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HomeMy WebLinkAbout03121974 ZPC Minutes1 1 REGULAR MEETING ZONING AND PLANNING CC~M~ITSSTON MAR~Cfi 12 , 1974 The Zoning and Planning Commission of the City of West University Place con- vened in regular session at the City Hall, 7:30 p.m., Tuesday, March 12, 1974 with the following members present: E. Gene Hines, Chairman, presiding; Members 0. C. Bartholomew, Roland Dahlin, W. Peter Lipscomb, and H. Allen Weatherby. The Chairman ascertained from the secretary that proper notice of meeting had been posted on the bulletin board at the City Ha11 three (3) days prior to '"~'` the scheduled meeting~as required by HB3 6252 V.C.S. ~, ® Motion by Mr. Dahlin, seconded by Mr. Weatherby, that the letter from City ~ Attorne Charles F. Cockrell dated Pebrua 25 1974 to Mr. E. Gene Hines ~ Chairman, Zoning and Planning Commission, be incorporated into the minutes of .this meeting. Voting Aye: A11 Voting No: None February 25, 1974 Mr. E. Ger_e Hines, Chairman. Zoning and Planning Commission City of>West University Place, Texas Dear Mr. Hines: This will acIrnowledge receipt of your letter dated February 14, 1974 in regard to a letter from Mr. Doy D. 1~lyers dated ,Tanuary 25, 1974. A copy of such letter had been sent to me by Mr. Myers previously. Upon receipt of such letter, Thad contacted Mr. Myerst attorney and had dis- cussed this matter in a general way with him. He indicated that he had some appellate decisions which he could furnish to me which would estab~ lish the correctness of the position taken by Mr. Myers. T have been waiting fob the letter frmrt Mr. Myers a~ttoi;ney since then and had de~ laved answering your letter until receipt of such authorities. How- ever in view of the delay, T thought it advisable to answer your letter at this time. Your letter contained five cuestions'and T will attempt to answer the .questions- in order: 1. T do not believe that Mr. Myers is entitled to a certificate to the effect that the Comumission failed to act with~hirty (30) days on his application, as T am of the opinion that his resubmission of the appli~ cation was an admission on his part that the Commission's action was still necessary. 2. While T cannot cite a definite ruling_of statute that Mr. Myers was estopped, T am of the opinion that it is a valid position to take on the matter. 3 ~ 4, I do not believe that ~. ~~ ~.~ ~.ny xights against the members of the Commission individually, nor is there any liability of the Commission members individually, as T would have to assume all of the actions wexe taken in good faith as members of the Commission and not as individuals, S. Unless the Zoning and Planning Commission wishes to reconsider the entire matter by calling a new Public Hearing, I would not consider=-.that any action should be taken at this time wZti1 T have been furnished with the information from 1~Ir. Myers attorney as noted above which would then permit me to further advise you, If this does not completely answer the questions contained in your letter, please so advise me. Yours very truly, /s/ Charles T. Cockrell City Attorney CC Mayor Don E, Harris City Manager Whitt .7ohnson Mr. Hines advised that he, Mr.\Dahlin and Mr. Bartholomew attended the regular meeting of the City Commission, March 11, 1974, and that at that meeting City Attorney Charles Cockrell advised-the City Commission of the static of the petential suit concerning the subdivision of Lot 2,BLock 40, West University Place 1st Addition, and asked Mr. Dahlin to report on Mr. CockrellTs re-~ marks, Mr. Dahlias said that Mr. Cockrell stated he had been awaiting a response from Mr. Myers' attorney citing precedents as noted in Mr. Cockrell;s letter to the Zoning and Planning Commission dated February 25, 1974, and that not having received a reply, he had called the attorney who said he was unable to come up with any precedents to that effect, Mr. Cockrell said the next step, if they intended to pursue the matter, would be to file for a declaratory judgement to the effect that the certificate should be granted, Mr. Cockrell asked for permission fre>m the City Ccmgmission to answer a declaratory judgment should one be filed unless the Zoning and Planning Cozymission desired to reverse their decision and grant the certificate as requested. Mr. Dahlias reported that Acting Mayor Peter Way asked Mr. Hines if the Zoning and Planning Commissioned wished to change its decision and after receiving a negative answer,the City Cormnis~ sion authorized the City Attorney to file an answer if a declaratory judgment is filed. Mr. Cockrell said he belived if one was filed, it would be within the next two weeks. Mr, Hines reported that he officially filed the report of the Zoning and Planning Commission concerning their findings and recommendations for rezoning certain peri- pheral areas with the City Commission at their regular meeting on March 11, 1974. He further reported that Acting Mayor Peter Way accepted the report for the City Commission and expressed thanks and appreciation for the work and many hours spent by the members of the Zoning and Planning Commission in preparing the report and advised that two opies of the report are being placed in the library, .~ C,.~ 6104:°`Auden, two copies in the Conference Room at the City Ha11, for the con venience of those citizens whc~ mi ht wa~.t to study it, and also copies would be for sale at the City H~.11 for 1.00. Motion by Mr. Dahlias, seconded by Mr. Weatherby, that the final Report of the Zoning and Planning Commission of the City of West l~n~''versity Place, Texas, dated March 11,.1974, stating the Commission's findings and recmmnendations and prof posing the rezoning of certain of the lots specified in the several notices announcing Public Hearings held by the Zoning and Planning Commission on February 6, 13 and 20, Nlay 29, and dune 5 and 12, 1973, be adopted by the Zoning and Planning Commission Voting Aye: A11 Voting No; None Notion by Mr. Weatherby, seconded by Mr. Lipscomb, that the Report of the Zoning and Planning Commission, dated March 11, 1974, as adopted in the above motion, be incorporated, by reference, into the minutes of this meeting. Voting Aye: A11 Voting No: None Motion by Mr. Dahlias, seconded by NJr. Weatherby, that the Zoning and Planning Commission formally express thanks to Mrs. f9pa1 1~IcKelvey for her help thraugh~ out the three yearsp study and especially during the "'forced march' in preparing the finished report, and that same be spread upon the minutes of this meetnng. Voting Aye: A11 Voting No: None The minutes of the regular meeting of the Zoning and ~'lanning Commission of February 12, 1974 were approved as submitted with minor typographical corrections. The minutes of the special meeting of February 22, 1974 were approved as sul~nitted. Mr. Hines. reported that Mr, ~'~ Russell, who made application .for rezonings Lots ~ and 4,B1ock 4, West University P1aee 1st Addition, for business and professional office buildings, had contacted him by telephone anal said if the Zoning and Planning Commies-ion had not recommended rezoning for business and professional office buildings, that he would approach the City Commnission to do so. He advised that he had heard a group was attempting to obtain a cfiarter for a bank at the southeast corner of University and Kirby, which is in the City of Houston. With no other. business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 8:45 p.m. ~`,~~- Chairman ATTEST: / _~ _... G , , ;~ Secretary