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HomeMy WebLinkAbout02131979 ZPC Minutes REGULAR MEETING ZONING AND PLANNING COMMISSION FEBRUARY 13, 1979 The Zoning and Planning Commission of the City of West University Place convened in regular session on Tuesday, February 13, 1979, 7:30 p.m., with the following members present: Chairman Norton, presiding; Berg, Casey and LaCook. A member of the audience asked that she be allowed to make a statement concerning an agenda item. Chairman Norton advised that her request would be taken into consideration after regular opening procedure had been accomplished. ~ The Chairman ascertained from the secretary. that proper notice of meeting had been ~ posted at the City Hall three days prior to the scheduled meeting. A Members of the Commission consented to hearing from the floor. Joan McCay, 3029 Carnegie; Stated that she owned the property at 4102 Tennyson and that she was speaking on behalf of herselfa~and Mrs. Brien who ownes and lives at 3934 Tennyson. She stated they were concerned about townhouses being constructed at Academy and Bissonnet because of a sewer problem; that the four already built at that location had added greatly to the sewer problem; that approximately every month to six weeks sewage would stand in the back yard of these residences and that they have had a very difficult time getting city employees to correct the mat- ter. They were at the meeting to ask the Zoning and Planning Commission to stop the Inspection Department from granting any permits. for townhouses until it can be proven that the sewer can taken these new townhouses. Mr. Morris Ballew, Atchitects Plus, representing the owner, Ms. Myra Powell, pre- sented Preliminary and Final plans for the construction of townhouses on Lots 10 and 11, Block 18 Colonial Terrace Addition 4100 Block of Bissonnet. He stated the proposed townhouses would be approximately 1,800 sq. ft., two stories divided firewalls, enclosed garages with automatise openers, two entrances off Bissonnet, brick, stucco .and. aluminum trim and two extra guest parking space. He also stated that E. B. Marshall, engineer, had research the location and adequacy of utilities and that he had a letter from Mr. Marshall that they were adequate. Members of the Commission discussed with Mr. Ballew and Mr. DeGeorge, prospsective developer of the property, guest parking spaces, and in particular one space on the west side directly off .Bissonnet. Ann McCay, 4102 Tennyson: Stated that approximately every six weeks she had a sewer problem, and especially during the rainy season, raw sewage backed up in her back yard and she did not think the sewers on Academy and CO.leridge should be loaded with any more sewage. Mr. Ber: Stated that the Commission had no authority to do anything about the sewage; that all they could do was see that the plans presented to them for the construction of .townhouses met the requirements of the law. U_ Mr. Norton: Stated that the city is responsiile for seeing that building codes and other ordinances are complied with including the Public Works Department which would be responsible for the sewer problem; that the City Engineer has the responsibility of seeing that lines work; that it is a question of a bond issue to take care of the sewers; and that the Zoning and Planning Commission is not empowered to tend to the sewage situation. Mr. BErg suggested that those with sewer problems go to the City Commission to make them aware that the citizens are not getting adequate response from city employees and that it is incumbent on the citizen to make the City Commission aware of the situation. Mr. Casey: Stated that the Commission communicates to the City Commission through the minutes of meetings and they should take action to coordinate city departments. Ann McCay: State that she was aware that the Commission could not do anything about the service, but it was her opinion that the city is being loaded down with townhouses. Mr. Berg: Stated that the Commission had to abide by how the property is zoned and they had an obligation to pass on the merits. of the plans. LaCook: Stated that the Commission does not issue permits, but approves plans and permits are issued by the Inspection Department. Mr. Ballew commented ,that he did not see how these townhouses would effect the bhouses on Tennyson as they would be tien into the sewage system further north. Ann McCay: Stated that it was. pumped to lift station no. 1, then to no. 2 and then to no. 3 in her area. Mr. Norton: Stated that Commission is not equipped to .determine where the sewer lines run and not charged with that responsibility; the forum is to the City Commission. Mr. Casey: Stated he thought the Commission had to responsibility to find out what the City Engineer could tell them. Mr. Norton: Stated that even should the Commission find out there is a problem, he was not sure the application could be denied on those grounds. Mr. Casey: Stated he thought it was in the spirit of the ordinance to have problem of raw sewage backed up in someone's .yard checked out. Mr. Norton: Stated the Commission could not deny plans solely on sewage; that the plans either met the ordinance requirements or they didn't and that-the sewage and water are beyond its authority. a Mr. BErg: Stated he also believed the Commission was empowered to pass on the requirements of the ordinance and not empowered to stop them if sewage is bad; that sewage capacity should have been a concern when the ordinance was passed for construction of townhouses. ~, Mr. LaCook: Stated that on a project on Bellaire Boulevard the city worked with the developer and the developer paid for the construction of adequate sewer lines. Mr. Ballew: Stated he felt like that would be the answer and that Sub-Section P of Ordinance No. 1025 outlined the responsibility of the Zoning and Planning Commission. Mr. .Norton: Stated he believed the Commission could act only on merits of the application; that utilities were determined at the time of the passage. of the ordinance. ~ Mr. Berg: Stated ghat in his opinion they could not if all things were in 0 order; could recommend to the City Commission but could not approve plans sub- ~ ject to utilities or other codes. Q hors. Brien, .3934 Tennyson; Reiterated that since January 4th she had called twelve times with sewer problems. The Commission returned to a discussion of the plans submitted and determined that a specified kitchen area did not contain an eating area whereby certain setbacks were required. All members agreed they did not have a problem with the design and plans sub- mitted. Motion by Mr. Casey,. seconded by Mr. LaCook, that a decision on the plans be postponed until one week from tonight pending written report from the City Engineer in terms of utilities and specifically on the sewer system. Mr. LaCook: Stated that the controlling ordinance for this area was an amend- ment to the original Zoning Ordinance no. 111 which in its preamble states "Whereas, the districts and regulations recommended by the said Zoning Commis- sion have been made in accordance with a comprehensive plan for the purpose of .......; facilitating the adequate provision of transportation, water, sewage, ......" that he believed the Commission could not overload that area; that he agreed that the plans submitted met requirements of Ordinance No. 1025, but that Ordinance No. lOZS still ties back into Ordinance No. 111 and that he believes it is in the Commission's jurisdiction. Mr. Berg: Asked what would then be the remedy. Mr. LaCook: Stated he believed the Commission could recommend to the City Commission to stop until adequate facilities are met. Mr. Berg: Stated he did not. believe the Commission had any business with the question of utilities - that the problem exists now and for some time whether there is one house or no house on this property. Voting Ayre: Casey Voting No: Berg LaCook Norton Motion by Mr. LaCook that the plans be approved as submitted but that the City Engineer be instructed concerning the sewer problems in that area in his con- sideration in issuing permits. Motion died for lack of a second. The Commission. members continued their discussion of the pros and cons of the authority and responsibility with which the Zoning and Planning Commission is charged. Leo Rosenbau, 4028 Marlowe:. Stated that he attended a workshop meeting of the City Commission when they met with Bayshore Engineers; that the city has l million gallons going throufh the treatment plant each day and when it rains there are 6 million gallons; that the city has nine lift stations of which only one.is up to standard and that when it rains that one pump has to be shut down and raw sewage pumped into the bayou and that EPA order had given the city until Decem- ber, 1979 to have anew plant built; and that Bayshore Engineers would speak at the Community Building to all interested citizens concerning the plans in the very near future. Motion by Mr. Casey, seconded by Mr. LaCook, that a decision on the plans be postponed until one week from tonight pending written report-from the City Engineer in terms of utilities and specifically on the sewer system. Mr. Norton: Stated his concern is the Zoning and Planning Commission getting into other areas. Mr. Berg:. Asked if the Commission decided there was a real problem with facili- ties could the Commission recommend that the City Commission look at rezoning and go back and check the entire zoning ordinance. Mr. LaCook: Stated that the Commission can recommend to the City Commission any- thingl that if we do have a problem and we continue to approve plans for town- houses that on that .alone we can make a recommendation to the City Commission that construction of townhouses be closed until a study has been donel or the plans can be tabled. Mr. Casey: Stated that he felt before the Commission acted in anyway they should get the facts. Voting Aye: Berg Voting No: NOne Casey. LaCook Norton Mr. Casey was appointed to draft letter to City Engineer with copies to the City Commission. The meeting recessed for ten minutes. Mr. Jerry Parish, McGinty Partnership, presented an application from Leo Rubenstein, owner, to rezone 1 d'' Lf~ O 'a C 1 Lot 1, Block 1 Collegeview 3rd Addition 3800 Block Bissonnet for townhouses. Mr. Parish stated the plans submitted are for three townhouses 2,000 sq. ft. sites, with some green space and had been conceived within the merits of the current Ordinance No. 1025 in defining a peripheral area as a buffer to the city; that the previous Zoning and Planning Commission had recommended this area be used as a park but the City Commission did not take this recommenda- tion and that the prospective purchasers would like to have the Commission consider this for rezoning for townhouses. Discussion concerned location across from Woolco Center; feelings of resi- dents across Sunset St., and if this property was truly a peripheral area, as it backs into an interior street. Mr. Norton: Stated that he felt that any rezoning should be done from a comprehensive stand point and for the welfare of the entire city and not on a one to one basis. Motion by Mr. Berg, seconded by Mr. Casey, that application from Leo Rubenstein, owner, to rezone Lot 1, Block 1 Collegeview 3rd Addition be accepted and Public Hearing be set for the next regularly scheduled meeting of the Zoning and Planning Commission on March 13, 1979-if proper notice can be made in that time. Voting Aye: Berg Voting No: Norton Casey LaCook Mr. Norton explained the procedure of zoning application to Mr. Parish upon his request. Minutes of the regular meeting of the Zoning and Planning Commission on January 9, 1979 were approved as submitted. With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting a~~ned at 10:15 p.m. Chairman ATTEST: !/G ' ^ ~ ~~ Secretary