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HomeMy WebLinkAbout08131974 ZPC Minutes REG~JLAR MEETING ZONTNP AND PLANNING CC~NlT5S1QN AUGUST 13, 1974 . The Zoning and Planning Commr lion of the City of West University Place con- versed in regular session, Tuesday, August 13, 1974, 7:30 p.m., with the follow- ing members present: Chairman Hines, presiding; Members Bartholomew, Lipscomb, and Weatherby. The Chairman ascertained frrnn the secretary that proper notice of meeting had been posted on the bulletin board at the City Ha11 three days prior to the sche- duled meeting as required by HB3-,Amending 6252-17 V'. C.S. An application from Mr. C. H. Atkins, owner, to rezone Lot 1 East 75' x 125' of Lot 2 West 75' x 125' of Lot 2 South 125' of Lot 2 Block 93 West University Place 2nd ADdition 3617 Bissonnet for townhouses and/or clusterhouses, was presented to the Crnmnission for their consideration. This application had been tabled at the last regular meeting on July 9, 1974 pending certain information from the City Attorney requested by the members of the Zoning and Planning Commission. The following is a letter from City Attorney CharlesCbckrell concerning the above property: August 9, 1974 Mr. E. Gene Hines, Chairman Members of the Zoning and Planning Commission City of West University Place, Texas Gentlemen: You have heretofore requested my opinion in regard to an application pending before you involving property owned by Mr. C. H. Atkins. It is my understanding that the Atkins property occupies an area which is bounded on the west by Poor Farm Ditch and on the east by Mercer Street. You wish to be advised if it would be considered "spot" zoning to rezone the Atkins property without also rezoning all other property from Buffalo Speedway to Poor Farm Ditch. Team advised that several blocks of the area from Buffalo Speedway to the Atkins property is used and occu- pied by churches, with one block interspersed with churches. I under- stand that you have not had an application from any of the property owners except Mr. Atkins. ~: Tt is my opinion that sufficient distinction as to its location and size could be made between the Atkins property and the other property to consider rezoning it w%thout, at the present time, rezoning the other properties. Tn answering your second question, it is my opinion that the property being devoted to church use should not be considered fox rezoning in the absence of an application therefor. If T can be of further assistance, please so advise. ~.+ Yours very truly, ifs c~ ~ Charles E. Cockrell C7 City Attorney Mr. Bartholomew quoted from "Urban Law: Planning and I~velopment" wherein it was stated that "spot" zoning is invalid (1) where a small parcel of land is singled our for special treatment (2) where the singled our land is not in the public interest but for the interest of the property owner, and (3) where action is not in accordance with a comprehensive plan. Mr. Hines pointed out that this property was held in abeyance from their recom~ menda.tions made to the City Commission on other peripheral property in a re~ ported dated March 11, 1974, and asked the members to consdder if they felt this is not in line with the other recorrnnended areas. Mr. Barthlomew stated it was held in abeyance to further evealuate traffic which might develop because of the opening of the mini-freeway which terminates at Bissonnet directly at the north side of this property. Mr. Lipscomb stated he felt this application was in character with the type of zoning recommended for other peripheral properties, and that he felt the Commission should go along with the opinion of the City Attorney. Motion by Mr. Lipscomb, seconded by Mr. Weatherby, to reopen the motion to call a public hearing to rezone Lot 1 East 75' x 125' of Lot 2 West 75' x 125' of Lot 2 -South 125; of Lot 2 Block 93 West University Place 2nd Addition 3617 Bissonnet for townhouses and/or clusterhouses. Voting Aye: Mr. Lipscomb Voting No: Mr. Bartholomew Mr. Weatherby Mr. Hines An application ,from Tex, "1~.ike ~~ L~iarxzs, Q~rnex, to rezone Lots 2,3 and 4 Block 4 Collegeview 3rd AI~dition for townhouses and/or clus~terhou~es was presented to the Cenrnni.ssion for cone sideration. Mr. Harris stated that he lived in Conroe, but that he had been friends for years with Mr. Stubbs Brown who is a resident of West University Place and that he had been interested in West University Place for many years. He stated he owned property in Bellaire and also in Houston. He said he is an investor but that he would accept the judgment of the Commission as to the use of this property. He also advised that he would offer the property to the city as a park site at his purchase price of $1.50 a square foot with the stipulation that it be developed and not just left vacant property. He said it was his impression that the City Commission was not interested in developing this property for a park and so he was requesting that it be rezoned for townhouses and/or clusterhouse as other fxinge property in the city, so that the land could be developed for i.ts best possible use and not just lay as "dead" land and return the city more tax money. The members of the Zoning and Planning Commission discussed the possibility that rezoning this property would constitute "spot" zoning. Mr. Hines said that he had discussed this with the City Attorney and it was his opinion that i.f Lot 1 was included these lots could be considered as a separate parcel of land and would fall into a category as being oriented differently to the property east of it as all except a portion of Lot 4 is bounded by Bissonnet and is one block ddep off a peripheral street, whereas the property east of it fronted on Northwestern. Mr. Dahlin came to the meeting at this time. The status of the property insofar as action of the City Commission on the Zoning and Planning Commission's recommendation to rezone this pxopexty for a park site was also discussed. It was the concensis of opinion that a definite decision by the City Commission as to the Zoning and Planning Conunission's reccmnnendation that these lots be used as a visual park be obtained before any action could be taken on Mr. Harris' application to rezone these lots for townhouses and/or clusterhouses. An application from Mr. H. H. Edwards, owner, to subdivide Lot 5, Block 27 West University Place 1st Addition 6412 Sewanee into two lots, each 50 ft. x 150 ft., each fronting on Sewanee, was presented to the Commission for consideration. Mr. Edwards said he desired to have this property subdided and would remove the portion of the existing structure so as to meet all set back requirements of the city. y 1 d ~~ Q Motion by 1~1r. Dahlin, seconded by1~r. Lipscomb, that a public hearing be called to consider the snbdi~rision of Lot 5, Block 27 West University Place lst Addition 6412 Sewanee into two lots, each 50 ft, x 150 ft., each. fronting on Sewanee. A letter from Mrs. Miriam S. Banks Tsrael was presented to the Ccamnission for their information and is as follows: 5511 Cheltenham Houston, Texas 77035 August 1, 1974 The Hon. Don Harris, Mayor, City of West University Place Zoning and Planning Commission, City of West University Place The City Commission, City of West University Place Gentlemen: 1 I am writing to you as the owner of the property located a 4003 Ruskin Street, City of West University Place, said property being Legally de~ scribed as Lot 10, Block 25, Collegevie~r lst, and to protest the unfair and discriminatory change of zoning the West University Zoning and Planning Commission has recommended for that property. I ask that the recommendation be mended to re-zone our property in the salve classi~ fication as the majority of the lots on said bloc ~ "rezoned for town- houses and/or clusterhouse and/or parkingF'. T am asking for equity under the law. The smaller taxpayer or indivi- dual should not be penalized for the benefit of the larger taxpayer or corporation. Nor should the larger tax payer or corporation benefit from discriminatory action against the smaller taxpayer or individual. The City has the obligation to treat all its taxpayers equitably and with con- sistency. In fairness to use, we should be provided the same opportunity to beneR fit which you have so freely bestowed on S. W. Bell. We did not ask for a change of zoning for our property. We protested the change. Since the City has seen fir to overlootk our interests in favor of the interests of S.W. Bell, we request that the zoning change be uniform, andthat our property, Lot 10, Block 25, Collegeview 1st, be also designated "rezoned for townhouses and/or clusterhouses and/or parking". T trust that this petition for uniform, fair and equitable treatment will be favorably and promptly acted upon, and that no further action will be necessary in this matter. T look forward to hearing from you as soon as possible. Thank you in advance for your consideration and cooperation. Very truly yours, /s/ Miriam S. Banks Tsrael (Mrs. Julius M. Israel) The ~ollowis~g lettex was cc~pos~d and c1a.,rected. to the City Coirnnission: August 20, 1974 To the Honorable Mayor and 1~embers of the-City Commission City of West University Place,-Texas .Dear Commission Members: An application to rezone Lobs 2, ~ and 4, Block 4, Collegeview 3rd Addition, for townhouses and/ir clusterhouse was presented to the Zoning and Planning Commission at their regular meeting on August 13, 1974. We have a recommendation before you for use of this property as a visual park site. It is our opinion, according to your letter to us dated ,July 31, 1974, you have taken no action on our recommendaa tion for the use of this property, The owner, Mr. Mike C. Harris, stated to us at the August 13th meet ing that he had offered to sell this property to the city at his purchase price of $1.50 pex square foot, with no interest, for park purposes. Before we can consider the application from the propexty owner, we need a definite action ,from you concerning our recoirnnendation and request that this Fie an item on your agenda at the regular meeting of the City Commission, as w~e11 as other members, wi.11 attend this meeting. Xours very truly, /s/ E. Gene Hines for the Zoning and Planning Commission City of West University place, Texas CC Mr. Whitt Johnson, City Manager A letter from Mrs. Jane Whitaker (Oskouie) was presented to the Commission for their information: June 25, 1974 Mr. Gene Hines 3748 Rice Blvd. Houston, Texas 77005 Dear Gene: T would like to apologize for not taking amore active role in the recent round of zoning hearings. Lack of positive citizen partici~ paton must be one of the most discouraging situations facing those in public office. "' Tn the past few months T have returned to work full time and have been preoccupied. settling personal problems. Because of this situation and the time required for my two young children, I have had to set priorities and have not been able to pursue many of my previous interests and activities-the zoning issue being one of them. However, I would like to say to you and the other members of the Zoning and Planning Commission that you have done an excellent job throughout these hearings and in the preparation of a very compli- cated recommendation, T know that this has t~:ken a great deal of your tune and that you have been subjected to personal abuse. NIy warmest ,d,,, wishes and admiration to you and your associates for having the ~ endurance and dedication to continue to work toward positive solu- Q tions of the problems facing West University Place. '°~ G Sincerely, /s/ ,lame Whitake (Oskouie) 2705 Cason Houston, Texas 77005 Mr. Hines reported to the Commission that NIr, Davis Outred of the Urban Design Team, the firm employed by the City Commission to help in the writing of the ordinance to rezone certain properties, had telephoned him concerning a meet ing to get his ideas for the ordinance, i.e., setbacks, etc., but that he had informed him that he did not feel that he wished to be a part of any initiating meetings. Volume 4, Nwnber 3, of the Houston~Calveston Regional Transportation Study was presented to the Commission for their information and placed on file in the City Manager's office for reference, Notion by NIr. Dahlias, seconded by Mr. Lipscomb, that the public hearing to con- sider the application from Mr. H, H, Edwards to subdivide Lot 5, Block 27 West University Place 2nd Addition .6412 Sewanee be set for 7:30 p.m. at the next regular meeting of the Zoning and Planning Commission on September 10, 1974. and that the public hearing to consider the application from NIr. C. H. Atkins to rezone Lot 1 East 75'x 125' of Lot 2 West 75' x 1251 of Lot 2 South 125E of Lot 2 Block 93 West University Place 2nd Addition 3617 Bissonnet .fox townhouses and/'or clt~sterhouse be set for 8; 00' p,m, at the next regular meeting of the Zoning and planning Commission on September 10, 1974, and that the Preliminary Report of the Zoning and planning Commission be pre pared and filed in the City Secretary's office, The minutes of the regular meeting of the Zoning and planning Commission on Tuesday, July 9, 1974, were approved as sub9nitted, There being no further business to come before the Commission at this time, the meeting adjourned at 9:40 p,m, Secretary ATTEST^. y ~~ Secretary i _~ _1