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HomeMy WebLinkAbout03221990 ZPC Minutes~ r _ ',:. - • ~ ~ SPECIAL MEETING ZONING AND PLANNING COMMISSION CITY OF WEST IINIVERSITY PLACE DATE: MARCH 22, 1990 7:30 P.M. The Zoning and Planning Commission of the City of West University Place, Texas convened in special-session in the City Council Chambers, City Hall, 3800 University Boulevard, City of West University Place, Texas on March 22, 1990. Members present were: Reid C. Wilson Chairman and Secretary Bonnie T. Holmes George Ruhlen Vice Chairman Frank Stivison Susan Rachlin Others in attendance were: Wayne Perry Chief Building Official James L. Dougherty City Attorney Cecil Bales • Notice of ineeting was posted in the City Hall of West University Place, Texas at least seventy-two (72) hours preceding the day of the meeting as required by law. A quorum was declared and the meeting convened. 1. Hearinq of Residents: No residents were present. 2. Adoption of Minutes: The Minutes from the March 8, 1990 meeting were reviewed and unanimously adopted on motion by Commissioner Rachlin and seconded by Commissioner Holmes. 3. Subdivision Issues: ~ U Request for rehearing on Docket No. 90-1 previously submitted was withdrawn pursuant to a telephone conversation between Chairman Wilson and Alicia Speck, attorney for applicant. -1- RCW/WUP00601.d1g t • ~ • • • • • 4. Review of Zoninct Ordinance: A. Perimeter Development - Councilmember Buddy Bell of 4038 Swarthmore attended the meeting to discuss his personal concern with the low standards of the existing housing on Community Drive. Councilmember Bell noted the lack of redevelopment along Community which he believed was due to a number of factors including (i) proximity to the railroad tracks, and (ii) for lots north of Bissonnet, the facts that a significant portion of the rear yard of each lot is encumbered by an Exxon pipeline easement, and there are no curbs and gutters. Councilmember Bell recommended that alternatives to the existing zoning ordinance as to all lots fronting on Community be considered with the intent to encourage redevelopment. This redevelopment could include new single family construction or perhaps a higher density construction such as townhouses. Elements of the Zoning Ordinance which could be modified to encourage growth include (i) allowing townhouse development similar to that located on Bissonnet and Bellaire Boulevard, (ii) reduced front street setbacks, (iii) reduced side property setbacks, or (iv) increased height. A. problem mentioned by Wayne Perry is the need for fire department access to the rear of townhouse properties were they • allowed on Community. This would necessit~ate an agreement with Exxon to allow city vehicles over a portion of the Exxon pipeline easement. This would only be effective for the portion of Community Drive south of Bissonnet since north of Bissonnet the pipeline easement is within the lot. The concern on how to encourage larger development (i.e. more than one or two lots being developed together) was discussed. A potential solution would be to allow townhouse development only when a minimum number of lots (perhaps four or more) were blocked up as part of a townhouse development. other members of the Commission discussed the concern with allowing the townhouse development together with single family development due to the potential result of a"hodgepodge" of development. All members of the Commission agreed to visually inspect Community, and to discuss potential alternatives with their neighbors, with local builders and real estate agents. B. Trees - Councilmember Bell recommended extending the protection of the current Zoning Ordinance and the City Code of the City. One recommendation was that all "large" trees without regard to species will be protected. Particularly, Councilmember Bell • -2- RCW/WUP00601.d1g M ' ' • • ~ mentioned a large Chinese Tallow tree located on Swarthmore which is beautiful and should be preserved. Due to Councilmember Bell's intervention with the builder who has purchased that lot, it appears that the tree will be saved. Chinese Tallow trees are not on the "Qualified Tree" list. A further comment was made regarding the concept that all building sites in the City should have at least one "Qualified Tree" without regard to whether there is new or existing construction. The Commission discussed broadening the definition of "Qualified Trees". Chairman Wilson stated he has contacted Steven Anderson, a Consulting Urban Forester who had previously appeared before the Commission to again appear and discuss this issue. Chairman Wilson anticipated Mr. Anderson would be willing to appear at one of the upcoming meetings. Regarding a requirement that all building sites have at least one Qualified Tree. The comment was made that there has recently been organized a "Trees for West University Place" which is a voluntary program to cause trees to be planted in the City. As part of that program anyone in the City who wishes to have a tree planted in their front • yard can have one planted for $100.00, in their choice of species. Dave Agerton of the City Parks Board is the head of Trees for West University Place. It was suggested that in place of a mandatory requirement, the voluntary cooperation of homeowners be solicited through programs such as Trees for West University Place. The meeting was adjourned at 10:00 o'clock p.m. Please note the next meeting will be held Thursday, April 12, 1990 in the City Council Chambers at 7:30 p.m. • -3- RCW/WUP00601.d1g ~:,.,r"~ ~ : : ~ • • ~ M E M O R A N D U M DATE: April 12, 1990 To: Planning and Zoninq Commission City of West University Place FROM: Reid C. Wilson SUBJECT: Field Trip ********~********************~******~***********~**************~* On Sunday, April 1, 1990, Reid Wilson, Bonnie Holmes, Ralph Stivison and Susan Rachlin toured the City with particular emphasis on Community Drive, Kirby Drive, basketball goals and corner lot setbacks. Observations made included 1. Community Drive - South of Bissonnet, Community Drive has houses in various states of maintenance and repair. A number of • the houses appear unsafe for habitation while others appear to be structurally sound. Relatively few of the houses showed substantial additions or upgrading although two of the houses appeared to be new (within the last ten years). Several streets which dead-ended into the railroad tracks were completely overgrown by grass with virtually no evidence of pavement. The elevation of the.railroad tracks is approximately five to six feet above the grade of the adjacent lots. There is substantial vegetation along the fence lines between the houses and the Exxon pipeline easement. Certain of the homeowners have fenced in a portion of the pipeline easement including Mr. Art xirdler, 6416 Community Drive. Mr. Hirdler spoke at length with members of the Commission regarding the pipeline easement, Exxon's requirements for allowing adjacent property owners to fence a portion of the easement and concerns regarding the City~s lack of maintenance and handling of streets dead-ending into the pipeline easement and railroad. Mr. Hirdler provided a copy of the Reciprocal License Agreement Exxon provided to him and indicated it was willing to sign. A copy is attached. Where various street right of ways dead-ended into the pipeline easement and railroad tracks, -dangerous and unsafe • conditions were observed, such as open culverts and homemade trails -1- RCW/Mem00602.d1g -~ ' ` ~ ' • • • • across the railroad tracks to the City of Bellaire park facilities. The recommendation that the City move immediately to address these issues was discussed. North of Bissonnet, Community Drive is very spotty with significant deterioration as you proceed northerly from Bissonnet. Although the rear yards of the lots facing Community are within the Exxon pipeline easement, substantial vegetation was observed including very large trees. It was also observed that the railroad right of way contained substantial standing water and marsh like conditions. Kirbv Drive - The status of the current housing on Kirby Drive was observed. The current development contains three "duplex" looking projects each built on one 50x100 lot. Apparently, these each meet the requirement for the townhouse zoning on Kirby Drive. These three projects are interspersed among existing deteriorated single family houses. The general Kirby Drive corridor appears to call for retail type development or small office use. It was observed that there are no townhouses fronting Kirby other than the three small complexes noted whether inside or outside West University Place. An inspection of the professional office district on Bellaire • Blvd. reflected that the adjacent single family residential district is not as negatively impacted as might otherwise be assumed. Particularly if windows were restricted or prohibited on the rear of professional office development where it abuts a single family residential district, a two story high professional office building may be a better neighbor than a two and one-half story townhouse. Corner Lots - Numerous corner lots situations were observed with particular emphasis on new construction. It was noted that the width of the existing paving has a significant impact on the appearance of light and air. Basketball Hoops - A certain house on Pittsburgh was obser.ved to have a basketball hoop affixed to the front facade encroaching into the front set back. Basketball goals on freestanding poles were observed in front set backs. The Commissioners agreed that the field trip was helpful in gathering factual information to be used in its deliberations during meetings. RCW r ~ ~ -2- RCW/Mem00602.d1g / • . Fro~: Arthur L. 8ir~ T~: ~ei~ C. Yilaen • A'ril 2, 1990 RECIPROCAL LICENSE AGREEMENT STATE OF TEXAS X COUNTY OF X This Agreement by and between EXXON PIPELINE COMPANY, ( "F.~cxon" ) and of ("Licensee"); WHEREAS, Exxon owns certain property located in the Survey. County, Texas, described in Exhibit "A" attached hereto ("Exxon's Parcel"), and Licensee owns certain property located in the Survey, County, Texas, described in Exhibit "B" attached hereto ("Licensee's Parcel"); k'HEREAS, Exxon and Licensee desire to enter into this Reciprocal License Agreement affecting Exxon's Parcel and Licensee's Parcel; NOW THEREFORE, Exxon and Licensee, for and in consideration of the mutual covenants and agreements contained herein, hereby agree as follows: 1. Licensee is hereby permitted to use Exxon's Parcel during the term of this Agreement solely for the purpose of ~ . and solely for the benefit of Licensee's Parcel. 2. Exxon is now using and will continue to use F.~cxon's Parcel for the construction, maintenance and operation of pipelines, and in so doing~ Exxon may at any time and from time to time enter upon Exxon's Parcel with mechanized equipment and machinery and excavate trenches and ditches thereon, all of which may result in damage to any property placed by Licensee upon Exxon's Parcel. Licensee agrees to bear the risk of any and all such damage to Licensee's property located upon Exxon's Parcel and agrees that Exxon shall not be liable to Licensee for any such damage and shall not be obligated to effect repair or replacement thereof. 3. Licensee. agrees to refrain structure of any kind upon in paragraph 1 hereof, and which would interfere with to avoid interference with upon Exxon's Parcel. from constructing any type of building or Exxon's Parcel except as specifically permitted agrees to avoid using Exxon's Parcel in any way any operations by Exxon upon Exxon's Parcel and any of Exxon's property now or hereafter located 4. Licensee agrees to release, indemnify and hold Exxon harmless from and against each and every claim, demand or cause of action for damages to property or injury to or death of persons which may, in any way, result from, arise~ or grow out of the presence of Licensee's facilities on Exxon's Parcel, Licensee's use of Exxon's Parcel, or any acts or omissions on Exxon's land by Licensee, or Licensee's heirs, successors, assigns, ~ employees, contractors, agents, invitees, or licensees. including any claim, demand, or cause of action arising out of the ~oint negligence of Exxon and Licensee or any other party~ but not including the results of the sole negligence or will~ful misconduct of Exxon. 5. As consideration for Licensee's use of Exxon's Parcel. Licensee agrees to keep all trespassers and squatters off Exxon's Parcel and to keep it mowed and free of brush, trees, trash and debris. 6. This reciprocal agreement shall run with the land, for the benefit of and shall be a burden upon both Exxon's Parcel and Licensee's Parcel, until this agreement is terminated~ in accordance with the terms hereof. Any reference to Exxon herein shall include Exxon and Exxon's successors in title to Exxon's Parcel. Any reference to Licensee herein shall include Licensee and Licensee's successors in title to Licensee's Parcel. a Delaware corporation and County, Texas . ~. FrN: Arth~c•L. Rird~ Te: ~eid C. Wilson • A~ril 2, 1990 '• . -2- 7. Either Exxon or Licensee shall be entitled to terminate this Agreement at any time, upon sixty (60) days prior written notice to the other party at the address shown below: For Exxon: F.xxon Pipeline Company P. 0. Box 2220 Houston, Texas ']']252-2220 Attention: Coordinator, Right of k'ay & Claims For Licensee: ~ ~ Executed as of the date set forth below the respective signature lines below, and effective as of the later of those dates. Exacon : Licensee : EXXON PIPELINE COMPANY By: Sue Cummings Vice President Name: Title: Date: Date: • ~''.~ . FrM: Arthur L. Hir~~ To: Reid C. Milesn ~ April 2. 1990 -3- STATE OF TEXAS )( )~ COU1~`TY OF HARRIS ) ( This instrument was acknow~ledged before me on , 19_ , by Sue Cummings, Vice President of FJCXON PIPELINE COMPAt~'Y, a Delaware corporation, on behalf of said corporation. Notary Public in and for the State of Texas My commissiori expires: STATE OF TEXAS )( )( . ~ , COUNTY OF )( This instrument was acknowledged before me on the , 19 , by day of Notary Public in and for the State of Texas My commission expires: STATE OF TEXAS )( )~ COUNT'Y OF ) ( This instrument was acknowledged before me on the day of , 19_ , by ~~ Notary Public in and for the State of Texas hiy commission expires: •