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HomeMy WebLinkAbout02081990 ZPC Minutes~. • ~ • ~ ~ • ~ ~ . • REGULAR MEETING ZONING AND PLANNING COMMISSION CITY OF WEST UNIVERSITY PLACE DATE: FEBRUARY 8, 1990 7:30 P.M. The Zoning and Planning Commission of the City of West University Place, Texas convened in regular-session in the City Council Chambers, City Hall, 3800 University Boulevard, City of West University Place, Texas, the second Thursday of February, 1990, being February 8, 1990. ~ Members present were: Reid C. Wilson Chairman and Secretary Frank Billings Parliamentarian Susan Rachlen Bonnie T. Holmes Others in attendance were: Wayne Perry Chief Building Official • • James L. Dougherty City Attorney 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: Robert Kendrick of 6322 Rutgers, ex-Chairman of the Planning and Zoning Commission and a licensed architect, raised several issues relating to residential construction: a) "Closinq Streets" = Mr. Kendrick inquired regarding the legal basis for "closing streets", particularly at Bissonnet and whether or not a cul-de-sac or other provision.for vehicles to turn around is, or should be required. Jim Dougherty, City Attorney, cited Mr. Kendrick to Ordinance 13-106 providing for traffic diversion devices. Mr. Kendrick was informed that closing streets is not a matter within the purview of the Zoning and Planning Commission unless it relates to a subdivision plat approval. b) Fencinq Virqinia St. riqht-of-way - Mr. Kendrick ~ inquired regarding the status of Virginia St. right- of-way adjacent to Poor Farm Ditch south of -1- RCW/WUPOOOlO.THF • • ~ ~ • University Blvd. The question of whether a resident could fence dedicated, but unused right-of-way was raised. The Commission noted that fencing matters had been removed from the Zoning Ordinance at the time of the 1987 Zoning Amendments and are now regulated by provisions in the City Code. It is also unclear to the members of the Commission whether Virginia St. had been "abandoned" by the City. Mr. Kendrick was referred to the City Attorney and to the records of the City Secretary for factual information on this matter. c) Conflicts between the Zoninq Ordinance and the Buildinq CoSe - Mr. Kendrick pointed out that Section 17 of the Southern Standard Building Code, as adopted by the City of West University Place requires "fire retardant" construction for all structures with over two (2) stories. It was Mr. Kendrick's observation that two and one-half (2'~) story houses had been built in the City of West University Place without the City requiring observance of this matter. Compliance with this requirement, in the opinion of.Mr. Kendrick, would necessitate the use of fire retardant building • materials. This would greatly increase the cost of home construction and perhaps effectively prevent the construction of houses exceeding two (2) stories. Mr. Perry commented that an alternative to use of fire retardant materials for all structural components would be the requirement for thicker sheetrock (5/8" over 1/2" used commonly) throughout the structure. On motion by Commissioner Rachlen, seconded by Commissioner Billings, the Commission unanimously voted to refer this issue to the City Council, so that a reasonable reconciliation of these matters can be reached which would allow for the construction of two and one-half (2'~) story homes in the City. The City Attorney gave the opinion that where two ( 2) provisions of a City Code conflict (including a portion of the Zoning Ordinance and of a non-zoning ordinance Code Section) that the most restrictive will control. No other residents wished to be heard. . -2- RCW/WUPOOOlO.THF • .. • t ~ 2. Zoninq Matters: • Review of current zoninq matters - The Commission reviewed the technical corrections to the Zoning Ordinance prepared by the City Attorney. The amendments for 1) statutory updating, 2) height amendment, and 3) residential purpose amendment were approved as set forth in the materials provided by the City Attorney. After substantial discussion regarding the corner lot amendment proposed by the City Attorney, the Commission deferred final judgment to its next meeting. However, the Commission tentatively agreed to review the following solution to the problem of side setback and front setback for corner lots which have been re-subdivided prior to the date of the West University Subdivision Ordinance (September 12, 1983): a. The definition of the "front street line" for corner lots shall continued to be the street with the shortest frontage (or whichever street is designated if equal frontage). b. The owner will continue to have the right to change the frontage subject to ZBA approval. • c. A new side setback for all corner lots of ten feet (10') from the side street line would be enacted. Air conditioning condensers would be allowed within the five feet (5') of that ten fvot (10') setback immediately adjacent to the house. No fence would be allowed within the ten foot (10') setback or the front setback. The basis for this change would be to increase vision a~ corners, particularly where new construction on "key lots" causes a large house to be built facing a street other than the street to which the original, larger lot was platted and dedicated. Because corner lots allow for more efficient use of lot area, the increased set back was not felt to diminish the value of those lots or their desirability. An alternative definition of "front street line" would define it as the street to which the original, unplatted lot had been subdivided or dedicated. The benefit of this definition would be to initially require all construction to face the streets which were originally platted to be the front streets (Brompton, Belmont, Vanderbilt, Rutgers, Westchester, Mercer, etc.) unless the lot owner receives approval from the ZBA. The negative to this definition is that certain lots would be effectively unbuildable without facing the other street (Pittsburgh, Duke, Cason, etc.) ~ -3- RCW/WUPOOOlO.THF :~ • .~ • 3. Subdivision Issues: LJ Subdivision Requests - The Commission reviewed the January 23, 1990 memorandum from Mr. Perry to Curtis Cooper reqarding three (3) subdivision requests which were rejected by Mr. Perry as not fulfilling the basic requirements for subdivision. The Commission concurred with Mr. Perry's analysis. 4. Review of Zonin4 Ordinance: No Zoning Ordinance matters were discussed. 5. Other Matters: r~ U a. Eastern Star Temple - Chairman Wilson reported he met with certain of the Board of Directors of the Fraternal Home Association, Inc., Owner of the Eastern Star Temple property on Browning and Bissonnet. The organization is looking to sell their property and had various questions regarding zoning and subdivision matters. At the meeting the Board members indicated they intended to approach the Commission to have the property rezoned from single family/special use - Eastern Star Temple to become part of either~the Weslayan or Browning Townhouse PDDs. The Weslayan Townhouse PDD abuts the property while the Browning Townhouse PDD is across Browning Street from the property. - b. Special Meetinqs - The Commission determined additional meetings were necessary to speed the review process for the technical corrections to the Zoning Ordinance. The Commission approved special meetinqs to be held the fourth (4th) Thursday of each month until completion of the technical corrections. However, the first special meeting will be held 7:30 p.m. on Thursday, March 1, 1990 at the City Council Chambers. • The meeting was adjourned at scheduled for the lst of March regular meeting will be March 9:45 o'clock p.m. The next meeting will be a special meeting. The next 8, 1990. , -4- RCW/WUPOOOlO.THF