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HomeMy WebLinkAbout10231969 ZPC Minutes REGULAR MEETING ZONING AND PLANNING COMMISSION OCTOBER 23, 1969 The Zoning and Planning Commission of the City of West University Place met in regular session at the City Hall, Thursday, Octber 23, 1969, 7:30 p.m., with the following members present: Chairman David Hannah, presiding; E. Gene Hines, R. C. Hilton, H. E. Lott and L. B. Bricker. City Attorney Charles Cockrell was also present. The Invocation was given by R. C. Hilton.. Mr. Hannah stated that because of the interest shown in the request of the West University Church of Christ to establish a Foster Home at 3406 Albans in the interest of time no other business would be on the agenda for this meeting. Mr. Hannah then introduced Miss Sarah Wesatke and Mrs. Katy Damon, representatives of the Southwest Argus. Mr. Hannah read the following letter dated August 26, 1869, signed by Mt. Trent meaders for the Elders of the West University Church of Christ, 3407 Bissonnet and addressed to Mr. David Hannah, Chairman, Zoning and Planning Commission, City of West University Place: August 26, 1969 Dear Mr. Hannah: We have been advised by Mr. Whitt Johnsor~o address a letter to you in connection with the property located at 3406 Albans (legally des- cribed as Lot Five (5), Block Ninety-One (91), West University Place Second Addition . The West University. Church of Christ has recently purchased this property, and we desire to use this residence as a home for foster children. The house would be occupied by a normal family, and would have, from time to time, foster children also living in the home as part of this family. The largest number of children that would ever be living in the home would be six, which would include any children belonging to the parents who live in the home. The children would be placed in the home throughthe Christian Child Help Foundation, a licensed agency supported by the Houston Area Churches of Christ. These children would be attending public schools and participating in activities, just as the children of any other family. We would appreciate your advising us of the next regular meeting of your Board, so that we might have a representative present to discuss this matter with you, and to learn what action the church needs to take to expedite matters. Thank you for your consideration of this request. Yours very truly, ~s~.Trent Meaders (Messrs. Trent Measders, Dr. James Howler, John Bruton, and Jack Castles, all members of the West University Church of Christ,. and as a committee representing said church, appeared before the Zoning and Planning Commission, September 11, 1969, requesting information as to procedure to follow to establish a foster home under the sponsorship of the West University Church of Christ. After their presentation, Mr. Hannah thanked the committee for appearing and ad- vised that the Commission would consider all information and advise by letter if any ~'. action was required from the Zoning and Planning Commission in respect to compliance with the single-family dwelling requirement of the Zoning Ordinance of the City of West University Place.) Mr. Trent Meaders, 8910 Stroud, addressed the meeting, stating they were not aware that the community would be at this meeting, and that when this project was under- taken they did not think they had a zoning problem and still did. not think so. He quoted the Zoning Ordinance definition of family as "A family is any number of indi- viduals living together as a single housekeeping unit.", and .said that is .exactly what they plan to do at this house. Mr. John Bruton, 5111 Humming bird, representing the West University Church of Christ made the following statement: I attend the West University. Church of Christ. Our ~" proposal was not to arouse anyone or make anyone overly concerned with what we plan ~ to do. We had in mind the establishment of a benevolent home to take care of home- ~ less children, 12 to 13 years of age who did not have familites but from some mis- ~ fortune needed help. There are several ways to do this. We selected the foster home. ~ We would approve a family that would live in this house along with their children and have up to six (6) children under their direction and make a home for them. This is no different from any of you who might have children or foster children of your own. We do not plan this for ar~rthing that is not acceptable to the neighborhood and that would not fit into the social area, or that we would see would be objectionalbe to the neighborhood or in violation of the Zoning Ordinane. Mr. Meaders has just read the Zoning Ordinance definition of a "family". We want to be good citizens and members of the community. Mr. C. F. McElhinney, 3407 Albans, speaking in behalf of a group of citizens who oppose the establishment of a foster home, made the following statement: October 23, 1969 Zoning and Planning Commission City of West University Place Gentlemen: I am Charles F. McElhinney and reside with Mrs. McElhinney at 3407 Albans Road. This statement is offered on behalf of ourselves and many of our neighbors on Albans Road. In late September, we were shocked to read in our neighborhood newspapaer that the West University Church of Christ had discussed with you a proposal to establish a foster home at 3406 Albans Road and possibly also including 3408 Albans Road. We immediately filed written objection with ..your Commi- sion and Iam sure that you have received similar letters and telephone communications not only from residents on Albans Road but from other parts of our City as well. Soon after our initial objections, representatives of the Church of Christ met with a few of us. As we understand their proposal, the church would move a husband and wife into the residence along with six children. The six children would include the couple; natural children, of any; the re- mainder would be assigned by the church, and an allowance would be made for theme support. We strongly oppose the proposal for the following reasons: (1) The proposed foster home or homes do not constitute single-family residence as commonly understood and as specified by our zoning restrictions.. Let us examine the proposal. First, a couple to be selected by the ,church would move into a residence, rent-free, to operate the facility. Notwithstanding possible regular employment else- where, this makes the family part-time employees of the church... They .have not moved in for normal residential purposes, but to operate a facility for the church. Next, children would be assigned to live with this family. This is not a "single-family" situation. Single families create their own children. Incidentally, it maw be noted that the residence under discussion has 3 bedrooms and a single full. bath upstairs. (There is a downstairs "powder room".) This would seem to re- quire 3 children in each of 2 bedrooms - more of an institutional than a home situation. Further it is contemplated that the church would make a cash allow- ance, or equivalent, to the supervising couple to defray the cost of food and other care for the foster children. This. is, in effect, running a boarding house. The fact that it may also be a welfare agency is immaterial. It is NOT single-family occupancy. (2) The proposed agencey is not needed in West Universit Place. There are no children in West University Place requiring the establishment of a foster-home. The proposal contemplates im- portin children from elsewhere and intruding a non-residential activity into a neighborhood of private homes. (3) It is not a necessary activity of the church. There are those who would suggest that the activities. of our churches are not subject to the same constraints which apply to others. Insofar as regular worship services are involved, we concede this principle. However, operation of a foster-home does not fall within this exemption. Some churches own office buildings, some own stores, some provide shelter for indigents; all are involved quite properly in some form of good works -- but this does not qualify the operation to be conducted in a restricted neighborhood. In summary, we submit that the establishment of a foster-home on Albans Road would constitute a clean and significant violation of restrictions requiring single-family residence, that there is no overriding public necessity in the City of West University Place which would call for exception to zoning re- restriction, and that the activity in question does not come within the common- ly accepted necessary functions of a church and merits no special considera- tion on religious grounds. The proposed facility would be a cancer introduced into the living fiber of our residential community. As with other cancers. it would-spread insidiously, weakening and ultimately destroying the protective zoning restrictions upon which all of us in the community have for so long relied. We call upon the church to abandon this unfortunate proposal. Should it be pursued we call upon our Zoning and Planning Commission and upon the Mayor :, and Commissioners to reject it and to preserve the strict single-family residence concept which has made this city `the attractive place to live which it now is. Respectfully submitted ~s~ C. F. McElhinney 3407 Albans Road cc: Mayor and Corrzmissioners City Manager City Attorney Representative of W. Univ. Church of Christ ~ Mr. McElhinney: There may be other citizens who would like to make some remarks at this time. ~ Vincent O'Brien, 2720 Quenby: It has been indicated .that they wish to use this V residence as a home for foster children and they indicate further it would be a normal family and that children would be placed in the house from time to time. They have not indicated what licensing agency (informed from committee that it is a State licensing agency.) The State of Texas, Department of Public Welfare, indicates the homes are called "agency boarding homes". They have labelled it a foster home wherein it would be a "agencyboarding home"; and I think 'this puts it in the boarding home classification in West University Place. There has been no indication if the house itself meets the minimum standard as required by State Licensing Agency. The Zoning Ordinance further defines "single-family dwelling" as "A detached building having accommodations for and occupied by only one family". The courts have held that a "family" must have a head of the house and he shall be the one who maintains care and control of occupants of-the house. The following are the minimum standards for "boarding homes": 1. The agency that places the children has the right to remove the children at its discretion and would make monetary contribution. 2. Maximum of 6 children under 14 years of age, but can there be children over 14 years of age? 3. Foster parents must be composed of a mother and father at least 21 and not over 70 years of age. 4. Foster parents shall have an income to maintain themselves without depend- ing on agency. There is no indication hereof the salary of the family. 5. Head of family shall have maintenance, care and control of all. living in house, exclusively. 6. They shall inform the agency when they want to take the children overnight or out of town. 7. When foster parents are gone over night or longer they must inform agency who will be in homes. 8. Visiting by child's relatives shall be arranged by agency. 9. Shall not be over-crowded living space, approximately 4,000 sq. ft. I am not sure this house will meet these requirements. Sufficient information should be given to the Zoning. and Planning Commission showing this house meets .the physical .standards of the State Welfare Agency. They say this will be a normal family. I have no axe to grind with children being brought into foster homes. The purpose of a foster home is taking children out of an unhealthy situation to put him ina temporary favorable situation until a permanent solution can be found for the child. This is not a normal situation or f ~.i family. The control is in the agency,. not by the parents who have custody. Said children would be going. to schools and engaged in normal activities. The agency requires that all children between the ages of 6 and 14 attend school. But children with physical disabilities may be placed in this home and they would be unable to attend school. We really do not have enough information to counter the request. I am just trying to give some information --,that this is an agency"boarding home" and that is directly opposed to single-family dwellings, where the head of the family has ex- clusive maintenance, care and control of home and persons in home. Thank you very much.. Vincent Froman, 6624 Brompton: I a;m a disinterested party. I thin an example like this of a body in our community trying to live up to christian principles and willing to support them with their monies should be encouraged to carry out that principle. The City of West. University Place is capable of controlling this situation. The restrictions could be amended to give these children a nor- mal home. I want to encourage this kind of unselfishness by an establishment. Our young people ask to see that. I think these people are trying to do this - give children a christian upbringing, and should be encouraged. Denton Kernodel, 3521 Nottin~han: I warrtto emphasis the point of the normal family. Bringing in a foreign element or children would not necessarily con- stitute an abnormal family. There are a lot of people here who have adopted children or habe foster children. I am saying this to bring out one point. We are trying to make a permanent home, although the age limit is 14, we hope to take children young enough to mold their christian principles and keep them through their formative years. If the children adjust right, as they have. in many other areas where the Church of Christ has foster homes, the child stays and grows up to become a normal human being. How close do you live to this situation? I live two blocks from this proposed home and my children can play with these children and I trust the situation we are attempting here. All state regulations will be met. We only have one bath room and we will add another. We will do all it needs to meet the requirements making a place to bring children and m.aking~ a home for them just like adopting children or bringing them into a normal home. I feel this is work of a church if there ever was to'"take care of widows .and orphans". Tom Massengill, 4116 Albans Rd: I am a member of the West University Church of Christ and a tax paying citizen of West University Place for 12 years. I am dis- appointed in the citizens of West University Place in not having faith of Elders to think we would do anything to deter property values in West University Place. We are doing every-thing to keep from it. We are able to take care of all the requirements of the State Welfare. We have budgeted to meet all requirements of the State. We will see to it for our own benefit as well as for the benefit of members of the congre-gation and community in which we worship that this home will be an asset to the community. John Dozier, 3737 Nottingham: I have lived at this address since 1949 and pre- vious to that at 2628 University since 1930. As a citizen I have appeared before this Board numbers of times against breaking of the Zoning Ordinance, that is the reason L built and. live out here. I do not. think that any of us as citizens of this community object to the principle of this church for have a foster home; I think we all believe in taking care of those unfortunate enough to need help. We have no objection. I belong to the St. Mark's Episcopal Church, and I could very ~~ well see that we could allow this home and my church-could also ask for the same thing, The West University-Baptist Church would want to do the same thing and then you would have several homes in West University Place. It is not as we commonly think of taking a foster child into a home. We could allow this with the hope it would not happen any other place, but human nature would not do this. The Rotarys, Lion, etc., may make requests for homes. Unfortunately, in the wrong places. I am opposed simply because it would be breaking of an ordi- nance. St. Mark's started to build and the City Council said no - the property was not zoned for church use. Eo we could not do it. I think we~should stand on the ordinance just as we have been through the years. and been so fortunate to have through the years. ~ Earline Taylor, 6117 Annapolis: I live about as far away from the Church of ~ Christ as you can get and still be in West University Place. I am not con- ~ cerned with the Church of Christ or Christianity or its ideas. I do not see ~-j the reason for bending our ordinance for a church institution. We had a college U student living with us this past summer and when_~I called to find out if she V could participate in the city activities, such as the swimming pool, I was told only if I was with her and she came as my guest. If we apply these restrictions to the citizens we certainly should apply them to anyone else who comes in. E. C. Noble, 3511 Albans Road: I am opposed to the foster home. Floyd Mur hy, 3515 Albans Road: I apologize for nay misuse of language, which may have offended any Jewish person or any other of any religious group. Obviously, what we feel and what we oppose is that there will be a sub-station orphanage at this address. You would have to have exactly the right person to be in charge.. of the children. You could have a situation which could be unfortunate. The oppos- tion is not to you, or you, but to a sub-station orphanage situation. C. F. McElhinney, 3407 Albans: I apoligize if I have given offense. I meant no offense to anyone. Mrs. Harold Adams, 2911 Wroxton: I have been before the Commission before to object. to breaking or bending the Zoning Ordinance. I must express m opinion. It is a business and therefore it would be against our ordinance and I~am opposed. John Goodrum, 3759 Albans Road: You talk of protecting property rights and property values. I wonder if anyone feels that ourproperty is protected, but are our people protected? I amn a member of the Church of Christ. L wish we could show as much enthusiasm for things we are for as for things we are against. Harrold Sellers, 3420 Albans Road: I think the points have been very adequately covered. The legal definition of whether or not this is a violation of the Zoning Ordinance is the problem. Whether it is religious or philanthropic - whether or not this is a single-family. If not, then it is not a one family home - it is a business. I would like to take offense that we would not be more concerned with the care of people than of our property values. I think I have the right to be concerned about my property values and my children who live there.. My church does work, too, but not in a restricted area. The ire and wrath has been stirred up. We believe in the motives, just not in this location. Mrs. Vincent Froman, 6624 Brompton: I would like to remind that the ordinance has been amended. r Mrs, D. W. West, 2812 Tangley: I believe when the Zoning Ordinance was amended - did we not have a vote? We adopted two children, and I am not .for this. Mrs, Boyce Foreman, 3503 Albans Road:. I have six children, and I am opposed to breaking the zoning. T. E. Trautwein, 350 Albans Road: I am opposed to the foster home. George Faison, 3726 Nottingham: Our community is not atypical community. We have 15,000 citizens and we are not typical. We are surrounded by a fast growing, fast moving metrolpolitan area and I think we should all keep this in mind. Ross Biggers, 3621 Sunset: I have lived here for over 30 years. The gentlemen of this church have stated they .would not do snything detrimental to the neighbor- hood, but I might consider it .detrimental for them to do and I am very much opposed. Vincent O'Brien, 2720 Quenb They say everything would be done to conform to all restrictions. The purpose should be the children and not what neighbors think and if they move. into West University Place therefore they will have to think of what the neighbors think. I think it would be ill advised for them. They should worry only about the children and not have them in an adverse atmosphere. Mr. Meaders: We would like to assure you we will furnish all information and will pay all state requirements. We appreciate your opinion, but where is the right place to raise kids? There being no one else desiring to make statements for or against the request, at this time Mr. Hannah opened the floor for questions. George Faison, 3726 Nottingham.: How many fam.liQs belong to your church? Ans• About 560. Mr. Faison: How many families reside in West University Place? Ans.: About 130, approximately 25f, Ques.: Why did you select this spot? Ans.: .The property at 3408 Albans which we are using for a parsonage we bought when it came on the market. The same was true of this property at 3406. It was available and we bought it. Ques.: What constitutes peropheral? Mr. Hannah: That is rather hard to define. Generally the outside area of a certain area. Ques.: Was there an amendment to the Zoning ordinance saying rooms or garage apartments could not be rented by citizens? Mr. Hannah: No. In some case, where garage apartments were built before the zoning ordinance, they may be rented. ~' Mr. John Bruton: We do not have any idea that we were attempting to break any ordinance, or lower any duly constituted reservations. We acted in good faith. Whether we establish a foster home, permit a preacher to live there or what .ever, we would not do anything that would damage the character of this community. Agencies control - the only way we have been told this property would not comply is that we do not now have afire extinguisher in the building. R. J. Eubanks, 3729 Sunset: Did the group of elders check it for this purpose before they bought it? Mr. Bruton: We had no intention of violating an ordinance. ~ Mr. Eubanks: Were you aware that we had zoning laws? ~ Mrs. Margaret Montgomery, 4117 Coleridge: Why did you want to put a foster home '""j here? V Mr. Bruton: We could see no violation. Mrs. Montgomery: Why don't you put it over there? (pointing) Where you own other property's Mr. Bruton: That is occupied by our pastor. Mrs. Montgomery: Don;t you own ten acres outside West University Place? Ans.: I wish we did. Mrs. Eubanks: Did you discuss in your meeting if you would have to see the Zoning and Planning Commission? Mr. Bruton: We did not anticipate any objection. Hugh Gutzrnan, 3003 Nottingham: I thought you said you bought it before you knew what you wanted to do with it. Mr. Bruton: For may years we have been looking for available property.. It became available and we bought it. Mrs. Viola Hodnett, 2624 Robinhood: Why did you buy it in the first place? Mr. Bruton: I will refer you to Mr. Jack Castles for that answer. Jack Castles, 2639 Belfontaine: We withdraw our request. We covet your good will and you will have no further fear. We are sorry we have troubled you and bed your pardon. Thank you and we are sorry we took your time. Mrs. McElhinney, 3407 Albans: We had the pleasure of meeting with these gentle- men and I want to say that they were very charming gentlemen and we appreciate very much ghat they have done and we thank you. The€~e being no further business to come before the Commissi motin duly made, seconded and carried the meeting adjourned Attest: ~~ Secretary at this time, upon