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HomeMy WebLinkAbout02081977 ZPC MinutesREGULAR MEETING ZONING AND'PLANNING COMMISSION FEBRUARY 8 1977 The Zoning and Planning Commission of the City of West University Place convened in regular session at the City Hall at 7:30 p.m. on Tuesday, February 8,.1977, with the following members present: Chairman Bartholomew, presiding; Members Dahlin, Norton, LaCook and Weatherby. The Chairman ascertained from the secretary that proper notice of the meeting had been posted on the bulletin board at the City Hall. three (3) days prior to the scheduled meeting. Preliminary and Final plans for the construction of townhouses were presented for consideration by Messrs. Perry Whitacre and Kevin Stuckey, representing Doyle Stuckey Homes, owner, on Lot 4, Block 2 West University .Place 1st Addition Northeast corner of Belmont and Bellaire Boulevard. The Commission was. advised that the applicants desired to construct eight (8) townhouses in traditional styling in keeping with architecture of single family dwelling in area with .the smallest unit containing 1,610 sq. ft. Attention was directed to the applicants to the location of the brick wall along the Belmont frontage and the Commission was advised that this-would be deleted from the plans. It was also pointed out that. the plans indicated the finished floor elevation. was 52' and the paving grade was also 52' making the curb higher than the grade of the .house.. The applicants were advised that it would be required that the finished floor be at least 6" higher than the curb. Considerable discussion was held pertaining to proposed driveways and placement of guest parking. There. was some doubt that parked vehicles and/or vehicles in garages could manuever a turn around in the space provided and that vehicles would be backing out of the driveways which would not be the most desirable situa- tion for the city or -the developer and especially in regard to the drive on the south end of the proposed construction near Bellaire Boulevard.. It was felt by members of the.. Commission that the dead end drive with four stacked parking areas is not an efficient and reasonable layout and that it is not a good example to set in the city. Motion by Mr. Dahlin, seconded by Mr. Weatherby, that action on the approval of the plans for construction of townhouses as presented on Lot 4, Block 2 West University Place 1st Addition be postponed for further study and testing of manueveribility of the driveway and parking areas. Voting Aye: A11 Voting No: None 1 Preliminary plans for the construction of townhouses were presented for consideration by Messrs. Scott Ziegler and Michael Cooper on Lots 14 and 16, Block 5 Virginia Court Addition Northwest corner of Rice Boulevard Kirby Drive. Messrs. Ziegler and Cooper have a contract to purchase the :above lots contingent on approval of plans. The Commission was .advised .that the four (4) townhouses would be oriented toward ~ Rice Bou evard and identified. with West University Place community and contain minimum In living area 1,618 sq. ft. O `~ Discussion included driveway and town around on the northside off Kirby Drive, ~ berming on the Kirby Drive side with fence to shield from :heavy. traffic on Kirby Q Drive, location of sidewalk in front of unit and offstreet parking in front of units for guest parking on Rice B©ulevard. Upon questioning, it was ascertained that the developers planned to use fire treated pine. They were advised this may not be allowed in this area because of fire zone limitations.. All members of the Commission complimented Messrs. Ziegler and Cooper on an imaginative and workable solution to a difficult site. Motion by Mr. La Cook, seconded 6y Mr. Dahlin, that preliminary plot plans for the construction of townhouses on Lots 14 and 16, Block 5 Virginia Court Addition Northwest corner of Rice Boulevard and Kirby Drive be approved as presented subject o approval of the City Commission for off-street parking on Rice Boulevard and recommended that plans as presented be approved by the City Commission. Voting Aye: Bartholomew Voting No: Norton Dahlin LaCook Weatherby An application from Doy D. Myers, owner of the south one-half of Lot 2, Block 40 West University Plaee 1st Addition 660 Block of Buffalo Speedway to subdivide this lot into two lots, each 50 ft. x 100 ft., each fronting on Buffalo Speedway, was presented for consideration. The application is signed by Doy D. Myers with the following supplement: .. "The owners of the north 1/2 of Lot 2, Block 40, West University Place, have .heretofore acknowledged their desire to effect such subdividing by accepting a deed which created an actual division of Lot 2. The present owners of the north 1/2 of Lot 2 have further evidenced their intention to consent to a division of this property by executing a deed of trust to Eugene Maier, which deed of trust. deals only with the north 1/2 of Lot 2, Block 40, West University Place." Attached to the original of this application are certified copies of: 1. A warranty deed from Doy D. Myers, et us to Eugene Maier conveying the north l/2 of Lot 2, Block 40, West University Place. 2. A warranty deed with Vendor's .Lien from Eugene Maier to Joseph A. Walter and wife., Nancy M. Walter, conveyinf the north 1/2 of Lot 2, Block 40, West University Place. 3. A Deed of -Trust from Joseph A. Walter and wife, .Nancy M. Walter to Eugene Maier, con- veying the north 1/2 of Lot 2, Block 40, West University Place. Owners of north 1/2 of Lot 2 are: Joseph Walter, et ux 6636 Buffalo Speedway Houston, Texas Telephone 668-5028 Also presented with the application was a surveyors plat of "south 1/2 of Lot 2, Block 40, West University Place Sec. One" with an acknowledgement on the back by Mr. Myers. Mr. Myers was present and represented by Mr. Albert Wingate., attorney. It was the contention of Mr. Wingate, in behalf of his client, that. the application as presented represents a proper application in accordance with-State Statutes which does .not specifically state that all owners of property .must make application for subdivision of a lot. The Chairman advised he had talked with the City Attorney and it was the opinion of the City Attorney that the requirements for owners of property to make applica- tion for. subdivision is in effect a rule of the Zoning and Planning Commission and, therefore., i is up to the Commission to interpret their own. rules and that if it is the desire of the Commission to accept this application it may do so and that it would be no further removed from legal action by any of the interested parties than it was before. A length discussion concerning State Statutes, Rules of Procedure of .the Zoning and Planning Commission and review of the history of request for subdivision of this lot by Mr. Myers and. subsequent sale of one-half of Lot 2, by Mr. Myers ensued. ~' During the discussion it was pointed out to the applicant that even though the application should be accepted as a proper application, it may or may not be accepted. for public hearing. That acceptance of an application for public hearing would be predicated on information presented as to any changes of conditions in the area affecting this lot since the original application was rejected. Mr. Myers was asked if in his opinion, what conditions. have occurred which makes the probability of the .request more likely to be approved now than when it was originally considered. Mr. Myers stated that this was the only place where there are only five lots which have not been subdivided, that when the application was. brought before ~, the body (Zoning and Planning Commission) improvements had been encroaching on the ~ neighbors's property .on the north side which was in the process: of being corrected, O that one of the neighbors made a big issue of that not being corrected to his satis- ~ faction, that was all the objections voiced by that neighbor as well .as the other ~ neighbors to the Board when it did not approve the subdivision, that when he finished (corrections) it complied with existing .ordinances. He also stated he remodeled the existing house and made it nice enough that the Civic Club felt it was a show place and used it on the cover of the WUP telephone directory published by them. He also stated that when he sold the north one-half to Mr. Maier he {Mr. Maier) told him that he would never do anything to interfere with his application when it was re-submitted to this Board. He (Mr. Meier) later. gave this property to his daughter and son-in-law. The Chairman stated that the application presented did not meet`the requirements of the Zoning and Planning Commission in that it did not have the signature of all owners of the property and a survey plat of the property with the application was. not a survey of Lot 2 (only the south one-half) and did not show existing structures on Lot 2. Motion by Mr. Weatherby, seconded by Mr. Dahlin, that the application to subdivide Lot 2, Block 40 West University Place 1st Addition into two lots, each 50 ft. x 100 ft., each fronting on Bufifalo Speedway, be rejected on grounds that application does not meet the requirements estab]ished by the Zoning and Planning_Commission and further that even though such requirements may be met and satisfied that does not mean that the Commission will necessarily re-hear a completed application unless it is demonstrated there has been some change in the situation to merit re-consideration. Voting Aye:. All U Voting. No: None The following copy of a fetter from-J. L. Parish to Dr. Haime S. Diamonon concerning Agreement to allow the construction of a townhouse wall on common property lines was presented to the Commission for their information: "Dr. Jaime S. Diamonon 707 St. Joseph Professional Bldg. Houston, Texas 77002 ~, Re: Property at 5612 Weslayan Dear Sir: Enclosed is an 11" x 17" print of the proposed site plan for a Townhouse Community in the City of West University Place. You will note the area shaded in "red" is your property at 5612. Weslayan Street. I have attempted to purchase this property from you or offered to enter into a joint venture agreement with you since August 8, 1975, and I'm still interested. However, at this time, I am seeking to arrange a mutually beneficial letter of agreement, whereby the construction of a townhouse common wall can be constructed on our common property line. We intend to begin construction sometime in May 19T7. This. letter of agreeement must be submitted to the City of West University Place Zoning and Planning Commission. As you know, both of these blocks represented on the drawing have been zoned to permit townhouses and there is absolutely no chance that commercial occupancy will be a1 lowed in the future. I have already presented .this proposed site plan to the Zoning and Planning Commission and received preliminary approval. The Commission prefers and wishes that townhouse development .be planned in a concerted organization block by block and not be built in an unorganized lot by lot haphazard manner. If you seem to find some reason .why this agreement to, construct a townhouse wall on our common property line, cannot be reached, I wil be forced by City Ordinance to move my townhouse wall five (5) feet off the common property line. Ownership of this adjacent townhouse will be retained and I shall compel you to follow the same restriction if and when a townhouse is ever contemplated on your. property. Needless to say, this would. not be efficient land use planning for medium. density housing. As an ARchitect, I can assure you, the estimated quality of both out townhouses would be impaired and the cost effectiveness of the four (40 hour fire rated common wall would be lost. I presently reside at 4007 Browning and intend to move into one of these townhouses. and hope to live_in West University for a long. time. This fact is .mentioned to let you know my interest in the community of West University are not short twrm. West University is a fine place to .live and I hope to contribute to .making it better.. Medium density housing (townhouses, rowhouses or clusterhouses) as a perimeter ring will act as a buffer zone and serve as a transitional environment to the seemingly uncontrolled growth and incompatible occupancy types allowed by the City of Houston, West University's tax base will be doubled by the .two homesteads where on presently .stands, and quadrupled by the increased evaluation of .the. new construction where before a degenerating house was being stagnated, because owners thought that commercial prospects might come forth. ~` Enclosed is an agreement for your. consideration. Subjecto to your .approval, please sign both copies and return one to my office. If additional information is needed, please do not hesitate to telephone. Yours very .truly, /s/ J. L. Parish, AIA JLP/md Enclosure cc: Mr. Gene Edwards Mr. 0. C. Bartholomew" ~'' 1.C~ The Chairman asked. that the members of the Commission give particular attention O to paragraph five in which Mr. Parish states "I have already presented this '"~ proposed site plan to the Zoning and Planning Commission and received preliminary ~ approval.." Although the Commission has had conversation with Mr. Parish con- Q cerning such .development; no preliminary plot plan .has been presented nor any plan officially .approved by the Zoning and Planning Commission. A brochure received by the Chairman from the Houston-Galveston Regional Trans- portation Study entitled "Recommended Priority Transportation Improvement Program, July 1975, Application for Recertification of Urban Transportation Planning Process" was presented to the Commission for information and filing for reference. The following Resolution expressing appreciation to Mr. f. Gene Hines for his ten years service as a member and Chairman of the Zoning and Planning Commission was presented to the Commission: WHEREAS, Mr. E. Gene Hines served as amember of the Zoning and Planning Commission for the City of West Univer ity Place, Texas, for ten years from January, 1966 until. May, 1975; and WHEREAS, Mr. E. Gene Hines .contributed his time, talents and energies to the accomplishment of the duties and responsibilities of the. Zoning and Planning Commission for ten years, often at great personal inconvenience and sacrifine; and WHEREAS, during the service of Mr. f. Gene Hines,. the Zoning and Planning Commission not only discharged its routine duties, but also performed a comprehensive study of the use of land, especially on the periphery of our City, formulated plans and policies, conducted public hearings, compiled a Final Report and made recommendations to the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE ZONING AND PLANNING COMMISION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the Zoning and Planning Commission hereby expresses appreciation to Mr. E. Gene Hines in recognition of his contributions to his community and to his fellow citizens through' his service an the Zoning and Planning Commission and deepest gratitude for his dedication, patience, ability, courtesy, objectivity and especially for his friendship. ~. . Section 2. That this Resolution be spread-upon the officialy minutes of the Zoning and Planning Commission and: that a true and correct copy be sign- ed by the Chairman and each member of the Zoning and Planning Commission and that a copy. be given to Mr. E. Gene Hines. ..DONE at West University Place, Harris County, Texas this 8th day of February, 1977. /s/ 0. C. Bartholomewm Chairman Roland E. Dahlin II Hardy _LaCook James E. Norton H. Allen Weatherby Minutes of the regular meeting of the Zoning and Planning Commission on Tuesday, January 11, 1977 were approved as submitted. With no further business to come before the Commission, upon .motion duly made, seconded and passed-.the meeting adjourned at 10:45 p.m. C airman 1