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HomeMy WebLinkAbout03131979 ZPC Minutesp 1.1 (i.. REGULAR MEETING ZONING AND PLANNING COMMISSION MARCH 13,19 79 The Zoning and Planning Commission of the City of West University Place convened in regular session on Tuesday, March l3, 1979, 7:30 p.m., with the following members present: Chairman Norman, presiding; Members Berg, Casey and LaCook. 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. Motion by Mr. Casey, seconded by Mr. Berg, that Public Hearing to consider appli- cation from Leo J. Rubenstein, owner, to rezone Q'~ ~ Lot 1, Block 1 ~j Collegeview 3rd Addition ~ for townhouses, be opened. Voting Aye: All Coting No: .None Chairman Norton ascertained from the secretary that Notice of .Public Hearing was published in The Southwestern Argus on February 21, 1979 and letters to Interested Property Owners mailed February 21, 1979. Mr. Norton introduced himself and other members of the Commission, outlined the` procedure to be followed during the Hearing and administered an oath to all those wanting to be heard during the Hearing. Jerry Parish, Architect, represented .the .owner in the propsed rezoning along with Jim Harris, developer and prospective purchaser of the property. Mr. Parish stated that preliminary proposal of three townhouse plans to take advantage of climate and energy control by facing house on Bissonnet with solid walls to the east; he noted that the property is .triangular and construction limited to approximately 8,000 square feet of usable space and that it was planned to develop the area not used in construction as a green space; and that it was felt townhouses would block view of commercial business across street and be in line with former re- zoning of keeping 'townhouse development on the periphery of city. Questions from the audience wereasked by the following citizens: Leo Howard, 3782 Nottingham; J. E. Metz, 3817 Sunset ,• Mrs. H. E. Eubanks, Sr., 3815 Sunset; Mary Metz; 3817 Sunset; C. H. Hotalen, Jr. The questions were answered either by members of the Commission, Mr. Harris, Mr. Parish and Dirs.. Thomas Lee, realtor, representing the sale of the property for Dir. Rubenstein. Mr. Lee resides at 3516 Rice Blvd. Mr. Howard: What is on east boundary? Mr. Parish; Residences which are separated from the property by a 10 ft. easement. P9r. Metz; What facilities. are planned to hide the garbage cans. in rear? Mr. Harris::. Plans are only preliminary in nature, but be assured that garbage cans would be buried or screened with fencing in some manner. Stated that he plans to ': line in one of the townhouse, if rezoned, and is as much interested in aesthetics of development as property owners across the street. Mrs. Eubanks: This is a dead end street and garbage trucks turn arounding using part of this property to turn on. What arrangements would be made for the turning around of these vehicles? Mr. Harris: I don't think it will be a problem, if necessary, driveways could be used for a turnaround. Mrs. Eubanks: Will you .rezone entire area across the street? Mr. Norton: This Public Hearing concerns itself only with area above stated on which application was made for rezoning. Mrs. Eubanks: We asked four or five years ago to have the south side of Sunset rezoned and was told there was no use in trying. Mrs. Metz: Where would guest parking be located? D4r. Parish: Guest parking would be entirely within the property line and in this proposed plan we have designated four guest parking places per unit whereas in similar townhouse areas only two guest parking spaces have been required, and if necessary the green area could be utilized for parking, however, they stated they would like to keep the green area if possible. Mr. Norton advised that this plan proposed by Mr. Parish and Mr. Haris is only a suggestion and that if the area is rezoned an ordinance would be passed by the City Commission setting out requirements for development. Mr. Howard: In what direction would the sewer line be liad? Mr. Parish: To the west curing onto Northwestern. Mr. Harris: There is no sewer line now serving the property and whether town- houses or a residential single-family unit is built here the sewer line will have to be laid. .Possibility of sewer line coming from Auden, but after pre- liminary study he said he did not believe it was located in that area. Mr. Hotalen: Whoe is Leo J. Rubenstein? Mr. Lee had to be administered an oath at this time as he had not taken it pre- viously. Mr. Lee: He is the present owner and has owned it for about fifteen years. Mr. Harris: I have an earnest money contract on the property with-an option to buy. Mr. Hotalen: Is there sewer service to that property? Mr. Parish: Not at this time, but in consulting with the Public Works Director for the city he advises that there is adequate available sewer service for these townhouses.. ~, '~ l.fa ~~ Q ~, I Mr. Hotalen: How much is easement? Mr. Parish: Sunset St. has a'dedicated right-of-way of fifty feet. Mrs. Metz: Would there be necessity for parking on the street? Mr. Norton: I doubt they would be intertwined. Mr. Casey: tilihy face on Bissonnet? Mr. Parish: Because of environmental advantages and fronts would be protected with enclosed patios. Mr. Casey: Would it be better to face on Sunset? Mr. Parish: This could be done with a definite amviance with south side properties. Mrs. MEtz: Bissonnet is very busy and we have to wait as lont as ten minutes during morning and afternoon traffic to get on .the street and how could a brick fence or wall be built in front when this is not allowed for single-fa-ily resi- dences? Mr. Norton: If rezoned this could be one of requirements allowed.. Mr. Parish: This is only a proposal, another alternative plan could allow for ingress on Sunset and curve around and egress onto Bissonnet from the east end of property. (He .presented an alternate plan showing such a procedure.) Mrs. Metx stated that she would not object to townhouses if residents on south side of Sunset could be assured they would be protected and that she would rather see the townhouses. facing inward. Mr. Howard stated his only objection would be to be propserly assured that seer service is available. Mrs. Eubanks: I am concerned with the parking and traffic problem on the narrow street and the dead end. Mr. Hotalen: Stated that fifteen years ago the owner had offered to sell him the property under consideration and when he refused the offer the property had been setting there undeveloped ever since; he further stated that no one seems to know where the-sewer line would tie in and that he had-been approached by an- other prospective purchaser to give an easement across his property for the sewere line which he refused; that he would be directly across from the proposed #2 townhouse and he did not really care to look at the back or front of town- house; and that at the time when this matter came up before he had personally asked the Zoning Commission to rezone the properties on the south side of Sun- set which was not done. Mr. .Hotalen was advised that .the Zoning Commission could only consider rezoning on applications, and the procedure was reviewed for information of those present. Motion by Mr. Berg, seconded by Mr. Casey, that Public Hearing be closed. Voting Aye: All Voting No: None Meeting was recessed for five minutes. Motion by Mr. Berg, seconded by Mr. Casey, that Public Hearing to consider application of West University Church of Christ to subdivide East 75 ft. of Lot 5, Block 91 West University Place 2nd Addition into two lots, one 75 ft. x 82 ft., facing Albans and one 85 ft. x 75 ft., facing Westchester, be opened. Voting Aye: All Voting No: None Chairman Norton ascertained from the secretary that Notice of Public Hearing .was published in The Houston Chronicle on February 24, 1979 and letters to Interested Property owners mailed on February 28, 1979. Mr. Norton introduced himself and other members of the Commission, explained the procedure to be followed during the Hearing and administered an oath to all those desiring to be heard. Mr. Jack Castles, representing West University Church of Christ in his capacity as Elder of said church, stated that the church wished to sell the property and had a contract with Mr. and Mrs. Axelrod contingent on the action by the Commis- sion. Mrs. Vicki Axelrod, 5319 Westchester, stated that she resides directly across the street from the subject property and felt that subdivision and construction of two residences would enhance the area and benefit West University Place more than the present structure which is in very bad condition and is used by the church as classrooms, recreation building and various other church activities. She introduced Mr. Kenneth Webb who will develop the property if the subdivision is granted. Mr. Casey advised at this time that he had had business association with Mr. Webb and would participate in discussion of the proposed subdivision but would abstain from voting. Questions from the audience were asked by the following citizens: Mr. and Mrs. Harold Sellers, 3420 Albans; William James, 5315 Westchester; Rick Rice, 3323 Albans . Mr. .James: Do you have a plat or plan for proposed development? He was advised that a plan had been submitted and could be studied by all inte- rested. Mr. Castles was advised at this point that any action of the Commis- sion would be subject to the submission of a surveyor's plat plan showing proposed subdivision of the property. ,~_ Mr. Sellers: If application approved, it would be developed into two single- family lots. Could anything else be done there? Mr. Norton: No. Mr. James: Would the removal of the old house be a contingent of subdivision? Mr. Norton: .Not necessarily, however, on any subdivision structures. must be removed or altered to meet setback requirements.. Mrs. Sellers: If sale not completes, is there any other use of property that ~ church could use it for other than what they are using it for now? ~1? ® Mr. James Could church leave structure and use rear of property for parking? Mr. Berg: Church would have to meet requirements of city .the same as others. Discussion following on church use if property, i.e., could they use it for any church function, including parking,. classrooms, etc., or would they have to use as zoned. It was developed that on advise of previous City Attorney and policy followed by city previously churches could use their .property in any manner which was an integral use of the church. .Members felt this question should be studied for future consideration as to legality of this position. Discussion concerned sewer problems in area and no one in audiece stated they had problems, configuration of houses on lots, and reason for subdivision. .Motion by Mr. Casey, seconded by Mr. Berg, that ,Public Hearing be closed. Voting Aye: All Voting No: None Minutes of the regular meeting on February 13, 1979 and special meeting on FEbruary 20, 1979 of the Zoning and Planning Commission were approved as sub- mitted. Motion by Mr. Berg, seconded by Mr. Casey, that consideration of subdivision be undertaken at this time. Voting Aye: All Voting No: None Mr. Berg stated he was in favor of subdivision and that he believed. it would benefit those living across the street to have two residences rather than run down structure-used by church for purposes other than residential. Mr. Casey stated he felt it would be better for West University to get the whole block back to residential. Mr. Norton stated he was trying to balance improvements in property and valuation and disposal of eyesore against long term application of situation, i.e., is it being subdivided and built-upon primarily as an economic endeavor or will it benefit the city. He stated he is faced, as always on subdivision applications, to the possibility of more and more applications before the Commission to subdivide all large lots which would make it a city of minimum size lots. 7 Mr. Casey pointed out that if subdivided these would be larger than the minimum size lot. Motion by Mr. Berg, seconded by Mr. LaCook, that application to subdivide East 75 ft. of Zot 5, Block 91 West University Place 2nd Addition into two lots, one 75 ft. x 82 ft., facing Albans and one 85 ft. x 75 ft., facing Westchester, be approved subject to submission by applicant of sur- veyor's plot plans and subject to compliance with all. building setback re- quirements, building code, and other governing ordinances, whether or not here- in specified, for any subsequent construction. Voting Aye: Berg Voting No: Norton LaCook Consideration of application to rezone Lot 1, Block 1, Collegeview 3rd Addition: The Commission discussed the benefit to the city if rezoned, feasibility of looking at residences across the street for rezoning as this would continue policy of areas already zoned for toonhouses wheregy the back of .townhouses abutt the back of residential lots and not have a row of residential houses looking across the street at townhouses, townhouses forming a buffer between commercial area .and busy street, unique configuration of .the entire tract of land, includ- ing the triangle and the residential homes, responsibility of Commission to always look at zoning from the standpoint of changes in area and getting the opinion of citizens of the .city. Motion by Mr. Casey, seconded by Mr. LaCook, that decision on this applica- tion for rezoning for townhouses on Lot 1, Block 1 Collegeview 3rd'Addition be delayed until such time that a Public Hearing is called and held to con- sider rezoning Lots 1, 2, 3, 4, 5, 6, Block 2 Collegeview 3rd Addition for townhouses and that such hearing be called for the next regular meeting of the Zoning and Planning Commission on April 10, 1979. Norton: I do appreciate it is a unique situation. I agree we cannot say we will never change anything ever. I understand our foal is to have a single- family residential area unless there are overlying reasons. LaCook: Part of purpose of Commission is to keep abreast of times and con- sider requests at all times. We are a recommending type Commission. Zoning is a plan which gives one some control over development of the city. Voting Aye: Berg Voting No: Norton Casey LaCook X4:1 ,~-?''. 'd'' d Q u '~J The Chairman was authorized to seek information from Chief of Police, Fire Chief and Director of Public Works concerning These properties and possible rezoning. With no further business to come before the Commission, upon motion duly made, seconded and carried, the meeting adjourned at 11:00 p.m. ATTEST: ~~ Secretary ~, ~~ Chairman O 1