The URL can be used to link to this page

Home My WebLink About03031969 ZPC Minutes4~ PUBLIC HEARING CITY COMMISSION AND ZONING AND PLANNIlVG COMMISSION MARCx 3,; 1969 The City Commission of the City of West University Place and the Zoning and Planning Commission of the City of West University Place at 7:00 p.m., at the City Hall, for the purpose of holding a Public Hearing called for this date; with the following members present: Mayor pro-tem Homer Ramsey, presiding; Commissioners Neighbors, Proctor and Wallin, Zoning and Planning Commission members, .David Hannah, presiding; Members Bricker, Hilton, Hines and Lot. The City Attorney and City Manager were also present. Mayor pro-tem Ramsey stated that this public hearing was .being held jointly and ~ simultaneously by the City Commission and Zoning and Planning Commission for the ~ purpose of giving consideration. to rezoning the following property: C,p +-j Lots 9, 10 and ll, Block 3, Cunningham Terrace Addition ~ North .47 acres of Block 2, Cunninghatri Terrace Addition V South 60' of Block 2, Cunningham Terrace Addition Motion by Commissioner Proctor, seconded by Commissioner Wallin, that the public hearing called by the City Commission be opened. Voting Aye: All .Voting No: None Motion by Mr. .Hines, seconded by Mr. Hilton, that the public hearing called by the ~?oning and Planning Commission be opened. Voting Aye: All Voting No:. Mr. Ransey requested that Zoning and Planning Commission Chairman David Hannah explain the action taken by that Commission on the original application filed by Mr. Guy Robertson, Mr. Tom Wheat, and Mr. Sam Jett. Chairman Hannah stated. that on September 12, 1968 applications for rezoning of the property in question were received by the Zoning and Planning Commission from Mr. Guy Robertson, Mr. Tom Wheat, and Mr. Sam Jett. In an official meeting of the Zoning and Planning Commission on November 14, 1968 a decision was made to include the South 60' of Block 2, Cunningham Terrace Addition which is zoned for single-family residence, but is now being used as a parking .are by Special Exception of the Zoning Board of Adjustment, Appeal N0. 67-2 dated April 19, 1967, and accordingly a public hearing was called for 8:00 p.m., Thursday, December 13, 1968 to consider rezoning of all three properties. On November 18, 1968 the Zoning and Planning Commission filed it preliminary report with the City Commission; notice of the puulic hearing was mailed to all property owners within a 200; radius of the property on November 18, 1968, and proper legal notice was published in the Newslife section of the Houston Chronicle on November 20, 1968. Mayor pro-tem Ramsey then read the procedure to be followed in conducting this publich hearing requesting that those wishing to be heard please comply with the procedure. Mayor pro-tem Ramsey requested that City Attorney Charles F. Cockrell, Jr. deter- mine that all legal requirements in connection with the public &oearing had been fulfilled. 6~~' Mr. Cockrell was advised by Assistant City Secretary, Mrs. Lee Lockard, that proper legal notice had been published in the Houston Chronicle on November 20, 1868,-and that notices of the public hearing had been mailed to all pro- perty owners as determined by the current tax records of the city, within a 200' radius of the property in question, on November 18, 1968. Mr. Cockrell advised those in attendance that if they wished to be heard. either for or against the proposed rezoning, they should come forward and take the Oath as administered by Mayor pro-tem Homer Ramsey.. Mayor pro-tem Ramsey then administered the Oath to the following persons: Mr. Guy Robertson, owner of Lots 9, 10 and 11,, Block 3, Cunningham Terrace Mr. Tom Wheat, co-owner of North .47 acres of Block 2, Cunningham TErrace Mr. Jim .Russell, realtor Mr. and Mrs. Paul Berndt, 3807 Ruskin Mr. and Mrs. M. Allen Banks, 3408 Charleston, owners of 4003 Ruskin Mrs. Selma Lang, 3915 Ruskin Mr. Whitt Johnson, City Manager of the City of West University Place Mr. Earl Friday, 3818 Ruskin Mr. Guy Robertson, president of Pilgrim Equipment Company and owner of Lots 9, 10 and 11, Block 3, Cunningham Terrace Addition, stated that at the time the original application. was submitted to the Zoning and Planning Commission he presented architect's plans and specifications for improvements he planned to make on these lots, if rezoned, together with plans and specifications for Lots 4, 5 and 6, Block 7, Cunningham Terrac which are adjoining lots owned by Mr. Robertson and zoned for commercial usage. Mr. Paul Berndt, 3807 Ruskin, asked Mr. Robertson what assurance did property owners in the surrounding-area have that a lounge or other business not suit- able for a residential neighborhood would not be constructed on the property inasmuch as he had no lease agreements with future tenants. Mr. Robertson advised Mr. Berndt that he would be happy to sign a deed restriction prohibit- ing the construction of a lounge on the property. In answer to a question with regard to construction of a fence or screening device, Mr. Robertson stated that he had agreed to build any type or kind of fence considered reasonable by the City Manager, Mrs. Paul Berndt, 3807 Ruskin, then asked Mr. Johnson what he considered to be reasonable. Mr. Johnson advised Mrs. Berndt that a safe guard of residents of the area was the fact that the City Attorney and members of the City Commission would prepare an ordinance re- gulating construction on the property which would include the type, nature, and design of the fence to be built. Mrs. Selma Lang, 3915 Ruskin, stated that they had been advised in 1951 that the area was zoned for single-family residence and that she could not understand why Mr. Johnson changed his mind as to it ever being zoned otherwise. Mr. Johnson advised Mrs. Lang that many changes had been made during the past eighteen years - increased traffic - future paving of Stella Link and Weslayan - development of business in the immediate area - and a general change in the character of the surrounding property, bringing about a change of attitude to- ~. toward zoning of the property for purposes compatible. with that in the immediate area. Mr. Tom Wheat showed photographs of office buildings constructed on stilts with parking area below as the type construction he hoped to build in the .47 acres of Block 2, Cunningham Terrac if rezoned. Mr. M. Allen Banks, 3409 Charleston, stated that he owned the property located at 4003 Ruskin, and that he was opposed to any type construction on this property because of the traffic congestion and parking problems that would surely develop. Mr. Banks stated that residents of the area have problems created by employees of }~+ the Telephone Company and that additional commercial construction would only com- N pound these problems. f~ ~ Mr. Banks was advised that parking problem could be easily solved by the enforce- ment of an existing ordinance regulating parking and the provisions of the ordinance t~.at would be prepared creating a new zoning district if this area is zoned for commercial use and~or business or professional buildings. Mr. Berndt asked whether or not members of the City Commission had provided a copy of a petition filed by sixty-five (65) area residents with the Zoning and Planning Commission in protest of the proposed rezoning. Mr. Berndt was advised that their letter had been made a part of the official minutes of the Zoning and Planning Commission on Dec~~'r,er 12, 1968 and such minutes were pre- sented to the City Commission in regular session on December 23, 1968. Mr. Cockrell stated that inasmuch as there were no further questions or statements the public hearing could be closed and that the City Commission and Zoning and P~.anning Commission, if they felt they had sufficient information could take necessary action at this time or postpone action for further study. Motion by Commissioner Neighbors, seconded by Commissioner Wallin, that the"Public Hearing called by the City Commission be closed. Voting Aye: All Voting No: .None Motion by Mr. Bricker, seconded by Mr. Lott., that the public hearing called by the Zoning and Planning Commission be closed. Voting Aye: All Voting No: None Motion by Mr. Hines, seconded by Mr. Lott, that the Zoning and Planning. Commission reaffirms the recommendation contained in their report filed with the City Commission On January 27, 1969, that the Zoning Ordinance be amended to create a retail business district embracing Lots 9, 10 and 11, Block 3, Cunningham Terrace Addition and that action on rezoning the north .47 acres of Block 2, Cunningham Terrace Addition and the south 60' of Block 2, Cunningham Terrace Addition be withheld for further study. Voting Aye: All Voting No: None Motion by Commissioner Proctor, seconded by Commissioner Neighbors, that the City Attorney be instructed to prepare an ordinance to amend the Zoning Ordinance to create a retail business district on Lots 9, 10 and 11, Block 3, Cunningham Terrace Addition, together with the necessary fire district provisions; and that action on ~. rezoning the north .47 acres of Block 2, Cunningham Terrace Addition and the south 60' of Block 2, Cunningham Terrace Addition be withheld for further study. Voting Aye: All Voting No: None Upon motion duly made, seconded and carried by the City Commission and the Zoning and Planning Commission, the me. Attest: ecretary 1