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HomeMy WebLinkAbout022508 CC JPH with ZPC Min CITY OF WEST UNIVERSITY PLACE, TEXAS MINUTES FOR THE CITY COUNCIL SPECIAL AND REGULAR SESSION WITH THE ZONING AND PLANNING COMMISSION JOINT PUBLIC HEARINGS MONDAY, FEBRUARY 25, 2008 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. ATTENDANCE Mavor/Councilmembers: Mayor Kelly, Council Members Cohen, Guffey and Talianchich Councilmember absent: Fry Citv Staff: City Manager, City Attorney, Acting City Secretary, Assistant City Manager/Public Works Director, IT Manager, Parks and Recreation Director, and Police Chief Closed Executive Session was called to order by Mayor Kelly at 6:04 p.m. in accordance with Section 551.076 of the Texas Open Meeting Law. 1. Security at City Facilities. Matters related to security at City Facilities presented by Ken Walker, Police Chief. Adjournment of Closed Executive Session at 6:32 p.m. CALL TO ORDER: Mayor Kelly called the Regular Meeting to order at 6:39 p.m. in the Council Chambers. Pledge of Allegiance was led by Councilmember Michael Talianchich. Notice. The notice for this meeting was posted in accordance with the Texas Government Code, Chapter 551, on the 22nd day of February 2008 at 2:30 p.m. Citizens who wish to be heard. Gail Rosenthal, 2611 Cason, expressed displeasure after a door hanger promoting the City's recycling program was left on her door. Ms. Rosenthal is on the "Do Not Knock" list and does not want anything left on her door. She also stated she was out of town when the recycle door hanger was left and this could have been a sign to others that she was not home. Citizens who wish to address agenda items. Gail Rosenthal, 2611 Cason, spoke against having the City Secretary's position placed under the supervision of the City Manager. 2. Local Rabies Control Authority Designation. Matters related to designating the Animal Control Officer as the Local Rabies Control Authority presented by Debbie Scarcella. Motion: To designate the Position of the Animal Control Officer as the Local Rabies Control Authority Cohen Talianchich Made by: Seconded by: City Council Meeting, February 25, 2008 Action: Voting Aye: Voting Nay: 4-0 Mayor Kelly, Council members Cohen, Guffey and Talianchich None Regular Session suspended at 6:44 p.m. --------------------------------------------------------------------- --------------------------------------------------------------------- Mayor Kelly called the Joint Public Hearing before the City Council to order at 6:44 p,m, Zoning and Planning Commission Chairman, Steve Brown, explained the procedure for the Joint Public Hearing and called the meeting to order. Public Hearings were held before the Zoning and Planning Commission and the City Council of the City of West University Place, Texas. The purpose for the hearings was to provide an opportunity for parties in interest and citizens to be heard in relation to proposals to amend the City's Zoning Ordinance as Follows: (a) Mechanical Equipment in Rear Yards (b) Garages in Side Yards (c) Buildings in Rear Yards (d) Old Stock Housing (e) Definition of Structures (f) Driveways and Parking (g) Garages, Maneuvering Areas, etc. Members of the Zoning and Planning Commission present: Chairman Steve Brown, Vice Chairman Mac McManus, Chair members Dick Yehle, Alan Elkowitz, Selby Clark, Patrie Stafshede and Legal Counsel, Jim Dougherty, Notice. The notice for this meeting was posted in the City's newspaper on February 6th, 2008 and mailed to residents on or before the ninth day preceding the date of the hearing~ 3a ZPC Chairman Steve Brown called the public hearing on Mechanical Equipment in Rear Yards before the Commission to order. City Planner, Debbie Scarcella presented a summary on the proposed amendments. Members of the public were invited to ask questions or speak concerning the proposed amendments. 1. Becky Arnold, 3764 Arnold, spoke in favor of having mechanical equipment screened from sight. 2. Chuck Marshall, 4142 Riley, would like to add verbiage to include equipment located in side yards. He stated that equipment in side yards also need to be screened or covered due to noise and visibility issues. 2 City Council Meeting, February 25, 2008 3. John Stephens, 4209 Marquette, spoke in favor of this proposal and asks that sound also be controlled and measured at the fence line. There being no other persons wishing to speak, a motion was made by Commission Member Yehle, seconded by Commission Member McManus, to make all statements, exhibits and documents a part of the official record of this hearing and to close the public hearing, The motion passes unanimously, Motion made by Council to close the Joint Public Hearing Made by: Cohen Seconded by: Talianchich Action: Passed 4-0 Voting Aye: Mayor Kelly, Council members Cohen, Guffey and Talianchich Voting Nay: None 3b ZPC Chairman Steve Brown called the public hearing on Garages in Side Yards before the Commission to order. City Planner, Debbie Scarcella presented a summary on the proposed amendments. Members of the public were invited to ask questions or speak concerning the proposed amendments. There were no comments for this item. There being no persons wishing to speak, a motion was made by Commission Member Yehle, seconded by Commission Member McManus, to make all statements, exhibits and documents a part of the official record of this hearing and to close the public hearing. The motion passes unanimously. Motion made by Council to close the Joint Public Hearing Made by: Cohen Seconded by: Talianchich Action: Passed 4-0 Voting Aye: Mayor Kelly, Council members Cohen, Guffey and Talianchich Voting Nay: None 3c ZPC Chairman Steve Brown called the public hearing on Buildings in Rear Yards before the Commission to order. City Planner, Debbie Scarcella presented a summary on the proposed amendments. Members of the public were invited to ask questions or speak concerning the proposed amendments. Councilmember Talianchich questioned why there is the need to no longer allow eaves into the easement of back yards and believes this is a major change. He also objects that the wording for this issue is currently being interpreted to not allow an eave overhang. 1. Serpell Edwards, 3751 Rice Blvd, questions what will happen if and when he has to replace his garage. Does this new proposal apply to replacement? 3 City Council Meeting, February 25, 2008 2. Susan Ohsfeldt, 4101 Tennyson, asks if rebuilding has to adhere to this new requirement. There being no other persons wishing to speak, a motion was made by Commission Member Yehle, seconded by Commission Member McManus, to make all statements, exhibits and documents a part of the official record of this hearing and to close the public hearing. The motion passes unanimously. Motion made by Council to close the Joint Public Hearing Made by: Cohen Seconded by: Talianchich Action: Passed 4-0 Voting Aye: Mayor Kelly, Council members Cohen, Guffey and Talianchich Voting Nay: None 3d ZPC Chairman Steve Brown called the public hearing on Old Stock Housing before the Commission to order. City Planner, Debbie Scarcella presented a summary on the proposed amendments. Members of the public were invited to ask questions or speak concerning the proposed amendments. 1. Serpell Edwards, 3751 Rice, asked what the benefits are to have a home labeled as Old Stock Housing, what is it good for? 2. Bill Treadway, 4016 Amherst, said the definition needs more work to include homes that have retained some, or all, of the perimeter of the building. He stated that if most or all of the existing structure is still there, it needs to be included in the Old Stock Housing definition. Chairman Steve Brown commented that this is a good opportunity to let everyone know that we are very interested in what you all have to say in respect to each of these proposals and the Commission will certainly consider these comments if and or when these proposals are brought before the Council. The easiest way to get further questions and information to the Commission should be brought to the attention of the City Planner, Debbie Scarcella. 3. Joe Mitchell, 2826 Albans, asks what are we going to do with this Old Stock definition? Chairman Steve Brown said the general idea is to make it a little less hard for someone with an Old Stock home who wishes to preserve it to do so, There being no other persons wishing to speak, a motion was made by Commission Member Yehle, seconded by Commission Member McManus, to make all statements, exhibits and documents a part of the official record of this hearing and to close the public hearing. The motion passes unanimously, Motion made by Council to close the Joint Public Hearing Made by: Cohen Seconded by: Guffey Action: Passed 4-0 4 City Council Meeting, February 25, 2008 Voting Aye: Voting Nay: Mayor Kelly, Council members Cohen, Guffey and Talianchich None 3e ZPC Chairman Steve Brown called the public hearing on Definition of Structures before the Commission to order. City Planner, Debbie Scarcella presented a summary on the proposed amendments. Members of the public were invited to ask questions or speak concerning the proposed amendments. 1. Joe Mitchell, 2826 Albans, asks how the change of this proposal would affect new codes and that clarification is needed as to what this means. City Planner Debbie Scarcella commented that basically this proposal adds a section to address any object or design which houses a motor vehicle that is a canopy or something similar to a canopy, and explained that currently the definition is not clear and this proposal will allow addressing these type of structures. There being no other persons wishing to speak, a motion was made by Commission Member Yehle, seconded by Commission Member Stafshede, to make all statements, exhibits and documents a part of the official record of this hearing and to close the public hearing. The motion passes unanimously. Motion made by Council to close the Joint Public Hearing Made by: Cohen Seconded by: Talianchich Action: Passed 4-0 Voting Aye: Mayor Kelly, Council members Cohen, Guffey and Talianchich Voting Nay: None 3f ZPC Chairman Steve Brown called the public hearing on Driveways and Parking, before the Commission to order. City Planner, Debbie Scarcella presented a summary on the proposed amendments. Members of the public were invited to ask questions or speak concerning the proposed amendments. Councilmember Cohen questioned why we have to put in a provision for a minimum width of a driveway. Debbie Scarcell responded by saying some driveways are not pavement width and this does not accomplish the objective of being able to park vehicles on site. 1. Bill Treadway, 4016 Amherst, spoke against this proposal. "We are getting too far into property owners rights." 2. Glen Anslinger, 3902 Oberlin, asks if older homes will be grandfathered in. He stated that due to the construction of the new sidewalks his home is not in compliance. 5 City Council Meeting, February 25, 2008 3. Susan Ohsfeldt, 4101 Tennyson, spoke against this proposal commenting that when you consider how nalTOW these lots are, 18 feet is excessive. 4. Andrew Carter, 4202 Emory, stated that he has vehicles cUlTently blocking his driveway due to the installation of the sidewalks, Will I be liable for a ticket if I park or overhang onto the sidewalk? He said there is an intelTelationship with other items involved. Councilmember Cohen recognized that there is an interrelationship with the legalities involved with parking on the sidewalk. She said this will be a Council issue, City Manager Michael Ross clarified the current policy and approach from the Police Department is that if you cannot physically park your car between the garage and the sidewalk it is considered legally parked at this time. 5. John Dry, 12 Auburn Place, stated that this proposal will negatively affect older homes on corner lots and impact new construction on corner lots. He also commented that with this additional setback requirement it is going to make builders less likely to pay for propeIty that will have a limited backyard space, Councilmember Talianchich questioned if this will prevent or change the dog legging of the sidewalk to get to the 18feet requirement. Chairman Steve Brown said it would not. 6. Linda Day, 4245 Lehigh, asked if she had to replace the garage, would she have to take out a part of a wall in her home to accommodate enough space for this. 7. Les Albin, 3817 Southwestem, stated there is a need for some type of standard concerning this issue. 8. Serpell Edwards, 3751 Rice Blvd., disagreed with the 10 foot width and thinks it is too exceSSIve. 9. Gail Rosenthal, 2611 Cason, asked why is big brother telling us what to do and commented that the Zoning Board is going way overboard. 10. John Stephens, 4209 Marquette, spoke in favor of this proposal. 11. Linda Day, 4245 Lehigh, also spoke on the issue of sidewalks being dog legged and said this needs to be strongly looked at. Councilmember Michael Talianchich spoke against this proposal believing that builders and homeowners should make this decision for themselves. Councilmember Chuck Guffey believes that we need this type of proposal. He told of a new home being built where the people will not be able to park in the garage. Mayor Kelly said our zoning laws are very important. That is what separates the City of West University Place from others around us. He commented that if we leave it up to the buyer and the builder, we could have a project similar to the Ashby Tower project which is causing an impact on a residential neighborhood. Our zoning laws would put a mediating effect on a situation like this. 6 City Council Meeting, February 25, 2008 Commission member Selby Clark commented at this time we do not have a regulation and our intent is to encourage people to park off the street. 12. Andrew Carter, 4202 Emory, commented that when putting in the new sidewalks it would have been prudent to have all sides talking together and thinking ahead as to the construction location of the sidewalks to alleviate having dog legs and all these other issues we are now facing so the homeowners are not burdened, 13. Bill Treadway, 4016 Arnold, spoke of a particular realtor who had trouble selling a home on Northwestern due to the person not being able to negotiate the narrow driveway. 14. Les Albin, 3817 Southwestern, said the average tenure in a home is less than 3 years and the homes being built now are not homes just for a builder to sell and the first buyer to buy, these are homes that will be here for 40 or 50 years and whatever position the house is relative to the property line will likely be there for as long as that house is in existence. He commented this proposal needs to be thought out for the long term. There being no other persons wishing to speak, a motion was made by Commission Member Yehle, seconded by Commission Member McManus, to make all statements, exhibits and documents a part of the official record of this hearing and to close the public hearing. The motion passes unanimously. Motion made by Council to close the J oint Public Hearing Made by: Cohen Seconded by: Talianchich Action: Passed 4-0 Voting Aye: Mayor Kelly, Council members Cohen, Guffey and Talianchich Voting Nay: None 3g ZPC Chairman Steve Brown called the public hearing on Garages and maneuvering Areas, etc., before the Commission to order. City Planner, Debbie Scarcella presented a summary on the proposed amendments. Members of the public were invited to ask questions or speak concerning the proposed amendments. Councilmember Talianchich said this is a backdoor way to make the homes smaller and should be left up to the homeowner and builder and should not be legislated. City Manager Michael Ross said one of the struggles we have is the competing factors of parking on the street and trying to get emergency vehicles, solid waste vehicles and other large vehicles down the streets. The goal was to try and put something in place to help with these issues. 1. Bo Whiteford, 3210 Rosemary Park Lane, homebuilder in West U, spoke against this proposal. He stated that most of your standard garage doors are 16 feet for 2 cars and the 20 foot width is too wide and will take away living space to accommodate the garage. He stated that homeowner should have the choice and this proposal will take out usable living area of the house. 7 City Council Meeting, February 25, 2008 2. Bryan Kuzma, 6614 Weslayan, spoke against the requirement that call for 2 garage spaces. He agreed that you need 2 parking spaces but it doesn't have to be 2 garage spaces. 3. Linda Day, 4245 Lehigh, stated that she believes the extra space used for garages and maneuvering areas will cause more global issues if it entails taking out trees and putting in more concrete. She commented this would take away the green space and cause more drainage problems. Other comments were: Let's think long term. We are planning for Suburban vehicles and SUVs, and the price of gas is going up so the future may see smaller cars and we will not have to use huge areas for smaller vehicles. On another note, some of the older lots do not have room for garages, 4, Katherine Sweeney, 3822 University, commented that she believes the emphasis needs to be placed on alleviating street parking instead of this proposal. 5. John Dry, 12 Auburn Place, stated that he does not think there is a need for this proposal. He further stated that this is not a solution for getting cars off the streets. 6. Susan Ohsfeldt, 4101 Tennyson, spoke on having choices and not mandates. 7. Serpell Edwards, 3751 Rice, said he conducted a small poll before he came to the meeting and hardly anyone on his block parks their car in the garage. He stated that he thinks this rule is ridiculous. There being no other persons wishing to speak, a motion was made by Commission Member Yehle, seconded by Commission Member McManus, to make all statements, exhibits and documents a part of the official record of this hearing and to close the public hearing. The motion passed unanimously. Motion made by Council to close the Joint Public Hearing Made by: Cohen Seconded by: Talianchich Action: Passed 4-0 Voting Aye: Mayor Kelly, Council members Cohen, Guffey and Talianchich Voting Nay: None The Public Hearings were closed at 8: 37 p.m. --------------------------------------------------------------------- --------------------------------------------------------------------- Mayor Kelly resumed the Regular Meeting at 8:38 p.m. Chairman Steve Brown thanked everyone for coming and thanked all those who were responsible for helping make this Joint Public Hearing possible. 4. Administration Department. Matters related to the creation of new section of the Code of Ordinances related to the City Secretary. 8 City Council Meeting, February 25, 2008 Motion: Made by: Seconded by: Action: Voting Aye: Voting Nay: To Adopt Ordinance 1867 on the first reading Cohen Guffey 4-0 Mayor Kelly, Council members Cohen, and Guffey None 5. City Council minutes. Matters related to the minutes of the Regular and Special Session conducted February 11,2008, Motion: Made by: Seconded by: Action: Voting Aye: Voting Nay: To approve the minutes Cohen Talianchich Passed 4-0 Mayor Kelly, Council members Cohen, Guffey and Talianchich None Council Member Reports. None City Manager Report. The Master Planning for the Parks and Recreation Department met on Friday, February 22, 2008 and have plans to prepare a presentation for Council in March. Adjournment. Motion: Made by: Seconded by: Action: Voting Aye: Voting Nay: To adjourn the meeting at 8:40 p.rn, Cohen Talianchich Passed 4-0 Mayor Kelly, Council members Cohen, Guffey and Talianchich None These minutes are excerpts from the Council proceedings. A recording of the meeting is on file in the City Secretary's office. Prepared by: Gayle Schultz, Acting City Secretary Approved: <-j()cndJ to I ;)CO'V Date of Approval 9