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Home My WebLink About03262015 ZBA Minutes r1'IZc City cif West Universityr Place 1 ( itl ZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD REGULAR MEETING MINUTES March 26, 2015 6:30 pm Samantha Brantley(voting), Sandy Hellums (voting), Ed Sobash I. MEMBERS (voting), Priya Coffey(voting), Don Culbert(voting) and Don PRESENT: Yurewicz II. MEMBERS ABSENT: Katherine Brem III. STAFF PRESENT: James Dougherty, Special Counsel for the ZBA; Chris Peifer, Assistant City Manager and Public Works Director; Martye Kendrick; and Debbie Scarcella, City Planner. CITY COUNCIL: Dick Yehle I V. CALL TO ORDER: 6:35 pm. Agenda Item Discussion Action 1 Call the meeting to order. Samantha Brantley called the meeting Samantha Brantley moved to suspend the rules Notices,Rules,Etc. to order at 6:35 p.m. Samantha Brantley of procedure of the board to discuss procedural asked each member to briefly introduce matters and possibly hear evidence regarding themselves. Debbie Scarcella, City the Article 8-112 notice received by the Planner stated that notices were not applicant. Second by Sandy Hellums. Ayes: required to be reposted since the two Samantha Brantley, Priya Coffey, Sandy hearings on the agenda were recessed Hellums, Ed Sobash, and Don Culbert. Motion and will be continued at this meeting. carried. Samantha Brantley stated that there were three procedural matters that the Samantha Brantley motioned to bifurcate the board needed to discuss to determine case in Docket 15-03(1) and tonight hear the most efficient way to deal with a evidence and testimony for the application, recent development regarding the tender a preliminary decision and keep the application in the dockets. record open in order to address any matters that (a)The applicant filed a notice with the may come forward under Article 8-112 at the 1 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov "l'he City cif«jest University Place l \d ;hborhood Citi' Administrative Official which claimed April 23, 2015 meeting and consolidating the that it might have protection from two cases so that evidence and testimony can be provisions of the zoning ordinance consolidated. Second by Priya Coffey. Ayes: under other state and federal laws Samantha Brantley, Priya Coffey, Sandy dealing with places of worship. The Hellums, Ed Sobash, and Don Culbert. Motion notice, as provided under Article 8-112 carried. of the zoning regulations,must be ruled on by the Administrative Official. The The board took no action to hear Dockets ruling was signed on the day of the Number 2015-03(1) and 2015-03(2) separately. hearing and did not endorse the applicant's assertions, but did acknowledge that there was protection The board will hear only new testimony from under the state and federal laws applicants who spoke at the hearing on although they did not remove the February 26,2015. discretionary authority of the board. The ZBA discussed the how the ruling Samantha Brantley administered the oath to all might affect (or if it has any bearing witnesses. whatsoever) on the hearing or possible decisions from those hearings. Samantha Brantley asked special counsel, Jim Dougherty, for his thoughts. He stated there were three ways in which the board could proceed with the hearing as listed in the attached document. After discussion by the board, each party was invited to speak or ask questions regarding this matter. Artie Howard spoke for the applicant. Brennan Reilly spoke for the designated party, David Kuykendall. Special Counselor, Jim Dougherty, stated that it might be possible to go forward with a hybrid of his suggestions by proceeding with the application in 2015-03(1) as docketed, closing the evidentiary portion but keeping the actual docket open so that if an Article 8-112 appeal comes forward, testimony would not have to be repeated. A provisional decision could be made and not finalized until a date certain in the future, giving the required time for any appeal so that both items could be decided at the same time. (b) Samantha Brantley stated that there was discussion about joining the two applications for the purpose of hearing testimony and receiving evidence. She 2 � ., 0 tES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov Aty of West University Place it \'ei 1ibc u/i'x cl f in invited the applicant to speak regarding this matter. Reid Wilson, special counsel for the City of West University Place, as property owner and a party to the Milton docket, spoke and asked that the board consider the applications separately since the City was not a party to the application in Docket 15- 03(2) on Amherst. Brennan Reilly spoke as the designated party asking that the two applications be considered together due to evidence such as the TIA, being tied to both applications. (c) Jim Dougherty stated that at the hearing on February 26, residents who were present and wanted to speak were allowed to do so because of the length of the hearing, even though the proceedings were suspended. She wanted discussion to determine the best way to handle those speakers who may also be present to speak at this hearing. Samantha Brantley asked if there were any speakers wishing to address items not on the agenda. Aleda Drewes spoke regarding her constitutional rights that are being denied and spoke in favor of the church being given consideration to operate. Swearing in of witnesses. 2 Docket No. 2015-03(1), Samantha Brantley called the docket Samantha Brantley made a motion to close the Property at 3826 Milton and reminded everyone that the hearing evidentiary portion of the hearing as it respects Street, West University is continued from February 26, 2015 the legal requirements in the ordinance only Place, Texas 77005 during the applicant's presentation at without foreclosing additional evidence from (Special Exception). the point of the traffic study. Reid coming in on the basis of Article 8-112 for the Wilson, Special Counsel for the Milton property only. Second by Sandy a. Continuation of a public property owner/co-applicant in Docket Hellums. Ayes: Samantha Brantley,Priya hearing regarding a Special 2015-03(1),the City of West University Coffey, Sandy Hellums, Ed Sobash,and Don Exception as authorized by Place, stated that he would be leading Culbert. Motion carried. Table 7-1, Notes 1 and 3 the remainder of the presentation, with of Appendix A of the Code the counsel for WUBC, applicant, Artie After deliberations, Samantha Brantley of Ordinances, to authorize Howard, speaking for the applicant. motioned to grant a provisional ruling for a the use of a building siteMr. Wilson asked that the ZBA special exception to authorize a high density for high density occupancy consider only those issues required by occupancy and accessory uses in a single family and accessory use in a ordinance in determining whether to (detached)zoning district as detailed in the single family (detached) grant or deny the special exception. He application contained in Docket 2015-03(1)on oning district. page 2, 3 and 4 for a youth ministry bu. 3 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place z 1 AT ( /r1)011700d ti introduced Dan Lynch with TEI, who Detailed conditions including high windows, provided the traffic impact analysis for opaque fencing and other conditions to be b. Deliberation, decisions, this site. Mr. Lynch recounted in detail further considered at the April 23,2015 ZBA other action, etc. regarding the points of the report and how the meeting. Second by Priya Coffey. Ayes: the preceding matters. conclusions were reached. Many of the Samantha Brantley,Priya Coffey, Sandy board members had detailed questions Hellums, Ed Sobash,and Don Culbert. Motion about the study and asked for carried. clarification from the WUBC applicant as to the actual use, occupant limits and operations of the proposed building. David Kuykendall, a designated party to the application, and his legal counsel, Brennan Reilly, and Reid Wilson questioned Mr. Lynch regarding the traffic study and occupancy limits as well. The traffic study conclusions indicated that there would not be significant or substantial impact upon traffic, traffic congestion or parking within the study area (blocks along College to 3800 block of Milton to Auden and along the 3800 block of Amherst). Samson Ukaegbu, with TraffData and Associates spoke regarding his 3`d party review of the Traffic Impact Analysis presented by TEI, Inc. Mr. Samson stated that he was contacted by the City at the request of the board to review the TIA and report on whether or not there were any discrepancies with how the study was conducted and if he agreed with the conclusions. He stated that he did agree with the conclusions. There were several questions from the board and questions from Brennan Reilly and Reid Wilson. Mr. Wilson then asked Michael Welch with Integra Realty Resources, a real estate appraisal company, to speak to commentary made regarding loss of property value for adjacent properties if the proposed youth center was built. He believed this might apply to the question of compatibility with adjoining properties. Mr. Welch stated after considering all of the factors such as impact of the infrastructure, zoning 4 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The CCi 7 of West University Place 1 Neighborhood on compliance, location and area, etc. that the value of properties adjacent to the proposed youth ministry facility should not be diminished. The board followed up with a few questions regarding the effect of on-street parking to the property values. George Tracy, architect, spoke regarding the compatibility of the facility with adjacent structures. The board members and Brennan Reilly then asked questions regarding other uses and compatibility. Roger Patterson spoke regarding the purpose of the youth ministry building and the origin of the church's youth ministry programs and miscellaneous issues regarding the operations of the WUBC facilities. Brennan Reilly then questioned Roger Patterson about options if the application is denied. Artie Howard, legal counsel for WUBC, then spoke regarding the application and evidence and testimony submitted thus far. Mr. Howard closed the applicant's initial presentation. Samantha Brantley asked if there was any additional correspondence in favor of or against this application. Staff had previously distributed a letter from Dave Agerton, 2825 Albans Road, in favor of the application. Samantha Brantley asked if there were any members of the public present to speak in favor of or against the application and reminded each to limit their comments to additional information and try to keep to three minutes. The following spoke: David Dutch-3901 Rice Blvd-traffic Stan McCandless-3712 Rice Blvd- traffic Zona West-3924 Milton-traffic study Alicia Garcia-3912 Milton-traffic study Michelle Moore-Rice Blvd-traffic study 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov • l'hc City of West University Place ,i Neighborhood ioo l C;itl Katherine Sweeney-3822 University- Church operations Mark Plagens-4104 Lehigh-conditions Gary Abdellah-Sunset-In Favor Of David Jenkins-Milton-traffic Ed Connilicz-3922 Rice-Safer streets Bill Jones-3315 Amherst-zoning ord. Rick Jenkins-3823 Swarthmore Barbara Murray-3316 Georgetown-TIA David Kuykendall, designated party to the application, made a presentation outlining his major concerns regarding traffic and parking and how those related to the issues with Huffington Park located in the 3900 block of Milton. He presented photographs showing the parking issues already existing. Brennan Reilly, legal counsel for David Kuykendall, closed the presentation by the party by summarizing the parking and traffic issues and the relationship of the TIA. There was no presentation by staff. Reid Wilson summarized the testimony and evidence presented on behalf of the city and WUBC. 3 Docket No. 2015-03(2), Due to the late hour of the meeting, Sandy Hellums motioned to recess and continue Property at 3821 and Samantha Brantley asked the board to the hearing of the application in Docket 2015- 3831 Amherst Street, consider recessing and continuing this 03(2) until the regular meeting on April 23, West University Place, application until the meeting scheduled 2015. Second by Samantha Brantley. Ayes: Texas 77005 (Special for April 23,2015. This would also Samantha Brantley, Priya Coffey, Sandy Exception). give opportunity for any potential Hellums, Ed Sobash, and Don Culbert. Motion parties to file notice with the carried. a. Public hearing regarding a Administrative Official so that their request for a Special request could be heard at the beginning Exception as authorized by of the hearing. Table 7-1, Note 3 of Appendix A of the Code of Ordinances, to authorize the use of a building site for accessory use in a single family (detached) zoning district. A special exception was issued previously and equires modification for any 6 TOP WORK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov 1 The City of West University Place A \ci r/ibc»huucI Cin change in any of the structures. b. Deliberation, decisions, other action, etc. regarding the preceding matters. 4 Meeting Minutes. Approval of meeting minutes of Item deferred to meeting on April 23,2015. February 26, 2015. Adjournment. Samantha Brantley moved to adjourn the meeting. Second by Priya Coffey. Ayes: Samantha Brantley, Sandy Hellums, Ed Sobash, Don Culbert and Priya Coffey. Motion carried. The meeting was adjourned at 1:08 a.m. • APPROVED THIS 3 DAY OF u 2015. A., r Samantha Brantley, Presiding Officer ATTEST: c6SUA'C'&6-- Debbie Scarcella, City Planner 3800 University Boulevard I West University Place, TX 77005 ( www.westutx.gov