loading, unloading, inventorying are allowed uses, Or even the dispatching of trucks. They are simply, not parking. He believes that parking implies that the occupant can take personal items to and from the vehicle. Items like a brief case, a tool box, a personal computer, a small box of personal items or lunch That's it. The opinion of Daugherty and Mixon was supported by every prominent land use expert EXCEPT Reid Wilson, as far as we know, who is the atty of ATT. Here is the reality: The Staff Decision does not comply with West U or Texas Laws. Please consider the importance of this issue and the bare facts. Thankyou. 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 ill 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 narking lot for the parking of vehicles owned h,y 'the Snuthwwctprn 'Rall 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 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 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 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 ayor ATTEST: Assistant City Secretary (7 Ordinance 932 127 nnrin 1 /7 ORDINAiIC a riMEER 93? AN ORDINANCE AMENDING ORDIdA�CE NUMBER 111 OF THE CITY or :WEST UD]I:VERSITY PLACE, TEXAS, BY PERMITTING LOTS 1, 2, 3, and 'L. BLOCK 25, COLLEDEVIEW FIRST ADDITIOii, CITY OF WEST UNIVERSITY PLACE, TEXAS, TO BE USED FOR PARKING PURPOSES S EJECT TO VARIOUS RESTRICTIONS; ANo PROVIDING AN EFFECTIV DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVER- SITY PLACE. TEXAS: SECTION 1. That Ordinance number 111 of t'r e City of West Univer- sity Place, texas, be and it is hereto' amended by the addit' n theret. of Section 24C, immediately following Section 24 , which said Section 24T shall read as follows: 'Section 24C. Lots 1, 2, 3 and fir, Block 25, C ,llegeviecr First Addition;, City of West University Place. Texas, shall be used for the follow- ing purses and no o' hers: A. A use that cor forms in all respects t he re:uirements 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 VI_TI-A . B. A parking lot for the parking veh:ties owned by the South- wes`ern Bell Telephone Company and or ins employees and wher used for such purposes no s=ruckures 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 be allowed. on the Ruskin Street side of the parking 1 t. Al_ entrances and exits shall be on Academy Street. (2) A hedge shall be planted along the entire width of ti-e parking lot on Ruskin. 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 ,f the City of West University Place, Texas (Ordinance number 741) . 4 Ordinance 932 (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 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 :-calls" in the Code of Ordi- nances of the City of Wesl, 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 park ng lot only. (7) Signs for the purpose of identifying the property shall not exceed six (6) square feet in area and shall be re- stri.cted 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 Nia�, , f f, ATTEST: Assistant City Secretary ii .-4,--- it p '''.,..1.5 . i'''.4.',.,..,' ' * It :.`, ,',... .':'; . ,,... '..", ,.--.01t-.7,tzaiirr4gt.:41'• ' - - , ,,,',,,,..,':,', ' it ":"` , L.:*.!'id i, ..-„i7,1,,..,e,,:iii.:9.r",,', ;.,:;1,k,i1..AVI.V","..'"7"'''''''''''"1 mil -2- -' : ' • 4;" .. ". ' ' . ..; ""'"'"". ■;"10.1 . .. , . ... ,..1 '''..- '' , .„..,: i,-'.,/. -•1•1.. ' . ...,kol,tio /. ,...,,......„ , . . ,....... Z I 4 .:,4,.. ' Il ,44 , ,::;.:;,-.„.., . ., I I ' i i D- , . , .., . ON , ,.. ..,. . r t , .,. • -...., . , ,,, ) U =11_ , If . .. '''Nmilamii. 0 .400 ... . , ,..alifirr. o i = ,Sr,,..., ., . . ., • :, . . . ,,,, - .....CI ,„ o■ -, ,<:., '''''''',..;...-:;'''f' . ,. L=, i a . , . i - , . , . ....-- n ',...,.... .„., ,,„, i ' , I. 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''' '1:1111.16„, , allwaits°,”' : '----- '-,, '' —.^.. simei I ammo I,-: - (....- mi„_ ...,,,,,-„,,...,,,,,. ,,, „ ,- - im,. ....-- „: .7 i q '-',i- ... : ,-, A • ' l' i' i .lia=1'!.:7 "=.- .:,.....;',,,,l':',„; ''' _......,_ , ..,_ . . , II 1 co..,..........--....., • . . , ; ; 1 4-) ..-- .„ , i- :4 it 141 '!!) i If V iv A et - '4' 0 Lk. lig = , , 7 . .„ ' ' t ifli „Vir I , r--- , .,.,, rA an • I and heard on May 26, 2016. The ZBA determined there was not enough evidence to warrant a rehearing or reconsideration of the docket. The only outstanding issue is whether or not loading/unloading and inventory of the allowed service vehicles is an allowed use of the building site. Staff Response The applicant is appealing the decision of the Administrative Official that loading/unloading for restocking and inventory of service vehicles in the parking area is an allowed use. The applicant is asking that the decision be reversed. As the decision states,the ordinance enacted in 1970 and continued in 1975 has wording that differentiates allowed uses when the property is being used as parking,than when the property is not being used as parking. Since the original ordinance was enacted to rezone the property as parking that is specifically tied to the business, allowed activities must directly relate to the SWBT (ATT) business. All employee and company vehicles, including service vehicles at that time, were authorized to park on the site. Normal daily activities, including restocking and inventory of the vehicles, could take place as accessory or incidental uses to the zoning designation of "parking". Similar activity by ATT takes place in the ATT vehicles today. The ZBA has the authority to affirm, reverse or modify the decision. When there is an appeal, the board assumes the responsibility for interpretation of the ordinances from the Administrative Official. There are no findings that guide the board in determining the outcome of an appeal. • Page 2 ' A o • • ,a,tS. 14. 4 City of West University Place APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") rk rA 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): (V)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 Ordinance 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(list items here and attach them) Attached.The applicant ali ; e State and ity regulations attached. Signature of applicant: LIII , Date: For Staff Use only Date file.. - Date heard -T`7 -( '4 Docket#: Form ZBA•102 411 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. • • ri e City of West University Place 1 ,\' 14hbcuI hood (; L tl' 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): #- I +1000 4035 4032 4028 4024 4020 4016 40'12 -4004 i RUSKIN STREET " ,?t w , , / , / , ,„ 2 - - c s 1 A ..,,,,, ,. ,,,,.,--, ,„..,,,_ A. , , , _ I t, trig! E 3 ‘t ,„ H , ;' ',Ate. Ct NItVEFiC--Al. L 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.D0C3} ,,se) L AO Decision ATT Facility Page 1 TOP 3800 University Boulevard 1 West University Place, TX 77005 I www.westutx.gov • Om) �1� he city of West Un e city Place i cii;1i1or liuod0 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. 6{00178244.D0C3} A0 Decision ATT Facility Page 2 OP LP 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov Ci 113 • • rI he citliT of West University Place °1 A\cr lrbOr/lOOd( 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. {00178244.D0C3} LAO Decision ATT Facility Page 3 3800 University Boulevard l West University Place, TX 77005 ( www.westutx.gov II , •C.w. The City o es University it Place ,�1 A CU4hbo /i(io 1( Th CITY OF WEST UNIVERSITY PLACE Date entered: April 7,2016 By: Debbie.Scarce/2a/ 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.DOC3} AO Decision ATT Facility Page 4 TOP I1111115 3800 University Boulevard j West University Place, TX 77005 I www.westutx.gov Cur ` he it\ of West Lin i et sit Place I t ci;libor hood( tYt (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 r j{00178244.DOC3} AO Decision ATT Facility Page 5 TOP r LA%ks 3800 University Boulevard ( West University Place, TX 77005 I www.westutx.gov • r 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. he 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: Parking 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 temporarily on a public way or 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. • S 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 TO, .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 -Ill 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 ma:in .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:primari:ly 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 41/2' on the property line bordering Ruskin Street and Weslayan Street and 'bordering the • M 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, incompliance with .the aforesaid provision, -the owner of the parking lot Tdesires 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 edgeof 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 ayor ATTEST: Assistant City Secretary ORDINANCL TIMBER ER 93? AN ORDINANCE AMENDING ORDINANCE NUYBER 111 OP THE CITY OF :TEST UNIVERSITY PLACE, TEXAS, BY PEBT1ITTING LOTS 1, 2, 3, and u, BLOCK 25, COLLEDEVIEW FIRST ADDITIOii, CITY OF WEST UNIVERSITY PLACE, TEXAS, TO BE USED FOR PARKING PJ-RPOSES SIBJECT TC VARIOUS RESTRICTIONS; ANJ PROVIDING AN EJ ECTIV: DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVER- SITY PLACE. TEXAS: SECTION 1. That Ordinance number 111 of ,Ye City of West Univer- sity Place, Texas, be and it is hereby amended by the ad.iit' n theretL of Section 24C, immediately follcwing Section 24B, which said Section 24C shall read as fellows: "Section 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 o1ners: 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 vehicles owned by the South- wesLern Bell Telephone Company and or i+s employees and wher used for such purposes no slruc+ures of any kind shall be constructed on said parking lot, except signs as provided in SecGion 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: (l) 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 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 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 Ma for ATTEST: Assistant City Secretary 40 • PUBLIC HEARING CITY COMMISSION AND ZONING AND PLANNING COMMISSION JANUARY 13, 1970 T The City Commission of the City of West University Plce 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 bening 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 Wallin, seconded by Commissioner Scott, that the public hearing called 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. I • 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 all 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 �{•j on Lots 1, 2, 3 and 4, Block 25, Collegeview 1st, was to control a long standing problem. He stated they were deeply sympathetic with the residents in the area e--4 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. Mr. Burney stated that the Telephone Company is now in the midst of constructing 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 intentionally do anything to jeopardize zoning in the City of West University Place in any way, 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. Beda 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. I. 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- zoning the balance of Block 25. • • S 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. • TYI 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: All 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 owned 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. (44; * l� 7 2 l NV/06 Mayor ( -- ATTEST: 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 Wall in 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 filed by Southwestern Bell Telephone Company, were presented for consideration. Motion by Commissioner Proctor; -seconded by Commissioner 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 l,`-2, 3 and 4, Block 25, Collegeview 1st Addition, be approved as submitted. Voting AyeI All Voting No: None :t 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 tYe'-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 low 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 .�;Q:Y_____.._.. .• 1 .'.7 t1=u7➢'-C,iC..,1.1L;.., __ ......_._..IIB' r--„-• .. T-'-1 7 T--"'^! .- 13 0:0 PUBLIC HEARING • CITY COMMISSION AND ZONING ANYPLANNING COMMISSION APRIL 22, 1975 • The City Coimission 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; meinbers'Dahlin, Bartholomew and Weatherby.' -The-City Attorney-and City Manager Were also.present,- Zoning and P1.anningr Commission member W. P. Lipscomb was absent. • • Mayor-Wallin stated that- this public hearing was .being held jointly and simul- taneously by the City- Commissian.•and Zoning and Planning .Commission for the purpose of giving consideration to the recommendation of the Zoning and Plan- ning Commission to rezone the following described property for townhouses and/or clusterhouses: . • • Lots 6, 7, S, 9-and East 10 ft. of 10, • Block .1 , Kent Place Addition, 3600 block of Bellaire Boulevard • Motion by .Commissioner Stanley,-seconded by Commissioner :Thompsom;• that the - public hearing to consider the proposition recommended by the Zoning and Planning Commission to rezone certain properties containedin.-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. Watts 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 [I] 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 all 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 Ch be given an opportunity to present any relevant information in connection with the application. 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 the application may do so. Again, questions may be asked by members of both Commissions, followed I 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 ... ..... ' rye-..:.ter ._ .. 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. Dahlin, 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, Collegeviewlst 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 cn 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.. 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. Patridge 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 `had been 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., and_that:.the new lot construction will provide an additional thirty-five (35) spaces. Mr. Knight further stated that a survey of employees indicated there were 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 1 304. 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 hours. 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 to 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'. ques-tions 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 Cl r GQ . rimmn Inn. - • . . . • . 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;-Commissioners Binig,:Dunn-, Stanley and Thompson: • The City Attorney and••City,Manager:rwere also presents Mayor•Wallin advi.sed.:that this was.,a continuation:of.a 'meeting. of•the City Commission on:•Apri l 22, 1975,•,at which time a public-hearing was held to , consider Aa recommendation and final- report-of-the Zoning,and Planni.ng 'Commis- sion to rezone Lots 5, 6, 7, 8, 9 and 10, Block-.25, Col,legevi,ew 1st,:Addition for vehicular parking. • The Commission was advised that' a motion did' not have to be on• the floor in order to discuss the recommendation. City Attorney Charles Cockrell advised,i the Commission. .that the recommendation. could be accepted as contained in the Final Report of the Zoning and Planning, Oommi,ssion;:•amerrded 'if desired by the City Commi•ssion•;• or additions and changes made.•. -. • T . •. . . The fact that only Southwestern Bell .Telephone Company had filed a formal application requesting:that. Lots •5 and 6 owned by,-'them be,rezoned for;,parking purposes:was discussed by the.,Conuni:ssi.on. . Plans,for the construction of the _parking tat`planned",by.Southwestern-Belt Telephone Company were reviewed by the Commission with considerable.discus:sion regarding the proposed curb cuts onto Ruskin Street. Some members of the Com- mission were opposed to: the 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. nop-. 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 p.m. eaL41/ MAYO ' ATTEST: 0'- Accictant �i .v aura arv!— 0 • • ....)L rhhe City of West University Place A Neighborhood City NOTICE OF ZONING BOARD OF ADJUSTMENT HEARING The Zoning Board of Adjustment ("ZBA") of the City of West University Place, Texas ("City") will hold a public hearing in the Municipal Building, 3800 University Boulevard, City of West University Place, Texas 77005, during a meeting set to begin at 6:30 P.M. on June 23, 2016. The hearing may be recessed and continued to a ZBA meeting set to begin at 6:30 P.M. on July 28, 2016. The purpose of the hearing is to provide an opportunity for all persons to be heard in relation to the following matter: Address of the site: "0" Ruskin Street Legal description of the site: Lots 1-6, Block 25 of Collegeview, Section 1, in Harris County, Texas Docket No.: 2016-005 Applicant: Robert Grossman Action Requested: The applicant requests an appeal of the Administrative Official's Determination dated April 7, 2016 in order to reverse or modify the authorization of inventorying and stocking company owned vehicles in the parking area. Additional Details: The site was authorized to be used as parking for company and employee parking through ordinances enacted in 1970 and 1975. An administrative official's determination was written in April 2016 that reviewed the existing practice of loading/unloading said vehicles with supplies and taking inventory of the supplies in the vehicles.The applicant has appealed that determination and is requesting it to be reversed Applicable regulations include the City's Zoning Ordinance, Code of Ordinances, and Chapter 211 of the Texas Local Government Code and the rules of the ZBA. Additional details on such matters, as well as the applicable regulations are available for public inspection in the Public Works Center,3826 Amherst,West University Place, 77005 or on the city's website,www.westutx.gov. Any person interested in such matters should attend the hearings. If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Planner at 713.662.5893 in advance of the meeting. Reasonable accommodations will be made to assist your participation in the meeting. The Municipal Building is wheel chair accessible from the west and southwest entrances and specially marked parking spaces are available in the southwest parking area. Signed: _Debbie'SccwceUt',for the ZBA on June 13, 2016. Debbie Scarcella, City Planner, dscarcella@westutx.gov. 713-662-5893 TO WORK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov Backgro nd Information Agenda Item #2 The City of West Universit\ Place I Neighborhood Clue 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): J ' 4040 4036 4032 4028 4024 4024 4016 4012 4008 4004 I f RUSKIN STREET / 's^ %r' .+"r' FA+ /oe A 0 fr A 00.P. Adie V III . . Vic° -�-- e w C s O Z ,4, 4;1 t , . 1 It ...„, ,i4, .... , oir- 1 c i W , BELLAIRE BLVD. Owner: SOUTHWESTERN BELL TELEPHONE COMPANY DBA AT&T Southwest, AT&T DataComm,AT&T Texas 208 South Akard Street, Ste 3608 Dallas,Texas 75202 Decisions Requested: (A)Determine whether the following activities in the parking area (which is on the north portion of the building site,adjoining Ruskin) have prior non-conforming status("PNC status")under the Zoning Ordinance: (1)type of vehicles using the parking area,(2)maintenance of vehicles in the parking area,(3)delivery trucks using parking area for deliveries, (4)parking in the street blocking one lane of traffic, (5) .► ►.. ._�. 94,.._�._. .,. OA0 Decision ATT Facility Page 1 TOPK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov • • The City of West University Place t Neighborliood City dumpsters and,(6)using part of the parking area for a loading"dock." Accumulation of trash and debris from the vehicles and containers in the parking area are also a concern. (B) Determine whether the loading area and waste storage area on the building site comply with the Zoning Ordinance. Ordinance Reference: Zoning Ordinance("ZO")of the City of West University Place,Texas, as amended. See Sections 7-101 (Table 7-1) 12-100, 12-101 and 12-202 and various definitions. See, also, City of West University Place Ordinance Nos. 932 and Ordinance 1039,adopted in 1970 and 1975, respectively,which authorized use of Lots 1-6 on the building site for parking("Parking Ordinances"). Administrative Official's Findings& Decisions: Some of the questioned activities are directly regulated by the ZO,and some are not. These are addressed separately,below. Activities Not Directly Regulated by ZO:The ZO does not directly regulate two of the activities in question(parking in the street and accumulation of trash),so they cannot acquire PNC status under the ZO. However,other laws and ordinances may apply. For example: (1) Thethe Texas Transportation Code and Chapter 46 of the City's Code of Ordinances regulate parking in street areas;and(2)Chapter 42 of the City's Code of Ordinances prohibits some accumulations of rubbish (defined to include"trash"and"garbage")on private property. Because administration and enforcement of those laws and ordinances has been assigned to the Code Enforcement division,they are not addressed in this decision(which is limited to questions arising under the ZO). Activities Directly Regulated By the ZO. The 20 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),commercial uses are generallynormally prohibited by Section 7-10I,Table 7-1 of the ZO.1 However, the old Parking Ordinances 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 I'DD-SF2 District,Table 7-101,Note 5 allows the Zoning AO Decision ATT Facility Page 2 oP 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov �� i The City of West University Place t Neighborhood City expressly authorized non-residential parking on those six lots prior to major zoning changes in the 1980's. This presents the key question of whether the questioned activities have PNC status because of the Parking Ordinances. To acquire PNC status, an activity must have been"constructed or established in conformance with the zoning ordinance(as applicable at the time)." See Section 12-102. Most of the questioned activities were not"constructed or established in conformance,"so they could not have acquired PNC status. The Parking Ordinances only authorized"parking of vehicles owned by the Southwestern Bell Telephone Company and/or its employees." They did not authorize: (i)use by vehicles not owned by Southwestern Bell Telephone Company or its employees, (ii)maintenance of vehicles,(iii) deliveries,(iv) use of the area for dumpsters or(v) use for any kind of loading"dock." Because these activities were not authorized,they were not"in conformance"with prior zoning ordinance,and they could not have acquired PNC status. They are therefore prohibited by Section 7- 101,Table 7-1. Loading Space; Waste Storage Area. For this building site, Section 10- 104 of the ZO requires that there be"adequate loading space separate and apart from off-street parking spaces." Section 8-105 requires that loading areas and waste storage areas be"surrounded by special screens" (which are fences or walls),and they must be kept"securely closed when not in use." Based on the findings and determination set out above, neither the loading space nor a waste storage area may be located on the six lots on the north portion of the site. Therefore,to bring the building site into compliance,an adequate loading space and any waste storage area would have to be: (i) located on the south portion of the building site (close to the main building)that is zoned Commercial and(ii) "surrounded by special screens"that are kept"securely closed when not in use." Effective Date&Appeals:This decision takes effect on the date it is signed. Persons Iisted 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 . . . ." Board of Adjustment to issue a special exception to allow non-residential parking on those two lots,subject to conditions. No such s.ecial exc •tion has been orted or found. AO Decision ATT Facility Page 3 TOP PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place t Neighborhood Gin 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 BIvd., 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. CITY OF WEST UNIVERSITY PLACE Date entered: //`/0-/c By: v^'('`'"'�''t`--Cc�� Y Administrative Official 3826 Amherst, West University Place,TX 77005 Phone: 71 3-662-5839; Fax: 713-662-5369 Email: dscarcella @westutx.gov jJ • Date delivered to owner: //-/D -/S Delivered by: A.f f 1%,LC a->�/ ejAii ua)1 . Additional copies of this decision were delivered as follows: (�!� Karen Jones, Facility Manager(by electronic transmission and hand delivered on: 11-10-/S )t 1° L— Robert Grossman (by electronic transmission and hand delivered on: it-t o -t 5 ) k David Cole(by electronic transmission and hand delivered on: I- I 0-1 S-- )14P AO Decision ATT Facility Page 4 , c p 3800 University Boulevard J West University Place, TX 77005 I www.westutx.gov C4�yEST tlyryF4' City of West University Place T APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE,TEXAS("CITY") rrxAs 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 Collegeview Section 1 Applicant: Southwestern Bell Telephone Company d/b/a AT&T Southwest,AT&T DataComm,AT&T Texas Address: Contact:Reid Wilson Phone: 713-222-9000 Fax: 713-229-8829 Email:rwilson@wcglaw.corn • 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?(X)Yes,(X)copy is attached. ( )No,but the action appealed is as follows: • When was the action taken?11/10/15 Note:Appeals must be filed within a reasonable time. Please explain any delay below: • Exact zoning ordinance section(s)involved: Sections 7-101(Table 7-1)12-100,12-101 and 12-202;Ordinance No.932 and • Grounds for appeal: See attached. Ordinance 1039. (X)Special Exception. • Exact zoning ordinance section that authorizes the special exception:Section 7-101(Table 7-1)Note 3 and Note 5; Section 12-105 • Exact wording of special exception requested: Sec attached. (X)Variance. • • Exact zoning ordinance section from which a variance is requested: Section 7-101(Table 7-1) • Exact wording of variance requested: Other Data. Are there drawings or other data? ( )No (X)Yes(list items here and attach them) Please see attached photographs,factual background and expanded appeal,special exception and variance application. Attached.The applicant has read the State and City regulations attached. Signature of applicant fefiA 0454A. Date: 11/20/15 For Staff Use only Date filed: Date heard: Docket#: Form MA-102 • • • • • • • • 1 4 FACTUAL BACKGROUND: Many years ago,Southwestern Bell Telephone(now AT&T)constructed an administrative building with a switching station in the 4 story building located at 4068 Bellaire Blvd.next to the Whole Foods Shopping Center. Later,a building at 6707 Academy was added to the rear,and 6 residential lots acquired. The site serves as a switching station for a large portion of this area for telephone and internet service and is a critical component of AT&T's infrastructure. AT&T(and SWBT)have been a good corporate citizen in West U and the operations of this site have not been a frequent issue with the surrounding residential neighbors. The 2 buildings on Bellaire/Academy are located in the C-Commercial district. The 6 lots on Ruskin/Academy are split between the SF-3 district(4 to the west)and the PDD-SF2 district(2 to the 'itnext to the Whole Foods parking lot). A solid masonry fence plus mature trees screens Ruskin. A wrought iron fence and shrubs screens Academy. The gates to the parking area open to Academy and there are none on Ruskin. It is believed that the first 4 lots(westernmost)were purchased in 1970 and the parking lot installed at that time,as Ord.932 amends the Zoning Ord.to permit Lots 1-4 to be used for"parking lot for the parking of vehicles owned by the Southwestern Bell Telephone Company and or its employees." In 1975,it is believed that the final 2 lots(easternmost)were purchase and the parking lot expanded,as Ord.1039 amends the Zoning Ord.to permit Lots 1-6 to be used for the same purpose. No structures or other vehicles are permitted. No entrance on Ruskin is permitted. Fence and landscaping is required on Ruskin. These ordinances are treated as a Special Exception under the Zoning Ord.and have no expiration. • At the time the parking lot was installed,it included the access drive and staging area for the loading dock for the 6707 Academy building,which is physically located in the C district(and is a • permitted use and structure). The parking lot has been continuously used to provide this access and staging for over 50 years. Commercial delivery vehicles access the loading dock through the parking lot and when utilizing the loading dock,may extend to the north such that a portion of the vehicle extends across the boundary of the C district into the SF3 district. No loading dock exists in the SF3 district. AT&T recognizes that parking of commercial vehicles not owned by it is prohibited,and,further,thatt the parking lot is not to be used for loading and unloading into the parking lot. However,AT&T believes that it was clear to the City when the approval for the parking lot was granted that it was to provide access to the 6707 Academy loading dock and provided a small portion of the staging area such that delivery vehicles may temporarily extend into the parking lot during the unloading process. This is ol2ivgals. We are confident that the City approved the plans for the parking lot. The City passed Ord. and later,after the 1"portion of the parking lot was constructed,Ord.1039). The City,and the neighbors,have been on notice of the physical situation and operations since 1970,without challenge. This situation and use was and is a Prior Non-Conforming use(PNC). The alternative location for access to the loading dock is off Academy,directly across from houses and may require the removal of a • mature street tree. The existing setup is preferable and has less impact on West U. At some time after the parking lot was expanded in 1975,AT&T(or SWBT)constructed an enclosure of a trash dumpster on the east end of the parking lot,as far from houses as possible. • • • • • • I Alternative locations for a dumpster are along Academy and near houses. This enclosure and the dumpster related to it have been in use for many,many years. We believe that the enclosure was permitted by the City. The City,and the neighbors,have been on notice of the physical situation and operations for many years,possibly since 1975,without challenge. Waste dumpsters and related enclosures are a typical and ancillary use of a parking lot. Some citizens complained about trash in the parking lot,and the dumpster permits the efficient policing of trash in the parking lot. Further,this situation and use was and is a Prior Non-Conforming use(PNC). AT&T,like West U.,is a strong proponent of recycling. Recycling bldc %ve been located in the parking lot for many years,in the easternmost portion of the parking lot,far from houses. Alternative locations for the bins are along Academy and near houses. AT&T recycles wire and other materials for the protection of the,�e��nv�kronment. Such b(s' re typical and an ancillary use of a parking lot. The y prohibition of such 4lfsls l against public policy. AT&T intends to have a positive corporate presence in the community,including clean vehicles. Washing/detailing vehicles in the parking lot allows AT&T to serve West U.with clean vehicles. Manual washing of vehicles is a typical and ancillary use of a parking lot. REQUEST FOR APPEAL: The Formal Decision of the Administrative Official issued November 10,2015(the"Decision")is appealed. It is an inaccurate interpretation of the Zoning Ordinance and Ordinances 932 and 1039 as they relate to the activities outlined in the Decision. The activities are permitted as an ancillary or accessory activity to the permitted parking lot and/or have PNC status as defined in Zoning Ord.Sec.12- 102 and/or prohibition is against public policy. AT&T requests confirmation of that status. Additionally, and alternatively,AT&T requests a Special Exception to permit these uses/structures,and/or a variance. INTERPRETATION: First,the dumpster(and enclosure)and recycling bins located on the parking lot is a PNC and does not violate the Zoning Ordinance. Ordinances 932 and 1039 specifically permit the use of the property as a parking lot for the commercial Southwestern Bell building. The waste receptacle (and enclosure)and recycling bins located on the parking lot are ancillary activities that are associated with commercial parking lots. Second,the dumpster(and enclosure) have been located on the parking lot since before the 1987 effective date of the current Zoning Ord.These uses are not prohibited by the Ordinances and are a PNC under Section 12-102 of the Zoning Ordinance. Third,the addition of the recycling bins is a product of our community and AT&T progressive approach to reduce waste and help the environment.It would be against public policy to prohibit waste and recycling receptacles on commercial parking lots. Fourth, the loading dock is located within the area zoned for commercial purposes, which permits the delivery and loading and unloading of trucks. A small portion of the delivery trucks • • • At temporarily park within the parking lot when they are loading and unloading. The delivery trucks also only traverse over the parking lot so that there is one entrance and exit rather than multiple on Academy Street.Again,Ordinances 932 and 1039 specifically permit the use of the property as a parking lot and the temporary parking of delivery trucks on a portion to access the loading docks are an ancillary and accessory use of a commercial parking lots. Fifth,the configuration and use of the parking lot in support of the adjacent loading dock pre- existed the 1987 effective date of the current Zoning Ord.,and has PNC status. Summary: The interpretation is incorrect due to the following: 1. As to the support of the loading dock and the dumpster(and enclosure)-PNC status 2. As to the support of the loading dock and the dumpster(and enclosure)-they are ancillary and accessory uses of a commercial parking lot 3. As to the recycle bins-public policy supports recycling ****Applicant requests a refund of this interpretation appeal filing fee in the event the interpretation is found in Applicant's favor. SPECIAL EXCEPTIONS: To the extent the Decision can be interpreted to prohibit the uses outlined herein and the Board believes the current Special Exceptions (ie. Ord. 923 and 1039) do not permit the uses, then AT&T requests the following Special Exceptions: "In the indicated districts, the ZBA may issue a special exception to authorize additional uses and structures,if the ZBA finds and determines that each additional use and structure is(1)accessory to a lawful primary use and(ii)compatible with nearby sites and their uses.The special exception may include a site plan identifying and limiting such uses and structures"Section 7-101(Table 7-1)Note 3 Applicant requests a special exception.Pursuant to Section 7-101,Table 7-1,Note 3 the Zoning Board of Adjustment may issue a special exception to authorize additional uses and structures so long as those additional uses and structures are accessory to a lawful primary use and compatible with nearby sites and their uses.The activities described in the Decision are all accessory to the lawful primary use of operating a commercial building and an ancillary parking lot, which are authorized under the Zoning Ordinance and Ordinances 932 and 1039.The operation of a waste receptacle is accessory to the lawful primary use of a commercial parking lot and the current location of the waste and recycling receptacle on the far east end of the parking lot is furthest from any residential properties. The use of a small portion of the parking lot for the temporary parking of delivery trucks is also accessory to the primary use which is as a parking lot,and the adjacent use,which is commercial. "The ZBA may issue a special exception to authorize parking of motor vehicles in connection with nearby commercial activities,upon approval by the ZBA of the types of vehicles,design of parking facilities...and curb cuts,all of which may be included as site specific conditions of the special exception."Section 7-101 (Table7-1)Note 5. • • • • 110 111 Pursuant to Section 7-101, Table 7-1, Note 5 the Zoning Board of Adjustment may issue a special exception for parking facilities for nearby commercial activities.The use of the parking lot is consistent with this special exception and a special exception to permit the described uses is requested and appropriate. "The ZBA moy issue a special exception to extend or reinstate PNC status for any item...." Section 12-105 If the ZBA determines that the uses/structures had PNC status on the 1987 effective date,but lost that status,then AT&T requests the PNC status be reinstated/extended to continue as long as the parking lot and adjacent loading dock and buildings remain. VARIANCE: AT&T requests a variance to permit the continuation of the uses and structures described herein.Rejecting AT&T's current use of the property would cause an unnecessary hardship because the dumpster (and enclosure), the recycle bins and the drive to the loading dock would all have to be relocated closer to residential properties.This variance would not be contrary to public interest but it is rather in the public's interest,to avoid multiple entrances to the facility on Academy. • s • • kaW ,< ' ,, .:, **I.,:;:' .. • .. `gym •c:s • 4 ".. 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' ,%,1 . ^a M a. w • gg■ p e �°'" A • • 4 Zoning Board of Adjustment City of West University Place, Texas("City") Docket No: 2015-18 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: Southwestern Bell Telephone Company dba AT&T Southwest; AT&T DataComm; and AT&T Texas Decision Appealed From: Determination of the Administrative Official regarding the existing business activities located in the parking area adjacent to the AT&T Facility at the corner of Bellaire Boulevard and Academy Street. The site was approved as a parking lot for Southwestern Bell Telephone Company (now AT&T) owned vehicles and the vehicles owned by SWBT employees. The use and location of waste storage areas (garbage and recycling material) and access by non-AT&T vehicles to the "loading dock"are prohibited in the residentially zoned parking area. 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 Scarcella,City Planner of the City. (X) Hearing was held on January 28,2016. (X) Findings and determinations(if any)have been made,as follows:N/A (X) The vote was: 4 in favor, 0 against this decision,and 1 abstained. Decision of the Zoning Board afAdjustment(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: ( )reverses, in( )whole or ( )part (x) Affirms,in(x)whole or ( )part ( )modifies, ( )other action(describe) And,accordingly, the Board makes the correct order, requirement,decision or determination,as follows: An adequate loading space and any waste storage areas must be located on the south portion of the building site (area zoned Commercial) and surrounded by special screens that are kept securely closed when not in use. The parking lot area may not be used for waste storage or for non-ATT owned vehicular access to the loading platform. APPEAL, Page 1 • • 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 THE 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 are 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 OF WEST UNIVERSITY PLACE,TEXA By OM IF tottrali Press'• ficer, oning :ofA•IT STATE OF TEXAS COUNTY OF HARRIS This ' 'es, as acknowledged before me on L_21/44- t. (r) (date) by S DJ Ctu1 H'11t W name) of the Zoning Board of Adjustment of the ity of West University Place, Texas. Fs � Y ue4• o' �S " ( aVl�t co ;•�`'•n ea(pirts: �`�"'� FS_ __®.. , Notary Public • $ FOFZ t f •` ; \`es fled in the Board's office on I//1,6, , and, if f a mailing list is attaIl4vr �Htt f were mailed to the persons on the list on N/A. By: , Name e b i/d CA rC e/G Title: p eut ,t o t` CO i� 5 �o : APPEAL, Page 2 �e1l� ytI l l t i t� 9n /fie jore,5 R o Bu's" 604'5°16-- 'D Acid, Go it- • • The City of West University Place A Neighborhood City Zoning Board of Adjustment City of West University Place,Texas("City") Docket No.2015-18 DECISION TO DENY A SPECIAL EXCEPTION 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: Southwestern Bell Telephone Company dba AT&T Southwest;AT&T DataComm; and AT&T Texas Decision or Action Requested: Notice,Hearing,Findings,Vote:The applicant requests a Special Exception as authorized by Table 7-1 Note 3 and Note 5; and as authorized by Section 12-105 of the zoning regulations to authorize the continuation of existing accessory uses and extending Prior Non- Conforming uses, including but not limited to location and access to waste disposal areas(garbage and recycling materials)and access of non-company vehicles through the parking area to the"loading dock". (X) Notice of hearing was given by: regular and certified mail (to nearby property owners)and by posting on-site in accordance with Article 11 of the Zoning Ordinance,by Debbie Scarcella, City Planner, City of West University Place,Texas. (X) Hearing was held on: January 28,2016. (X) Motion to deny the special exception,the vote was: 5 for; 0 opposed, to this decision. Decision of the Zoning Board of Adjustment denying special exception (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a special exception as specifically allowed by Section 7,Table 7-1,Note 3 and 5 and Section 12-105 of the Zoning Ordinance, is denied for the site and request as identified above. 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. Effective Date&Administrative Remedies: This decision takes effect on the date it is filed in the • • Page 2 Board's office(c/o Secretary of the Zoning Board of Adjustment, 3800 University Boulevard, Houston, Texas 77005), unless otherwise indicated above. Any appeals of this decision are subject to and governed by applicable ordinances and Iaws, 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. The rules of the Board allow re-hearings in certain circumstances. As additional administrative remedies: (1)the permittee/applicant may be able to apply for a different interpretation,variance,or special exception,and (2)any person may request that the City consider an amendment to the Zoning Ordinance; see Article 11, which indicates that such requests should be submitted to the Zoning&Planning Commission. ZONING BOARD OF ADJUSTMENT, CIT i F WEST U VE ITY PLA• 4,TEXAS By `, 111VIS •Sang`'' ell Gomez, Presiding Officer, ,oning Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on a •24'- I (v (date)by Sandy Hellums- Gomez(name)as Presiding Officer of the Zoning Board of Adjustment of the City of West University Place,T� 1Fpt10 I cd , •.,:, 31res: S, 91- I o �ihp x&21. `∎`' Notary " This instrument was filed in the Board's office on_al./A' 3 1 ____ _ , and, ija mailing list is attached, copies were mailed to the persons on the list on N/A. By:._ _.:=C--A-A-4-1-1-&-- .06c. Name• bb, C XCe ° Title: C't 'Ia m ne r k.led re.ntc CtY125 Sev Kota° Jane-S Rvbext GaEL- ► Davi a. C . • The City of West University Place A Neighborhood City Zoning Board of Adjustment City of West University Place,Texas ("City") DECISION TO DENY A VARIANCE Docket No:2015-18 Address of building site: 4068 Bellaire Boulevard, 6707Academy and"0"Ruskin Street Legal description of the building site: Lot 1-6, Block 25 of Collegeviev, Section 1, in Harris County, Texas. Applicant Southwestern Bell Telephone Company dba AT&T Southwest;AT&T DataComm;and AT&T Texas Decision or Action Requested: The applicant requests a Variance from Table 7-i to authorize the continuation of existing uses, including but not limited to location and access to waste disposal areas (garbage and recycling materials)and access of non-company vehicles through the parking area to the "loading dock". Notice,Hearing, Findings, Vote: (X) Notice of hearing was given by: regular and certified mail (to nearby property owners) and by posting on-site in accordance with Article 11 of the Zoning Ordinance,by Debbie Scarcella,City Planner,City of West University Place,Texas. (X) Hearing was held on: January 28, 2016 (X) Motion to deny the variance, the vote was:5 for,0 opposed,to deny the request. Decision of the Zoning Board of Adjustment denying a variance request (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a variance to continue the existing uses is denied for the site and request as identified above. 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 ACfIVITY,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. Effective Date&Administrative Remedies: This decision takes effect on the date it is filed in the Board's office(c/o Secretary of the Zoning Board of Adjustment,3800 University Boulevard,Houston,Texas 77005),unless otherwise indicated above. Any appeals of this decision are 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. The rules of the Board allow re-hearings in certain circumstances. As additional administrative remedies:(1)the permitteelapplicant may be able to apply for a different interpretation,variance,or special exception,and(2)any person may request that the City consider an amendment to the • • Page 2 Zoning Ordinance;see Article I I,which indicates that such requests,should be submitted to the Zoning&Planning Commission. ZONING BOARD OF ADJUSTMENT, CITY 0- •`'•ST UNIVERSITY PLACE,TEX IP By. Y __ , Sandy ' s-Gome 4'resi ing Officer,Zoning Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS T `Nnttillttl/ as acknowledged before me on 2 '2,- --' 1 (date)by Sandy HeIlums-Gomez • ' r ,•t Officer of the Zoning Board of Adjustment of the City of West University Place, Texas. _= I* 4 � • _ r @)* 1 OF ir �'0 -0 c�2pires: _.f4._, .-.! v_ _ //iiy+tni�&ytt��` Notary Public This instrument was filed in the Board's office on La , and, if a mailing list is attached,copies were mailed to the persons on the list on N' By - Name: t c .C. C.fcejkki Title: at P l annex EleG-ironlc bpi Sen+ 10 pe k d Vi( )Son Yen Jones -Ro b.ex 4- G-v ro ss mu..n D6v l a Cale