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Home My WebLink About05161968 ZPC Minutes•` : '± . ~ . , ~ I~T:~3~ Ub ZbI~I1~TG ~.ND '!'T.~AP.i~T?~~G ~;Qi+~~YSS~ON ~~, I~itTRSDA~Y, MA.~` 26, 1968 ~ • The Zoiling ar_d Planning Co~nmission o~' ihe City o~ kfPSt ~T~aive~sity P18ce convened at the City H~11 ~n `~laursd~.y, I~ay 16, 1968 at, 7:30 gemo, ~~ith i,he following members presen~c ~ Chairman Hannah, p~esieting; Ntersbers Le B. Bricker, R. C. Hilton, E. Gene Hines, a~d H, E, ~o~~. The Ci~y A~ttorney and Ci~y Mana~er ~tere alse present. Chairmarl HarLnah announced ~~hai~ ~this mee~cin,; had been called :for tne purpose of hold- ing a Uublic hearing ir.. connec~ion with the rezct?in~ of T,ot 2, Bloclc 1 and Tot 2, Biocx 35 of Colonial Teriace Additia~; T,ots ~, 2, 3, ~+, 5, 6, 7, 8, 9, and 10, Fair- haver~ Addition in the City af Wes~ TJniversity Pl~ce, Ter.as fox o~fice and professional buildin~s or ~ownhouse:~. i~I~tion by ASr, Bri.cker, seconc~ed by I~Ire T,ott, tha~t the public hearing be opened. ~I~t:ing Aye~ All Vc~tirsg I~TO: None Chairma~ Hanr:$h sta'cea~ tha~ in aeeoxc~anee t~ith legaZ requ.irements, property owners within 200 fee~ oi the property.under consider~,i?on had been notified of this hearing by letter, and ~hat legal notice had been duly published in the Houstan Chronicle ~ orx April 29, 1968o Mrsa Opal McF~elvey, secreta~y in the Ci•ty Ma.nager's O£fice, stated ~ that alZ legal notification had been properly givena Chairman Hannah stated the,t discL~ss?on would be confined specifically to the area under cora~ideration. He stated that property ot,rners and residents of West University were the only persons Frhich should speak. He asked tha~ all persons desiring to be heard come forward ~,nd state theix name and address, or the address of the property they owned ~ in Wes~t University Place. He also requested tha~ each person only speak once until all had been heard, at~d thmt they might then make eny additional st~tements they desired. At this time, Mr. Milton Schwartz, counsel fo~~ N~so D~vid Feldma,n, owner of Lots 6 and 7, Fairhaven Addition, appeared be~'ore t~e Commissiora and presented information in ca~nnection with Mre Feldman°s req~zes-t for rezoning of his property. He sta.ted that IK~a Feidr,ian had owned the t~~a lats px°ior to the passage of the zoning ordinance, and that he did noi bt~y th~e lots knowing that thev ~,rere already zoned and hoping Por a change in zoning at a later date. He sL-ated tl~at no one could deny the fact that~tdest Unive~sity Place is a resiclential community and ~h~t he believe that the population of the city had remained ~'airly stable for the past severEl years which woul.d indicate that there was not a large amoun~t of new x°esidential construction ta'.~in~ place in the cityo He men~ione~ the Caudill, Rowlett and Scott report prepared for the city, and stated that it had recoirmiended the ,proper~Cy iander consideration be rezoned for such purposes as Nir.. Feldman was requesting, He then presented an architect`s drawing of a proposed professional office buildir~, and theri stated that Mra F'e].ciman's plans were to sell his property for• constructian of ~his type building and that they hoped it wo~ld be purcha,sed or used by doc~ors, ~.s a~ype of inedical center. He stated th~t the build- ir~ would con~cain ~.pproximatelv 2,8p0 squ~re fee-c with room for 26 parking spaces (almost a 3 to 1 ra~ion). He s~ated also ~Chat they plan to h~.ve a lOfoot rear setback witti a b~ick, 6 foot wall screened hy shr~bbery along the rear property 1ine. Chairman Hannah asked for a~y YdhO desire@ to speak in favor of the application to do so at +lzis time. He then asked if thexe were any questions, Mrse Helen Harbison, ~+1~0 Cason, ask~d ~~rhef~her ~his ~roul.d be in the block between Fair- ~ haven and Academy, or between Fairh.aven an~lSdest Pointo T~rr. Schwartz s~ated that it taas between ~"airh~ven and Acade~y. Chairman Hannah stated that communic~.tions had t~een received from various individuals in connection c~ith the proposed rezoning. He s~a~ed, ~n the interest of time, that if it was satisfactory with those present, i~e would not read ~the lettez~s at this time. l~o objections. Chairman Hannah asked tYiose desiring ~to speak in opposztion to the proposal to come forward at this timee ~.'here were nouee He then asked whether there ~aere any other questionse , ~ r ,_. .~' .~ ~1 t.".S27r^.. }','s?., ~ :.fi )Y_l„ S Cl ?•7l ' ` r ' }1 c=~ !' e-• cc ~ ~.c., i l. U.~ (!:` r n irn 1!:~Gt=i.°.Y' 't..~.t:~ r.C~T11.11_ 012 i, °i.i ~. Ce.- V~ ~1a(^-_ [,"J.' would be affected (•the north side of Cason)o Chair~an Hannah advised that the only property under consi~era.tion was the propex~ty facing on Bellaire Boulevard between the YeMaCaAa building ana Academy Street, and only to the depth of these particular lotse • :~~;r i ~ ~ . ~ . page 2 • Mrso Mildred Stenger, 4145 Casan, stated ~chat iF thPy ~ro~ised to construct a screening vta].~ , tha~ i~ sliould be pxomise~ i.n ,,~riting ~o ~uarantee ~th~t i~ would be donee N'~rs. ~'olly C1.ine, 4136 Cason, ~t~~.i.ec~ ~tha~ they tealized that the issue under considera- ~.ion at this time is only Bellaire Boule~r~.rd, but that the,y we~ e concerned about tdhether the rezoning wou].d stop wi~h these lo'cs facing on ~3ellaire Bouleva.rd and not continue ia~to the adjacent ~esidential property. Chai~nan Hanxiah stated that this hearing is s~tr. ict~y on the lot~ facin~ on Bella~.re ~ou.levard to the e~.seme~lt, and did not involve any houses ~ranting oe C~sar~ at a11. ~ Mrs e Cline sfated she is a,gainst xezonir~g of at~y prope~ty, until ~they have a clarifi- r_a~tion of where it will s-~opo She sta~ed the p~aperty oz~tners on C~son are afraid it will be enlar,ed to include their property iri the futur~, Chairman Hannah sta~ted thr~~. anythin~ f~~x~he~ s~rould ~equire fuxthe~ public hearirags, and thaf; orb].y the property Lacin~ an Bellaix~e Bov.le~rard is being cansidered at this hearing and no othe~. N1xs. Am~ Ha.rrison, ~+133 Casan, aslced whether i+Rr, ~'eldman's plan is the only plan tahich had been presented to the Co~nnissio~, Chairman Hanna.h sta~ted that i~ is the only plan received, ap,c~ that his apgla.ca~ian for rezoning of the area under discussion at this hearing was tne thing which had prompted the Commission to consider the rezoning of this propertyo Nlrs, Harrison stated that if a wall were constructed for screening, the,y would w~nt a 7-Foot wall, and ~,rot2l.d want it to be continuous and not a"patch- t~rork" type of wall. She stated that they taa.nted to know ~~rhat would be put on the re- • mainder o:' the property other than that rnar~ed by Mr. F'eldffi~n. Chairman Hanna~h sta~ced that this is only a puolic hearing, and ~hat this Zoning and Plannin~ Commi_ssion is not advocatin~ ~ezoning or status quo, but is only holding a preliminary hearing to try to determine what might be Uest and to hear a11 in close proximity to the area under consideration and give them an opportuni~y ~ti malce their feelings known. He stated that this is the first step in the proceedings, and anything final would be done at a later date after .further hearings. Iie stated tliat the purpose of the hearing is to get expressions o~F ~'eeiing of the affected property owners. Mrs. Harrison asked that the Zoning and Planning Commission present to the property owners on Cason, what is being considered. Chaizqnan Hanna.h stated that if rezoning were determined advisable, all details would be carefully warked out, a.nd would be a part of ~he oxdinance to be passed. Mrs Br~cker asked Mrs. Harrison ~rhat type of busi~ ness she and ~he property owners preferred. Mrs. Har?^ison sta-ted tha.t they prefer pro- fessiona.l businesses, advertising a.gencie~, attarneys, doctors, professional office buildings. Nirs. Catherine Deldald, ~+104 Cason, asked ~rhethex the Zoning and Planning Commission had ha.d ar~,}r proposals for this property if it were rezoned. Chaix~man Hannah stated that they had ortly Mr. ~'el.dman's proposa.],. Mxs. DeWalr3 stated that she meaat "proposals for other buildings"; Chairman H~nnah stated that they had noned He then asked for o~her questions or stateme~ts. • Mr, Lott stated that he fel~ it should be poin'ced out that if the property is rezoned it would b~ restricted to the tSr~e buildings that are desirable, such as that presented by NLr. Fe?dman, and he stated that if the prop~rty is rezoned, the zoning will require that the buildings be of desirable character, and that they would Y?ave to meet re- quirements of proper screening, etc, , Mrs, Beatrice Turrentine,4109 Cason, asliec~ about the parking. She asked whether ar~y- thing would be done at all c~ncerning adeq,uate off-~treet parkin~ facilities suitable to the ~ype business gut on the property so that it would not add to the parking con- gestion that ~lready exists because of the telephone comp~.r~y employees° parking on the streets. Chaiz•man Hannah asked the City Manager to comment on this, ~ ~~^~f nn-t ~.L ..~ 1-t-.~J_ r.b. ' .r.' ., t' .. .s.l~ _ !~t ~ d_.... t'1..._.r.~ • .~J. ~ ~ r .f S•l.i?n r.lV~l~i.~.lt a..l..:.U~'.-~ :il.:..^...~/ .:.:I~J~i.(~ l,r:~IV v'.:......~.~ -! .....: ..~...VV lit.S1AS1~..1_i.C.i~:.17>.1. .},~~.~.11:.t:w:t.:... ~i~1~: .Jn11.L~.(sJ and Planning Commission to study parking regulations for ~11 property in West University, even resi.dentiale After long deliberate s~udy and ~ccumulation of information from the Texas Municipal League, othsr cities and zoning ordinances, the Zoning and Planning ~ Commission referred their r~co~nendation to the City Commission, and they stuciied it fox 6 to 12 months. He stated that the City Commission had recently had a study meeting and adopted certain amendments and that last Monday evening, May 13, 196~, an ordinance was passed setting up the regu].ations. He stated that copies of the ordinance were ~' : ~ p~~e 3 ~ available io ar~yone desirir~ ~hem, Pa,rki.r~~ r~commendations p~ssed on squaxe foot axea of the building, e.nd the tza~ure of ~he business, Iie sta'ted ~hat ~here is a rule ~pplice.ble to any ~ype of b~sinesr. He also s~ated thaic trhen ~the icow+ahause or~inance tras adop'ced9 the numbe~c oP off- stree~ p~xking spaces was wri~~un in, i~.to ~he same ordin.ar~ce as all o~her require~ men~s, attd the same au~hari~ty is available in ~his mat~exo He s~ated ~hat there ~rould be guidelines ~,nd protec~ion 1•ritla OFFwSTRL'E'r parking, should tlae ppoperty be rezonede Mre Bricke~° s~ated th~.~ the peop~.e sY:ould be ~~old w2:~at ex~c~ly, could be put on the pz~oper~y if it ~~r~~e xezonea ~n aecoeda~zce with the propos~3. under consideration. t~ha~iaman Hara~La,h stated ~hat i~a order -to claxi~'y a~y questions which might nat have heea voiced9 tha~ ~he considex~-ztio~ for rezonin~ is fbr s~.ng~.e~family, ~tawnhouse, professi_onal of~ice buildings, azad parking facilities anly, Mrs. Harxison askea Mr, Feldman ~.nd Schwartz ~rhether fi hey have any plans for ~he property be~ween West Pain~ and Acad~nyo `rhey ~nsw,ered that ~hey had none. But that if they shOuld develop such plans, ~the~ vrould be similiar ~CO those presented at this hearinge Mra George Decker, 4148 Cason, presented a s~tatement oP opi~ions from various property owners to ~he Commission to go on record, He s~a~ted that this was sa.gned by property owners in ~he area and they would like the Commission ~o ~ive consideration to ~his • in malcing their decision, Mrs. Harrison asked whe~ther the oft'ice buildings would be owned or rented> Mr. Schwar~z etated th~t ~his type buildzng would be constructed, and that there Frould onl.y be three or four ogfices on the proper~tyo He s~a~te~ ~hat Lhey will hope to get a clinic in the building9 if constructed„ Mrso Harbison asked whether building contractnrs hac~ made proposals on the building, or wheth~p this w~s merely on paper, as ~resented, NLro H~nnah stated that there was nothing excep~ on paper a~ tY~is timeo Nlrse Beatrice Turrentirbe aske~ ~hether ~this could. include parking ares, as such, for an entire area, Chaixman Hannah s~ated tha~ this t~as not knoWn, but ~ha~ ~he telephone compar~y might be in~t~res~ed in purch~sing some of the property as a parking area. Mrs, Turrentine asked whe~Cher there ~rould be a screening device, if such wer~ done, Chairman Hannah a~sured her that this wuul.d be part of the requirements, if rezoned~. The City Mana~er reviewed some of the~con~trols ~~ritten into the Townhouse Ordinance passed for the proper~y on Bissonnet between Buf'falo a~d T+~akeforest, to illustrate the safeguards which t•rould be contained in an ordinance rezonixig the propertye Mro H~.nes advised Mrs, Harrisox~ that the ~oning and Planning Commission is dePinitely interested in the welf~.re of' ~he ci~cy, and. th~.t all safeguaras for pro~ection of zoning will be -taken by this Commission in any consideration, Dorothy Deckex, ~+148 C~sor~, sta~ed that they did no~ want office buildings ab~ve the ~ fences with parking uncerneatho Ch~irman Hannah staiced th~~ nothing higher than is already possible und~r psesent zoning, could be constructed there, Mre Bricker stat~d tha'c if the~e people :rould go do~m Richmond Avenue and see the new ~rofessional office buildings under cons~raction ~heY'ey that this would be similiar to what is being crnsidexed. for this propertyo He s~a~ted that nothin~ being considered Froul.d devalue o~ take from the value of the property ad3acent to it. He also stated that legall.y, anyane could buil.d a single-.faznily residence naw or later, He stated that a11 of the paricing requireinents, types of buildin~s, etca r~ould be safeguarded, and that these would be accep~able, He stated tha~ every safegu~rd which could possibly be put in for theix protec~tion would be put in the ordinance when and if it is passede Mrs. Turren~ine asked whether the Zoning and Planning Commissiota would be able, in writing restr.ictions, ~Lo limit any professional office buildings to less than 75 fzet, as presently set for~h in the zoning ordinance as a height restrictione The City Attorney sta~ed that if the Zoning and Planxiin~ Commission desired to rezone the property ~ and if they felt it tiras best for all of ~che property concerned, both rezoned and the property behind it, it would be in thei.r ~ower to limit the height to a proper height. ,- , : pa~~e ~, ~ She then asked whe~;her l~t could be ~roken b~r legal ac~a_on ~o perma.t ?5 geet buildirigs, i~f less were x~equired by ~the Zo~ing Commission in ~tl~is par~cicular insta.ncee The City AttorneSr s'cated tha~t he caiiid nof; p.re-judge, Uut i~ ~he 6D foot was z^eason~ble undex s~~cific f~.c~s in a case, -che c~ur~ wo~ld r~ot o~er'c~srn ~, "reasonable" x°equirement. Cha~irm~n Hannah asked wh~ther ~here we~e a.ny o~ther statemen~s or ques~;xons, There were none. Nto~ion by Mro BrackQr9 seconde3 by P1Lro Hi~aes ~~~ai: the public he~.Ying be closede Vo-ting Aye< Al). • ~ ~Poi;ing No; None Chasirman H~.c~nah s~ta~ted ~hat the ~oning ~nd t~lan~aing Commission ~rould consi~ex ~Che information ~athere~, and ~nriaunc:e i-cs deeision ~.s soon as possibleo A~ttached here~to is a copy of ~he regis~cer of ~chose a~~-tendi~ this public hearit~go Upon motion duly ma.de, seconded and carried, the mee~ing was ad~ourned a~ 8e35 pemo until the regular Zoning and Plar~ning Commission meettng on June 13, 1908, ~