HomeMy WebLinkAbout032805R CC Min
CITY COUNCIL REGULAR SESSION
MONDAY, MARCH 28, 2005
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City Council convened in Regular Session in the Municipal Building (3800
University Blvd.) on March 28, 2005, with the following members present: Mayor
Ballanfant presiding, Council Members Segal, Farley and Woods. The City Manager,
City Secretary, City Attorney, Assistant City Manager/Public Works Director, Police
Chief and City Planner were also present. Council Member Fogler was absent.
The notice for this meeting was posted in accordance with the Texas Government Code,
th
Chapter 551, on the 24 day of March 2005 at 4:30 p.m.
Formal Session (in the Council Chambers)
Public Hearings.
Public Hearings were held before the Zoning and Planning Commission and the City
Council of the City of West University Place, Texas. The purpose for the hearings was to
provide an opportunity for parties in interest and citizens to be heard in relation to
proposals to amend the City?s Zoning Ordinance as follows:
(a) Side and rear yard projections
(b) Old stock housing
(c) Uses and parking [see Council Memo 05-28]
(d) Qualified trees [see Council Memo 05-29]
(e) Planned development districts [see Council Memo 05-30]
(f) Depth and width measurements [see Council Memo 05-31]
Members of the Zoning and Planning Commission, ZPC, present at the hearings were
Chairman Ned Ross, Vice Chairman Steve Brown, Stephen Stewart, Beth Beloff and
Jeffrey Horowitz.
Mr. Brown explained the hearing procedures.
Mr. Brown requested that City Secretary Kaylynn Holloway report as to the notices of the
hearing.
Ms. Holloway stated that the notice of the hearings was published in the City?s official
th
newspaper on March 2, 2005, which was on or before the 16 day preceding the date of
the hearing and mailed to the persons on the utility billing list by depositing them in the
United States mail on or before the ninth day preceding the date of the hearing.
City Council Regular Session, March 28, 2005
Mayor Ballanfant called the public hearings before the City Council to order.
ZPC Chairman Ross called the public hearing on ?side and rear yard projections? before
the Commission to order.
City Planner Nes Tesno presented the proposed changes to the zoning ordinance. This
proposal is to amend the zoning ordinance in regard to buildings that project into the side
and rear yards and the location and height of mechanical equipment in said yards. Table
7-6, Projection Schedule allows buildings to project into these yards. Certain conditions
must be met for these projections to be allowed. One such condition is that there is no
window, door or opening (except for opaque, non-operable openings or skylights) above
the ground floor within 10 feet of another building site. This has been interpreted that it
includes within 10 feet; ZPC believes that the intent was only to regulate
any window
windows that actually face the adjacent properties. In the past this has restricted windows
on the front of garages. These windows are often needed for emergency egress.
Members of the public were invited to ask questions or speak concerning the proposed
amendments.
Diane Wylie, 6338 Mercer, commented that she was concerned about the noise level
because the added clearance may or may not make a difference with mechanical
equipment close to an adjacent home.
Dick Yehle, 6401 Rutgers, commented that it was his understanding that the ZPC
intended for the proposed amendments to allow not only workshops but also living area
to be in the rear area and that he supported that concept. He asked that they make the
language clear about buildings in the rear yard as to whether this includes both principle
buildings and accessory buildings. With respect to living area in the buildings, the
changes rely on the definition of garage space, which means parking area and then it talks
about non-garage space to mean every other area. The Zoning Ordinance also has a
definition for living area and together it creates potential uncertainty of the intention.
Logan Brown, 2912 Nottingham, asked that the proposed amendments be expanded to
include landscaping structures such as arbors and/or sculptures as long as emergency
equipment can get through.
There being no other persons wishing to speak, a motion was made by Commission
Member Brown, seconded by Commission Member Beloff, to make all statements,
exhibits and documents a part of the official record of this hearing and to close the public
hearing.
A vote was taken on the motion with the following result:
Voting Aye: Chairman Ross, Commission members Brown, Beloff, Stewart and
Horowitz
2
City Council Regular Session, March 28, 2005
Voting Nay: None
Absent: Commission Members Inaba and Passamano
A motion was made by Council Member Segal, seconded by Council Member Farley, to
close the public hearing on side and rear yards.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley and
Woods
Voting Nay: None
Absent: Council Member Fogler
ZPC Chairman Ross called the public hearing on old stock housing to order.
Mrs. Tesno explained the proposed amendments. Earlier this year City Council asked the
Building & Standard Commission to investigate the preservation of ?old stock housing?,
which generally means smaller homes older than 40 years. After their initial review, a
report was forwarded to the Zoning & Planning Commission. The Zoning & Planning
Commission decided that the most beneficial way to preserve ?old stock housing?, was to
grant more flexible criteria for an applicant to be granted a variance to remodel, or
enlarge, one of these old stock homes. The ZPC also is recommending allowing special
exceptions in regard to side and rear yards (setbacks) and the open area requirement on
these existing home sites.
Members of the public were invited to ask questions or speak concerning the proposed
amendments.
Rosemary Beauvais, 5902 Lake, commented that she was in favor of the proposed
amendment.
Logan Brown, 2912 Nottingham, asked if the proposed amendment would create a
situation where the homeowner would not be able to sell an older home that was no
longer inhabitable.
ZPC Chairman Ross stated that this was not the type of home that they were trying to
preserve.
There being no other persons wishing to speak, a motion was made by Commission
Member Beloff, seconded by Commission Member Brown, to make all statements,
exhibits and documents a part of the official record of this hearing and to close the public
hearing.
A vote was taken on the motion with the following result:
3
City Council Regular Session, March 28, 2005
Voting Aye: Chairman Ross, Commission members Brown, Beloff, Stewart and
Horowitz
Voting Nay: None
Absent: Commission Members Inaba and Passamano
A motion was made by Council Member Segal, seconded by Council Member Farley, to
close the public hearing on old stock housing.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley and
Woods
Voting Nay: None
Absent: Council Member Fogler
ZPC Chairman Ross called the public hearing on uses and parking to order.
Mrs. Tesno explained the proposed amendments. The proposal is to update the zoning
ordinance relating to uses (especially ones requiring special exceptions) and parking
requirements. This proposal would:
1. confirm that certain uses (e.g. schools, places of worship) may be located anywhere
in the city;
2. require special exceptions where there is a ?high density occupancy? which is defined
to include gatherings that cause traffic impediments;
3. allow the ZBA to issue special exceptions for private schools on split sites (partly in
C districts);
4. provide updated and more flexible parking regulations for institutions (e.g.
community center, library, school, places of worship);
5. allow more joint use of off-street parking spaces, with ZBA approval;
6. allow above-grade parking in the C district, with ZBA approval; and
7. update and revise related wording in the Zoning Ordinance.
Members of the public were invited to ask questions or speak concerning the proposed
amendments.
Nancy Stabiner, 6318 Mercer, commented that the proposed amendments were
ambiguous. She stated that she was opposed to letting certain uses be located anywhere
in the City.
4
City Council Regular Session, March 28, 2005
City Attorney Jim Dougherty stated that this particular amendment doesn?t really change
the law or the ordinance at all. It has been in the state law for many years that churches
and schools can locate where they want. Under state law, the City can regulate parking
and things that arise out of this high-density occupancy. The proposed amendment just
recognizes the state law.
Mrs. Stabiner stated that she also opposed the granting of special exceptions by the
Zoning Board of Adjustment to allow private schools.
Charles Blum, 6318 Mercer, commented that he had the same concerns as Mrs. Stabiner.
He also commented that he was concerned about the noise of mechanical equipment.
Diane Wylie, 6338 Mercer, commented that she was opposed to modifying the off-street
parking requirements. The expansion of the businesses should be limited if they do not
have ample parking.
There being no other persons wishing to speak, a motion was made by Commission
Member Stewart, seconded by Commission Member Beloff, to make all statements,
exhibits and documents a part of the official record of this hearing and to close the public
hearing.
A vote was taken on the motion with the following result:
Voting Aye: Chairman Ross, Commission members Brown, Beloff, Stewart and
Horowitz
Voting Nay: None
Absent: Commission Members Inaba and Passamano
A motion was made by Council Member Farley, seconded by Council Member Woods, to
close the public hearing on uses and parking.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley and
Woods
Voting Nay: None
Absent: Council Member Fogler
ZPC Chairman Ross called the public hearing on qualified trees to order.
Mrs. Tesno explained the proposed amendments. Last year during the review of Chapter
22, the Urban Forest Preservation & Enhancement ordinance, it was recommended to
require at least one qualified tree in the front yard on building sites. This was a
requirement several years ago in the original tree regulations.
5
City Council Regular Session, March 28, 2005
Members of the public were invited to ask questions or speak concerning the proposed
amendments.
Cynthia Scott, 4025 Amherst, asked if this requirement had been eliminated from the
ordinance.
Mrs. Tesno stated that this particular requirement confirms a regulation that was in the
original tree regulations.
Nancy Sour, 5920 Auden, commented that she was concerned about her existing oak tree
that might be threatened by a proposed sidewalk. If the tree died and she had to plant a
replacement tree then it would be around the area of her water line.
Mrs. Tesno stated that the trees located in the right-of ?way would count as qualified
trees.
There being no other persons wishing to speak, a motion was made by Commission
Member Horowitz, seconded by Commission Member Stewart, to make all statements,
exhibits and documents a part of the official record of this hearing and to close the public
hearing.
A vote was taken on the motion with the following result:
Voting Aye: Chairman Ross, Commission members Brown, Beloff, Stewart and
Horowitz
Voting Nay: None
Absent: Commission Members Inaba and Passamano
A motion was made by Council Member Woods, seconded by Council Member Segal, to
close the public hearing on qualified trees.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley and
Woods
Voting Nay: None
Absent: Council Member Fogler
ZPC Chairman Ross called the public hearing on planned development districts to order.
Mrs. Tesno explained the proposed amendments. Last year City Council requested that
the Zoning & Planning Commission investigate redevelopment regulations in commercial
districts. ZPC determined that by allowing more flexible rules for planned development
districts (PDD?s) that it may encourage redevelopment in commercial areas. The
proposal would allow the possibility of a zero front yard setback in the commercial
6
City Council Regular Session, March 28, 2005
district, allow 2 or more owners in the C district to join together to apply for a PDD,
(currently all the land must be owned by one person); and to modify the square footage
requirements for the smallest PDD?s. The possible zero front yard setback could
encourage pedestrian oriented buildings to be built adjacent to the sidewalk. Allowing
two or more owners to join in on the PDD makes sense in a community like West
University Place where most commercial building sites are small and could not meet the
square footage requirement. The square footage requirement was updated to reflect this
possible joining of building sites.
Members of the public were invited to ask questions or speak concerning the proposed
amendments.
Diane Wylie, 6338 Mercer, commented that she thought the parking would be an issue by
the proposed changes. She asked if the amendments applied to the townhouse district.
Mr. Dougherty stated that the changes being discussed tonight were only applicable
within commercial districts.
David Klutts, 6325 Mercer, asked if the City had opened dialogue with the City of
Southside Place concerning the use of the property at Edloe and University. He stated
that there could be a potential parking problem once development of this property begins.
City Manager Michael Ross commented that the line of communication was open with
Southside Place.
There being no other persons wishing to speak, a motion was made by Commission
Member Horowitz, seconded by Commission Member Brown, to make all statements,
exhibits and documents a part of the official record of this hearing and to close the public
hearing.
A vote was taken on the motion with the following result:
Voting Aye: Chairman Ross, Commission members Brown, Beloff, Stewart and
Horowitz
Voting Nay: None
Absent: Commission Members Inaba and Passamano
A motion was made by Council Member Segal, seconded by Council Member Farley, to
close the public hearing on planned development districts.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley and
Woods
Voting Nay: None
Absent: Council Member Fogler
7
City Council Regular Session, March 28, 2005
ZPC Chairman Ross called the public hearing on depth and width measurements to order.
Mrs. Tesno explained the proposed amendments. This proposal is to amend the
definitions of ?depth? and ?width? in Article 2 of the Zoning Ordinance. The purpose of
this amendment is to facilitate the building official in accepting the nominal site
dimensions from a recorded plat. Due to latter surveys showing actual dimensions to be a
few inches different from the platted dimensions, building sites were being put into non-
compliance. This proposal will also decrease the number of cases sent to the ZBA when
these latter surveys make their building sites in violation of the zoning ordinance by not
meeting minimum size requirements.
Members of the public were invited to ask questions or speak concerning the proposed
amendments.
Dick Yehle, 6401 Rutgers, commented that he endorses the concept but he had a problem
with the assertion of nominal differences. He suggested that nominal be defined as a
certain percentage and a more finite limit should be added.
There being no other persons wishing to speak, a motion was made by Commission
Member Beloff, seconded by Commission Member Stewart, to make all statements,
exhibits and documents a part of the official record of this hearing and to close the public
hearing.
A vote was taken on the motion with the following result:
Voting Aye: Chairman Ross, Commission members Brown, Beloff, Stewart and
Horowitz
Voting Nay: None
Absent: Commission Members Inaba and Passamano
A motion was made by Council Member Segal, seconded by Council Member Woods, to
close the public hearing on planned development districts.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley and
Woods
Voting Nay: None
Absent: Council Member Fogler
Arbor Day.
Matters related to Arbor Day including a Proclamation setting the date for April 16, 2005
8
City Council Regular Session, March 28, 2005
Mrs. Tesno reported that The City of West University Place has received the Tree City
U.S.A. award for the past thirteen years from the National Arbor Day Foundation.
Arbor Day will be celebrated in conjunction with Meet the City Day at Colonial Park.
Arbor Day is a method to educate the community about trees and the environment. Meet
the City Day is a chance for residents to meet city staff from all departments and to be
educated about each department?s function. There will also be an equipment display
(such as solid waste, police, fire and operation vehicles). This year the celebration and
festivities have been expanded to include three different types of inflatable games,
dunking booth, balloons, face painting, free hotdogs and drinks. Free trees will be
available for home planting to the first 100 families.
A motion was made by Council Member Farley, seconded by Council Member Woods, to
approve the Proclamation to celebrate Arbor Day.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley and
Woods
Voting Nay: None
Absent: Council Member Fogler
Portable Buildings.
Matters related to Portable Buildings including Ordinance No. 1789.
Mayor Ballanfant read the caption of Ordinance No. 1789 as follows:
An ordinance relating to Portable Buildings; amending the code of ordinances of the City
of West University Place, Texas; and containing findings and provisions relating to the
subject
Copies of Ordinance No. 1789, in the form proposed for adoption, were available in the
Council Chambers.
City Planner Nes Tesno reported that the Houston Independent School District (HISD)
has requested that the City amend Section 6.408 of the Code of Ordinances. HISD is
intending to commence on a major remodel of existing buildings and an addition of a
two-story building at the West University Elementary School. During this construction
period it will be necessary to remove the existing temporary buildings and to install new
temporary buildings on site for the relocation of school activities. Section 6.408 of the
code regulates large portable buildings on public school property. The current ordinance
states that after June 1, 2002 large portable buildings could not be installed on public
school property. Staff has met with the HISD representatives concerning the proposed
construction activity. They have indicated that these portable buildings will be removed
when the construction is finished at the school.
9
City Council Regular Session, March 28, 2005
The proposed ordinance will allow the installation of the portable buildings on the school
property during the proposed construction.
A motion was made by Council Member Farley, seconded by Council Member Woods, to
adopt ordinance No. 1789 on the second and final reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley and
Woods
Voting Nay: None
Absent: Council Member Fogler
City Council minutes.
Matters related to the minutes of the Regular Session conducted on March 14, 2005
A motion was made by Council Member Segal, seconded by Council Member Farley, to
approve the minutes as amended.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley and
Woods
Voting Nay: None
Absent: Council Member Fogler
Intergovernmental & Infrastructure Issues; Staff or Council Report.
Matters relating to intergovernmental relations and agreements including negotiations,
extra jurisdictional meetings, regional issues, Interlocal Agreements with the City of
Southside Place, Metropolitan Transit Authority agreements, infrastructure projects,
drainage, flooding, Kirby Drive construction, Center Point Energy Entex, gas rates and
coalition, City owned properties, potential purchase of property, City Center project,
streetlights, railroad quiet zones and task force, board and commission liaison reports and
related matters. This may include report(s) from staff and reports and directives to staff
from Council Members.
City Manager Michael Ross reported that the Staff had received a preliminary engineering
report from Claunch & Miller on the extreme event storm study. Copies of the Executive
Summary will be distributed.
Mayor Ballanfant read a note from the Whitt Johnson family thanking the Council and
Staff for the flowers. He also commented that the Kirby Drive construction has started.
10
City Council Regular Session, March 28, 2005
Council Member Woods stated that he had contact with Metro regarding a right-of-way
that runs along Westpark between Weslayan and Edloe and inquired about the City
having access to that property for a dog park. He gave the Staff the contact information at
Metro.
Council Member Segal commented that he would like to have a report regarding the
employee benefits.
The City Manager commented that a meeting was held regarding the pooling of health
benefits and numerous questions arose as a result of that meeting. Additional information
will be furnished to the Committee comprised of the City Manager, Human Resource
Director, the City Attorney and Council Member Segal
Adjournment.
With no further business to come before the City Council at this time, a motion was made
by Council Member Farley, seconded by Council Member Woods, to adjourn. The
Council meeting adjourned at 8:00 p.m.
11