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HomeMy WebLinkAbout05161968 ZPC Minutes (2) REGULAR MEETING OF ZONING AND PLANNING COMMISSION MAY 16, 1868 The Zoning and Planning Commission of the City of West University Place convened at the City Hall on Thursday, May 16, 1868 at 7:30 p.m., with the following members present: Chairman Hannah, presiding; Members L. B. Bricker, R. C. Hilton, E. Gene Hines, and H. E. Lott, The City Attorney and City Manager were also present. Chairman Hannah announced that this meeting had been called for the purpose of holding a public hearing in connection with the rezoning of Lot 2, Block 1 and Lot 2, Block 35 of Colonial Terrace Addition; Lots 1, 2, 3, 4, 5, 6, 7, 8, g, and 10, Fair - haven Addition in the City of West University Place, Texas for office and professional buildings or townhouses.. Motion by Mr. Bricker, seconded by Mr. Lott, that the public hearing be opened. Voting Aye: All Voting None: None Chairman Hannah stated that.. in accordance with legal requirements, property owners within 200 feet of the property under consideration had been notified of this hear- ing by letter, and that legal notice had been duly published in the Houston Chronicle on April 2g, 1868. Mrs. Opal McKelvey, secretary in the City Manager's Office, stated that all legal notification had been properly given. Chairman Hannah stated that discussion would be confined specifically to the area under consideration;. .He stated that property owners. and residents of West'University were the only persons which sould speak. He asked that all persons desiring to be heard come forward and state their name and address, or the address of the property they owned in West University Place. He also requested that each person only speak one until allhad been heard, and that they might then make any additional statements they desired. At this time, Mr. Milton Schwartz, counsel for Mr. David Feldman, owner of Lots 6 and 7, Fairhaven Addition, appeared before the Commission and presented information in connection with Mr. Feldman's request for rezoning of his property. He stated that Mr. Feldman had owned the two lots prior to the passage of the zoning ordinance andthat he did not buy the lots knowing that they were already zoned and hoping for a change in zoning at a later date. He stated that no one could deny the fact that West University Place is a residential community and that he believed that the pop- ulation of the city had remained fairly stable for the past several years which would indicate that there was not a large amount of new residential construction taking place in the city. He mentioned the Caudill, Rowlett and Scott report pre- pared fpr the city, and stated that it had recommended the property under considera- tion be rezoned for such purposes as Mr. Feldman was requesting. He then presented an architect's drawing of a proposed professional office building,. and then stated that Mr. Feldman's plans were to sell his property for construction of this type building and that they hpp~d it would be purchased or used by doctors, as a type of medical center. He stated that the building wou~.d contain approximately 2,800 square feet with room for 26 parking spaces (almost a 3 to 1 ratio). He stated also that they plan to have a 10 foot rear setback with a brick, 6 foot wall screen- ed by shrubbery along the rear property lines. Chairman Hannah asked for any who desired to speak in favor of the application to do so at this time. He then asked if there were any questions. Mrs. Helen Harbison, 4140 Cason, asked whether this would be in the block be- twwen Fairhaven and Academy, or .between Fairhaven and West Point. Mr. Swartz stated that it was between Fairhaven and Academy. Chairman Hannah stated that communications had been received from various indi- viduals in connection with the proposed rezoning. He stated, in the interst of time, that if it was satisfactory with these present, he would not read the letters at this time. No objections. Chairman Hannah asked thos desiring to speak in opposition to the proposal to come forward at this time. There were none. He then asked whether there were any other questions., ~ Mrs. W. Nussbaum, 4130 Cason, asked whether the zoing on their side of the street ~ would be effected (the north side of Cason). Chairman Hannah advised that the only U property under consideration was the property facing on Bellaire Boulevard be- U tween the Y.M.C.A. building and Academy Street, and only to the depth of these particular lots. Mrs. Mildred Stenger, 4145 Cason, stated that if they promised to construct a screening wall, that it should be promised in writing to guarantee that it-would be done. Mrs. POllu Cline, 4136 Cason, stated that they :.realized~ahat the issu~.~under consideration at this time is only Bellaire Boulevard; but that they were'con- cerned about whether the rezoning would stop with these lots facing on Bella-ire Boulevard and not continue into the adjacent residential .property.. Chairman Hannah stated that this hearing is strictly on the lots facing on Bellaire Boulevard to the easement, and ciid not involve any houses fronting on Cason at all. Mrs. Cline stated she is against rezoning of any property, until they have a clarification of where it will stop. She stated the property owners on Cason are afraid it will be enlarged to include their property in the future. Chairman Hannah stated that anything further would require further public, hearings, and that only the property facing on Bellaire Boulevard is being considered at this hearing and no other. Mrs. Ann Harrison, 4133 Cason, asked whether Mr. Feldmna's plan is the only plan which had been presented to the Co~nission. Chairman Hannah stated that it is the only plan received, and that his application for rezoning of the area under discussion at this hearing was the thing which had prompted the Commission to consider the rezo nin:g of this property. Mrs. Harrison stated that if a Wall were constructed for screening they would want a 7-foot ..wall.; and would want-i~ to be a continuous and not a "patch-work" type of wall. :She stated that they wanted to know what would be put on the remainder of the property other than that owned by Mr. Feldman. Chairman Hannah staffed that this is only a public hearing, and that this Zoning and Planning Commission is not advocating rezoning or status quo, but is only holding a_preliminary hearing to try to determine what might be best and to hear all in close proximity to the rea under consideration and give them an opportunity to make their feelings known. He stated that this is the first step in the pro- ceedings, and anything final would be done at a later date after further hearings. He stated that the purpose of the hearing is to get expressions of feeling 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. Chairman Hannah, stated that if rezoning were determined. advisable, all details. would be carefully worked out, and would be a part of the ordinance to be passed. Mr., Bricker asked Mrs. Harrison what type of business she and the. property owners preferred. Mrs. Harrison stated that they preferred .professional businesses, advertising agencies,. attorneys, doctors, professional office buildings. Mrs. Catherine DeWald, 4104 Cason, asked whether the Zoning and Planning Commission had bras any proposals for this property if it were rezoned. Chairman Hannah stated that they had only Mr. Feldman's proposal. Mrs. DeWald stated that she meant "proposals for other buildings". Chairman hannah stated that they had none. He then asked for other questions or state- ment s -. Mr. Lott stated that he felt it would. be pointed out that if the property is re- zoned it would be restricted to the type .buildings that are.. desirable, such as that presented by Mr. Feldman, and he stated that if the property,is rezoned, the zoning will require that the buildins be of desirable character,. and that they would have to meet requirements of .proper screening,~et_c.J, ;. ,, :. ~ ___ 1 Mrs. Beatrice Turrentine, 4109 Cason, asked about the parking. She asked whether anything would be done at all concerning adequate off-street parking facilities suitable to the type business put on the property so that it would not add to the parking congestion that already exists because of the telephone company em- ployees' parking on the streets. Chairman :Hannah asked the .City Manager to comment on this. Mr. Johnsoristated that about two years agothe City Commission requested the Zoning and Planning Commission to study parking regulations for all property in West University, even residential. After long deliberate study and accumulation of information from the Texas Municipal League, other cities and zoning ordinances, the Zoning and Planning Commission referred their recommendation to the City Commission, and they studied it for 6 to 12 months. He stated that the City Com- mission had recently had a study meeting and adopted certain amendments and that last Monday evening, May 13, 1968, an ordinance was passed setting up the regu- lations. He stated that copies. of the ordinance were available to anyone desiring them. Parking recommendations passed on .square foot area of the building, and the nature of the business. He stated that there is a rule applicable to any type of business. He also stated that when the townhouse ordinance was adopted, the number of off- street parking spaces was written in, into the same ordinance as all other re- quirements, and the same authority is available in this matter. He stated that there would be guidelines and protection with OFF-STREET parking, should the.. property be rezoned. Mr. Bricker stated that the people should be told what exactly, could be put on the property if it was rezoned in accordance with the proposal under consideration. Chairman Hannah stated that in order to clarify any questions which might not have been voiced, that the consideration for rezoning is for single-family, townhouse, professional office buildings, and parking facilities only. i eJ Mrs. Harrison asked Mr. Feldman and Schwartz whether they have any plans for the property between West Point and Academy. They answered that they had none. But that if they should develo~ such plans, they would be similiar to those presented at this hearing. Mr. George Decker, 4148 Cason, presented a statement of opinions from various property owners to the Commission to go on record. He stated that this was signed by property owners in the are and they would like the Commission to give considera- tion to this in making their decision. ~,,, Mrs.. Harrison asked whether the office buildings would be owned or rented. Mr. Schwartz stated that this type building would belconstructed, and that there would ~ only be three or four offices on the property. He states that-they will hope to N get a clinic in the building, if constructed. CO ''J Mrs. Harbison asked whether building contractors had made proposals on the building, V or whether this was merely on paper, as presented. Mr. Hannah stated-that there ~ was nothing except on paper. at this time. Mrs. Beatric Turrentine asked whether this could include parking area,. as such, for an entire .area. Chairman Hannah stated that this was not known, but that the tele- phone company might be interested in purchassing some of the property as a parking area. Mrs. Turrentne asked whether there would be a screening device,. 'if such were done. Chairman Hannah assured Pier that this would be part of the requirements, if rezoned. The City Manager reviewed some of the controls written into the Townhouse Ordinance passed for the property on Bissonnet between Buffalo and Wakeforest, to illustrate the safeguards which would be contained in an ordinance rezoning the property. Mr. Hines advised Mrs. Harrison that the Zoning and Planning Commisssion is definitely interested in the welfare of the city, and that all safeguards for protection of zoning will be taken by this Commission in any consideration. Dorothy Decker, 4148 Cason, stated that they did not want office buildings above the. fences with parking underneath. Chairman Hannah stated that nothing higher than is already possible under present zoning, could be contracted there. Mr. Bricker stated that if these people would go down Richmond Avenue and see the new progessional office buildings under construction there, that this would be simi- liar to what is being. considered for this property. He stated that nothing being considered would devalue or take from the value of the property adjacent to it. He also stated that legally, anyone could build a single-family residence now or later. He stated that all of the parking requirements, types of buildins, etc. would be safeguarded, and thatthese would be acceptable. He stated that every safe- guard which could possibly be put in for their protection would be put in the ordi- nance when and if it is passed. Mrs. Turrentine asked whether the Zoning and Planning Commission would be able, in writing restrictions, to limit any professional office buildins. to less than 75 feet, as presently set forth in the zoning ordinance as a height restriction. The City Attorney stated that if the Zoning and Planning Commission desired to rezone the. property and if they felt it was best for all of the property concerned, both re- zoned and the property behind it, it would be in their power to limit the height to a proper height. ~~ She then asked whether it could be broken by legal action to permit 75 feet buildings, if less were required by the Zoning Commission in this particular instance. The City Attorney stated that he could not -rejudge, but if the 60 foot was reasonalle under specific facts in a case, the court would not overturn a"reasonable" requirement. Chairman Hannah asked whether there were any other statements of questions. There were none. Motion by Mr. Bricker, seconded by Mr. Hines, that the public hearing be closed. Voting Aye: All Voting No: None Chairman Hannah stated that the Zoning and Planning Commission would consider the information gathered, and announce it decision as soon as possible. Attached hereto is a copy of the register of those atten ng this public hearing. Upon motion made, seconded and carried, the meeting wa adjourned a 8:35 p.m. until the regular Zoning and Planning Commission meet' o ~ ~ , 1968. ATTEST: Secretary 1 1