HomeMy WebLinkAbout08272026 ZBA Agenda Item 4 West University Place Public Works Department
To: The Zoning Board of Adjustment
From: Chris Guess, Planning and Zoning Administrator
Date: August 27,2026
Re: Staff Report for Docket No. 2026-00017, 5320 Kirby Drive, West University Place, Texas, 77005
Applicant's Request:
The applicant requests approval of a variance from Appendix A—Zoning Ordinance, Article 8, Sec. 8-116.—
Various business Establishments,to exempt this development from the seven hundred fifty-foot(750')buffer
required for various business establishments.
Background Information:
The applicant seeks a variance from Appendix A—Zoning Ordinance, Article 8, Sec. 8-116.—Various
business Establishments. The applicant proposes to locate a business classified as a Precious Metal Dealer on
a site that would be within 750 feet of a residential use.
The applicant submits that literal interpretation would cause an unnecessary hardship on the property owner
and approving this variance preserves the spirit and purpose of Section 8-116. The applicant finds that the
characteristics of their boutique luxury jewelry store warrants a narrowly tailored variance that preserves the
spirit and purpose of Section 8-116.
Applicable Regulations:
• Ordinance No. 3112
• Chapter 54—Offenses and Miscellaneous Provisions,Article X.—Various Business Establishments,
Sec. 54-225. Definitions.
"Precious Metal Dealer means a retail establishment that primarily purchases coins or
secondhand items containing precious metals, including jewelry, watches, utensils,
candlesticks, and religious or decorative objects as additionally defined and detailed in
Chapter 1956, Subchapter B, Texas Occupations Code. This use is commonly referred to as a
gold exchange business."
• Chapter 1956, Subchapter B, Texas Occupations Code
o Sec. 1956.06131. Examination by commissioner(make a distinction of a"jewelry store")
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
West University Place Public Works Department
o Sec. 1956.051. Definitions. (defines "jewelry store")
Staff Analysis:
Staff reviewed the applicant's proposed business operations in relation to the definition of a Precious Metal
Dealer contained in Section 54-225 and the location requirements established by Section 8-116.
The applicant characterizes the proposed establishment as a boutique luxury jewelry business offering
showroom sales and private consultations. The applicant's materials also indicate that the establishment will
purchase jewelry, coins, bullion, precious metals, gemstones, and similar items from members of the public.
Section 54-225 defines a Precious Metal Dealer as a retail establishment that primarily purchases coins or
secondhand items containing precious metals, including jewelry and other specified items. The classification
of the proposed use therefore depends upon the nature of the establishment's business activities rather than its
branding, market positioning, or physical retail format.
The applicant asserts that the boutique nature of the establishment and its operational characteristics
distinguish it from other Precious Metal Dealers and warrant a narrowly tailored variance. Staff
acknowledges that these characteristics may distinguish the proposed establishment from other businesses
within the same use classification; however, Section 8-116 establishes its location requirements based upon
the classified use and does not distinguish among Precious Metal Dealers based upon branding, scale,
appointment practices, or market positioning.
Staff has not identified a unique physical condition of the subject property that would distinguish it from
similarly situated properties or demonstrate a property-based hardship resulting from application of the 750-
foot separation requirement. Whether the circumstances presented satisfy the findings required for issuance
of a variance is ultimately a determination of the ZBA based upon the evidence presented at the public
hearing.
Staff Recommendation:
Staff recommend denial of the variance request.
Staff finds that the 750-foot separation requirement established by Section 8-116 applies uniformly to
establishments meeting the applicable use classification. The applicant's characterization of the proposed
establishment as a boutique luxury concept does not, by itself, alter that classification or establish a basis for
relief from the applicable spacing requirement.
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
West University Place Public Works Department
Based upon the information submitted, staff has not identified a unique condition of the property that
distinguishes the site from similarly situated properties or demonstrates a hardship arising from the property
itself. Staff therefore finds that the application has not demonstrated sufficient grounds to support the
requested variance.
The Zoning Board of Adjustment may approve, deny, or approve with conditions the requested variance
based upon the evidence presented at the public hearing and the findings required by the Zoning Ordinance
and applicable state law.
Variance Request:
The ZBA may not issue or modify a variance unless all of the following circumstances are present:
(1) The ZBA has made all findings and determinations required by state law for the granting of a
variance. A "special condition" or"hardship" that is self-created,personal or based only on financial
reasons is not sufficient to support the issuance of a variance.
(2) The ZBA has made any additional findings and determinations required by a specific provision of
this section which relates to the variance.
(3) The variance has been reduced to writing and includes any conditions prescribed by the ZBA or
required by this section for the variance in question.
Attachments:
1. Notification Map
2. Neighborhood Notifications
3. Application
4. Applicant's Narrative
5. Ordinance No. 3112
6. Chapter 1956, Subchapter B, Texas Occupations Code
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
0, g uN,pfkS
City of West University Place
. . g APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
TEXAS
Address of site: 5320 Kirby Drive, Houston, Texas 77005
Legal description of the site: See Attached Legal Description
Applicant: University Shops Houston, L.P.
Address: 1834 Wroxton, Houston, Texas 77005
Contact: Stewart Baker Phone: (713) 254 - 5548 Fax: N/A Email:
stewart.baker@bremondco.corn;
Decision or Action Requested(check one or more and provide requested data): robert.t.croyie@gmail.com
( ) Appeal. Hear and decide an appeal from an order, requirement, decision or determination made
by the Administrative Official.
• Is the official's action in writing? ( ) Yes; ( )copy is attached. ( )No, but the action appealed is as follows:
• When was the action taken? Note: Appeals must be filed within a reasonable time. Please explain any
delay below:
• Exact zoning ordinance section(s) involved:
• Grounds for appeal:
( ) Special Exception.
• Exact zoning ordinance section that authorizes the special exception:
• Exact wording of special exception requested:
(Variance.
• Exact zoning ordinance section from which a variance is requested: City of West University Place Ordinance 3112 &
City of West University Place Zoning Ordinance Section 8-116
• Exact wording of variance requested: �`
See "Proposed Variance" attached. �Ecr;of 8-figc I. sevry J/GW,0Ar AFrt-(75 FreTBF
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Other Data. Are-therec0 drawings or other data? ( )No (V4'es(/ist items here and attach them)
Applicant's Brief in Support of Application for Variance is attached.
Attached. The applicant has read the State and City regulations attached.
Signature of applicant: '/f,�..r �--- Date: /t��/1o26 r�
For Staff Use only Date filed gyp'et,.e Date heard: 4t; -- `C`�l\Q Docket# 2. We '(Cr)
Form ZBA-102
0
Proposed Variance
.
.
Proposed Variance 410
Applicant requests a variance from the 750-foot location restriction contained in Section 8-116 of
the City of West University Place Zoning Ordinance solely as applied to approximately 901 square
feet of existing retail space located at 5318 Kirby Drive, Houston, Texas 77005 (the "Premises"),
within the University Shops Houston shopping center located at 5320 Kirby Drive,Houston,Texas
77005 (the "Subject Property").
The requested variance authorizes the use and occupancy of the Premises for the boutique luxury
jewelry retail operation described in the Application and the Project Narrative submitted in support
thereof, and approved by the Board based upon the record presented in this proceeding,
notwithstanding the 750-foot location restriction contained in Section 8-116.
Except for the relief expressly granted from the application of the 750-foot location restriction,the
approved use shall remain subject to all other applicable provisions of the West University Place
Code of Ordinances, including all permitting, licensing, inspection, operational, and enforcement
requirements applicable to Various Business Establishments.
.
BEFORE THE
ZONING BOARD OF ADJUSTMENT
CITY OF WEST UNIVERSITY PLACE,TEXAS
IN THE MATTER OF THE APPLICATION OF
UNIVERSITY SHOPS HOUSTON,L.P.
FORA VARIANCE FROM SECTION 8-116
OF THE CITY OF WEST UNIVERSITY PLACE ZONING ORDINANCE
REGARDING PROPERTY COMMONLY KNOWN As
University Shops
5320 Kirby Drive
City of West University Place,Texas
(Premises:5318 Kirby Drive)
APPLICANT'S BRIEF IN SUPPORT OF
APPLICATION FOR VARIANCE
Applicant
University Shops Houston,L.P.
Requested Relief
Variance from the 750-foot location restriction contained in Section 8-116 of the City of West
University Place Zoning Ordinance for the use described in the Application.
Hearing Date
August 27, 2026
t
QUESTION PRESENTED 1111
Whether the literal application of Section 8-116 of the City of West University Place Zoning
Ordinance ("Section 8-116") to the approximately 901-square-foot retail space located at 5318
Kirby Drive (the "Premises"), within a longstanding neighborhood shopping center commonly
known as University Shops and recognized by the City of West University Place ("West
University" of "City") as 5320 Kirby Drive (the "Subject Property"), creates an unnecessary
hardship warranting the granting of a narrowly tailored variance that preserves the spirit and
purpose of Section 8-116 and allows for the Premises to be used as a boutique luxury jewelry retail
operation by West U Jewelers.
SHORT ANSWER
Yes.This Application does not ask the Board to reconsider the City Council's legislative judgment,
invalidate West University Ordinance No. 3112 ("Ordinance 3112"), reinterpret Section 8-116, or
determine whether West U Jewelers has properly been classified as a regulated Various Business
Establishment. For purposes of this Application, those matters are accepted. The question before
the Board is considerably narrower: whether application of Section 8-116's 750-foot location
restriction to the Subject Property, under the unique circumstances presented, creates an
unnecessary hardship that warrants a narrowly tailored variance while preserving the spirit and
purposes of the ordinance.
The Subject Property is a longstanding neighborhood shopping center located within one of the
limited commercial districts in West University. West U Jewelers proposes to occupy an existing •
retail space within the Subject Property and operate as a boutique luxury jewelry store designed
specifically for this location. The requested variance is limited to the application of the 750-foot
location restriction to the Subject Property. West U Jewelers will remain subject to every other
applicable permitting, licensing, inspection, and operational requirement imposed by the City.
The hardship presented by this Application does not arise from Section 8-116 itself, but from the
interaction of the ordinance's 750-foot location restriction with the unique commercial geography
of West University as applied to the Subject Property. Because commercially zoned property
within the City is limited and generally located adjacent to residential neighborhoods,the practical
operation of Section 8-116 appears to leave little, if any, commercially zoned property available
for regulated uses absent variance relief. The resulting hardship is regulatory, property-specific,
and not self-created or merely financial in nature.
Granting the variance is not contrary to public interest, observes the spirit and purposes of the
ordinance, and will accomplish substantial justice. The requested relief is narrowly limited to the
application of the 750-foot location restriction to one existing retail space within the Subject
Property while preserving every other aspect of the City's regulatory framework.
•
University Shops Houston,L.P. Brief in Support of Page 2 of 14
Application for Variance
• I. THE SUBJECT PROPERTY
A. The Subject Property
The Subject Property is the longstanding neighborhood shopping center commonly known as
University Shops located at 5320 Kirby Drive,Houston,Texas 77005, and owned and operated by
University Shops Houston, L.P. ("USHLP"). The Subject Property is located within one of the
limited areas of West University Place zoned for commercial retail use. The requested variance
concerns 5318 Kirby Drive (the "Premises"), an approximately 901 square foot existing retail
space located within the Subject Property.
The Subject Property has operated for many years as an established neighborhood shopping center
serving the surrounding community. The requested variance does not involve new construction,
expansion of the shopping center,redevelopment of the Subject Property,or any physical alteration
of the Premises. Rather, it concerns only the occupancy of an existing retail space within the
Subject Property.
Figure 1
Subject Property Location
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B. Existing Retail Character
The Subject Property has.historically been occupied by neighborhood-serving commercial retail
businesses compatible wth the surrounding community. Existing tenants include Origin Bank,
Mattress Firm, and Relax the Back. The immediately adjacent retail building under common
ownership contains Top Fitness Store, JuiceLand, and Black Swan Yoga. Collectively, these
businesses establish the longstanding retail character of the Subject Property and demonstrate the
compatibility of commercial uses that have historically operated at this location.
That retail character has also been intentionally preserved through private leasing restrictions
• maintained by USHLP. Long before adoption of Ordinance 3112, leases for the Subject Property
University Shops Houston,L.P. Brief in Support of Page 3 of 14
Application for Variance
prohibited numerous uses commonly associated with incompatible retail environments, including •
betting parlors, card game rooms, adult bookstores, adult video stores, off-track betting facilities,
tattoo parlors, and specified massage establishments. Those longstanding restrictions reflect a
consistent effort to maintain a neighborhood-oriented shopping center compatible with
surrounding residential development.
Figure 2
Existing Tenant Mix
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C.West U Jewelers
West U Jewelers is a new boutique luxury jewelry concept created specifically for the Subject
Property.It is not the relocation of an existing retail jewelry store,but a new retail concept designed
to complement the established commercial character of the shopping center and surrounding
neighborhood.
West U Jewelers proposes to operate as a traditional retail jewelry store serving both walk-in
customers and scheduled appointments during customary retail business hours. Merchandise will
include fine jewelry, estate jewelry, engagement rings, certified loose diamonds, luxury watches,
and colored gemstones.In addition,West U Jewelers will purchase jewelry,coins,bullion,precious
metals, and gemstones from the public, while offering custom jewelry design through third-party
craftsmen and third-party financing. West U Jewelers will not sell coins or bullion and will not
engage in pawn lending, manufacturing,refining, smelting, engraving, or on-site jewelry repair.
The Project Narrative prepared by West U Jewelers is attached as Exhibit "A." The narrative
describes its concept as an elegant,professionally managed retail environment featuring a boutique
showroom, secure display areas, private consultation space, monitored security systems, and a
limited professional staff. All business activities will occur entirely indoors within the existing
•
University Shops Houston,L.P. Brief in Support of Page 4 of 14
Application for Variance
410 Premises during traditional retail business hours. A conceptual rendering of the finished West U
Jewelers space is included in the Project Narrative.
The proposed use preserves the longstanding commercial retail character of the Subject Property
while introducing no physical changes to the Premises and remaining fully subject to the City's
permitting, licensing, inspection, and operational requirements.
II. LEGISLATIVE PURPOSE OF SECTION 8-116
A. Legislative Background
Section 8-116 was adopted as part of Ordinance No. 3112 following a comprehensive legislative
review initiated by the City Council in late 2025. The City Council directed the Planning and
Zoning Commission ("ZPC") to evaluate existing regulations governing sexually oriented
businesses and to consider whether additional categories of businesses should be subject to
enhanced regulation because of their potential impact upon surrounding properties.
In response, the Planning and Zoning Commission conducted an extensive review of what it
identified as Various Business Establishments, including Precious Metal Dealers. That review
culminated in the Commission's Final Report recommending adoption of Ordinance 3112 together
with corresponding amendments to the West University's zoning regulations, including Section 8-
116. Those recommendations were subsequently adopted by the City Council through the
legislative process.
411 The legislative history provides useful context for understanding why Section 8-116 was adopted.
The ordinance itself,however,provides the most direct statement of its intended purpose.
B. Express Purpose of Section 8-116
Section 8-116 expressly states that its purpose is "to regulate the location of Various Business
Establishments in order to protect the public health, safety, and general welfare, and to minimize
adverse secondary impacts associated with the concentration and proximity of such uses." The
ordinance further provides that Section 8-116 is intended to be applied in a content-neutral manner
and "is not adopted for the purpose of suppressing or restricting lawful business activities." See
Exhibit`B": Section 8-116 and Ordinance 3112.
The preamble to Ordinance 3112 further explains that the amendments creating Section 8-116 were
intended to clarify and strengthen spacing requirements, establish consistent buffer distances,
regulate certain commercial uses,and promote compatibility with surrounding land uses,including
residential areas and public facilities.
Read together, these provisions distinguish between the purposes of Section 8-116 and the
regulatory means selected by the City Council to accomplish those purposes. Section 8-116
identifies the objectives to be achieved. Ordinance 3112 describes the regulatory framework
adopted to achieve them.
i
University Shops Houston,L.P. Brief in Support of Page 5 of 14
Application for Variance
C. Relevance to this Application •
This distinction is significant because this Application does not challenge either the purposes of
Section 8-116 or the City's authority to regulate Various Business Establishments.Throughout this
Application, USHLP accepts the City's legislative judgment and acknowledges the continuing
applicability of Ordinance 3112, including its permitting, licensing, inspection, and operational
requirements.
Accordingly, the issue presented is not whether Section 8-116 should exist or whether Various
Business Establishments may be regulated. Rather,the question is whether application of Section
8-116's 750-foot location restriction to the Subject Property, under the particular facts presented,
materially advances the purposes expressly identified by the City Council.
The variance process exists to answer precisely that question. It permits relief where the literal
application of a generally applicable zoning regulation to a particular property results in
unnecessary hardship while preserving the spirit and purposes of the ordinance. The remaining
sections of this brief therefore examine the practical operation of Section 8-116 and whether its
application to the Subject Property advances the purposes for which it was adopted.
III. OPERATION OF SECTION 8-116 WITHIN WEST UNIVERSITY
A. Commercial Geography of West University Place
West University is a predominantly residential municipality containing a relatively limited amount
of commercially zoned property.Rather than being dispersed throughout the City,commercial uses 1110
are concentrated within a small number of established commercial districts that generally adjoin
residential neighborhoods.The Subject Property is located within one of those commercial districts
and has long operated as an established neighborhood shopping center serving the surrounding
community.
Figure 3, below, illustrates the limited extent of commercially zoned property within West
University and its close relationship to surrounding residential areas. See also Exhibit"C": Maps
of West University's Commercially Zoned Property Showing Application of the 750-Foot
Separation Requirement.
•
University Shops Houston,L.P. Brief in Support of Page 6 of 14
Application for Variance
Figure 3
Commercially Zoned Property (Blue) Within West University Showing
Application of the 750-Foot Separation Requirement Established by Section 8-116.
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B. Operation of the 750-Foot Location Restriction
Section 8-116 prohibits regulated Various Business Establishments from locating within 750 feet
of specified protected land uses, including residential.When that separation requirement is applied
to the City's existing zoning pattern, the resulting coverage extends across all of the City's
commercially zoned property.
The City's zoning maps illustrate this relationship. As depicted in Figure 3, above, the 750-foot
separation distances completely overlap the City's limited commercial districts because those
districts generally adjoin residential neighborhoods.
C. Interaction Between Section 8-116 and the City's Commercial Geography
The complete overlap of the of West University's limited commercial districts by Section 8-116's
750-foot separation distance does not arise from any characteristic unique to the Subject Property.
Rather, it is the product of three independent factors:
1. West University contains a relatively limited amount of commercially zoned properties;
2. Those properties are located within commercial districts directly adjacent to residential
neighborhoods; and
•
University Shops Houston,L.P. Brief in Support of Page 7 of 14
Application for Variance
3. Section 8-116 establishes a uniform 750-foot location restriction applicable to uses •
regulated by Ordinance 3112.
The practical result of those three factors is a complete limitation on uses regulated by Ordinance
3112, as demonstrated in Figure 4,below.
Figure 4
Practical Effect of Section 8-116
Limited Commercial Land Area
Commercial Districts Adjacent to Residential Uses
Application of 8-116 750-Foot Location Restriction
Practical Result
Complete Limitation on Commercially Zoned Property
Available for Uses Regulated by Ordinance 3112
The maps accompanying this Application appear to indicate that,when these three conditions are
considered together, little, if any, commercially zoned property remains available for uses
regulated by Section 8-116 absent variance relief.Whether that practical result materially advances
the purposes for which Section 8-116 was adopted is addressed in the following sections. See
Exhibit"C".
IV.WEST U JEWELERS AND THE PURPOSES OF SECTION 8-116
Section 8-116 expressly states that its purpose is to protect the public health, safety, and general
welfare and to minimize adverse secondary impacts associated with the concentration and
proximity of regulated uses. The ordinance further provides that it is intended to be applied in a
content-neutral manner and not for the purpose of suppressing or restricting lawful business
activities.The operational characteristics of West U Jewelers should therefore be evaluated against
those stated purposes.
A. Protection of Public Health, Safety,and General Welfare
West U Jewelers will occupy an existing retail space within a long-established neighborhood
shopping center without altering the physical character or intensity of the Subject Property. The
proposed use introduces no new construction, no expansion of the shopping center, no outdoor
operations, and no manufacturing or industrial activity.All operations will occur indoors during
traditional retail business hours within a professionally managed retail environment.
West U Jewelers will remain fully subject to the City's permitting, licensing, inspection, security,
and operational requirements established by Ordinance 3112.Accordingly,the requested variance
University Shops Houston,L.P. Brief in Support of Page 8 of 14
Application for Variance
• does not diminish the City's continuing ability to regulate the proposed use in furtherance of the
public health, safety, and general welfare.
B. Minimization of Adverse Secondary Impacts Associated with Concentration and
Proximity
Section 8-116 identifies the minimization of adverse secondary impacts associated with the
concentration and proximity of regulated uses as one of its principal purposes. This language is
significant because it focuses not simply upon the existence of a regulated use, but upon the land-
use effects associated with the concentration and proximity of such uses. The relevant inquiry,
therefore, is whether granting the requested variance for this single existing retail space will create
or contribute to those conditions. It will not.
First,this Application concerns one existing retail space within one long-established neighborhood
shopping center. Granting the requested variance would authorize only a single occupancy at a
single location. Nothing in the record indicates that approval of this Application will result in the
concentration of regulated uses within the Subject Property or elsewhere within West University
Place.
Second,the Subject Property has historically operated as a neighborhood-oriented shopping center
whose tenant mix has been intentionally managed to promote compatibility with the surrounding
community.Existing tenants include Origin Bank,Mattress Firm and Relax the Back. Long before
adoption of Ordinance No. 3112, USHLP has historically implemented private lease restrictions
• prohibiting numerous uses commonly associated with incompatible retail environments, including
betting parlors, card game rooms, adult bookstores, adult video stores, off-track betting facilities,
tattoo parlors, and specified massage establishments. Those longstanding leasing practices reflect
a consistent commitment to maintaining a stable retail environment compatible with surrounding
residential development.
Third, the Project Narrative establishes that West U Jewelers has been specifically designed to
complement that existing retail environment. It will operate as a boutique luxury jewelry retailer
featuring an elegant showroom,private consultation areas,secure display areas,monitored security
systems, and limited professional staffing. Merchandise will consist primarily of fine jewelry,
estate jewelry, engagement rings, certified loose diamonds, luxury watches, and colored
gemstones. West U Jewelers will purchase jewelry, coins,bullion,precious metals, and gemstones
from the public but will not sell coins or bullion.It will not engage in pawn lending,manufacturing,
refining, smelting, engraving, or on-site jewelry repair. Its operations are intended to provide a
traditional retail shopping experience rather than a destination characterized by high-volume
purchasing activity or intensive commercial operations. See Exhibit"A".
Finally, West U Jewelers will remain subject to all permitting, licensing, inspection, security, and
operational requirements applicable to regulated Various Business Establishments. The requested
variance concerns only the application of Section 8-116's location restriction to this particular
property.
•
University Shops Houston,L.P. Brief in Support of Page 9 of 14
Application for Variance
Accordingly, the record does not indicate that granting the requested variance will create or •
contribute to the concentration and proximity conditions that Section 8-116 expressly identifies as
giving rise to the adverse secondary impacts the ordinance seeks to minimize.
C. Content-Neutral Application
Section 8-116 expressly provides that it is intended to be applied in a content-neutral manner.
Consistent with that directive, this Application should be evaluated according to the actual land-
use characteristics of the proposed use rather than solely by its regulatory classification.
The Project Narrative reflects that West U Jewelers has been intentionally designed as a boutique
luxury jewelry retailer whose operations are compatible with the established retail character of the
Subject Property. Its showroom design, customer service model, security measures, staffmg, and
operating hours describe the way the Premises will actually function and therefore provide the
appropriate basis for evaluating the requested variance.
D.Lawful Business Activities
Section 8-116 further provides that it was not adopted for the purpose of suppressing or restricting
lawful business activities. West U Jewelers does not seek exemption from the City's regulatory
framework and does not challenge the City's authority to regulate Various Business
Establishments.Rather, it seeks only relief from the application of the 750-foot location restriction
to one existing retail space under the unique circumstances presented by the Subject Property.
The record demonstrates that granting the requested variance preserves the City's regulatory •
framework while permitting an otherwise lawful retail use whose actual land-use characteristics
are compatible with the established commercial character of the Subject Property.
V.APPLICATION OF SECTION 8-116
A. The Proper Analytical Framework
The preceding sections establish the factual and legislative framework applicable to this
Application. They describe the Subject Property, the purposes for which Section 8-116 was
adopted,the way the ordinance operates within West University,and the operational characteristics
of West U Jewelers. The remaining question is whether application of Section 8-116's 750-foot
location restriction to the Subject Property materially advances the purposes expressly identified
by the City Council.
That question should be answered by reference to the ordinance itself. Section 8-116 states that its
purpose is to protect the public health, safety, and general welfare and to minimize adverse
secondary impacts associated with the concentration and proximity of regulated uses. The
ordinance further provides that it is intended to be applied in a content-neutral manner and not for
the purpose of suppressing or restricting lawful business activities. See Exhibit"B". Those stated
purposes provide the proper framework for evaluating the requested variance.
•
University Shops Houston,L.P. Brief in Support of Page 10 of 14
Application for Variance
41/ B.Application of Section 8-116 to the Subject Property
Application of Section 8-116 to the Subject Property produces a straightforward result. Because
West U Jewelers is administratively classified as a regulated Various Business Establishment,
specifically a Precious Metal Dealer, the 750-foot location restriction precludes occupancy of the
Premises absent variance relief. Considered together with the City's existing commercial
geography, that application prevents occupancy of an existing retail space within a long-
established neighborhood shopping center notwithstanding that West U Jewelers will remain fully
subject to the City's permitting, licensing, inspection, and operational requirements.
There is nothing to indicate that application of the location restriction to the Subject Property will
alter the existing commercial character of the shopping center, reduce any existing concentration
of regulated uses, or avoid demonstrated adverse secondary impacts associated with the
concentration and proximity of such uses. Instead, the principal effect of applying Section 8-116
to the Subject Property is to preclude occupancy of an existing retail space by a business whose
operational characteristics have been intentionally designed to complement the established retail
environment.
C. Effect of Applying Section 8-116 Under These Facts
The application of Section 8-116 to the Subject Property advances the ordinance's stated purposes
only to a limited extent, if at all.
. The requested variance concerns one existing retail space within one long-established shopping
center. It does not alter the physical characteristics of the Subject Property, increase the
concentration of regulated uses,diminish the City's continuing regulatory oversight,or change the
established relationship between the shopping center and the surrounding neighborhood. West U
Jewelers will remain subject to every permitting, licensing, inspection, security, and operational
requirement imposed by Ordinance 3112.
Under these circumstances,the principal consequence of applying the 750-foot location restriction
is to prevent occupancy of an existing retail space without a corresponding indication in the record
that doing so materially advances the purposes expressly identified in Section 8-116. This
conclusion does not question the validity of the ordinance or the legislative judgment reflected in
its adoption. Rather, it reflects the distinction between the existence of a generally applicable
zoning regulation and its application to a particular property under a particular set of facts.
Accordingly, the record demonstrates that this Application presents the type of exceptional
circumstance for which the City's variance process exists. Whether those facts satisfy the legal
standards governing the Board's authority to grant a variance is addressed in the following section.
VI. STANDARDS GOVERNING VARIANCE RELIEF
Section 11-102 of the West University Zoning Ordinance authorizes the Board to grant a variance
only upon the findings prescribed by Texas Local Government Code § 211.009 and the City's
Zoning Ordinance. The burden rests upon the applicant to establish those fmdings by substantial
evidence. The evidence presented in this Application satisfies each required fmding.
•
University Shops Houston,L.P. Brief in Support of Page 11 of 14
Application for Variance
A. Granting the Requested Variance Is Not Contrary to Public Interest .
West U Jewelers proposes to occupy an existing retail space within a long-established
neighborhood shopping center whose tenant mix has consistently reflected neighborhood-serving
commercial uses compatible with the surrounding community. The proposed use introduces no
physical alteration of the Subject Property,no expansion of commercial activity,and no operational
characteristics that materially alter the established retail character of the shopping center.
The requested variance likewise does not exempt West U Jewelers from the City's regulatory
oversight. West U Jewelers will remain subject to every applicable permitting, licensing,
inspection, security, and operational requirement imposed by Ordinance No. 3112.Accordingly,
granting the requested variance preserves the City's continuing authority to regulate the proposed
use in furtherance of public health, safety, and general welfare.
Granting the requested variance is not contrary to the public interest.
B.Due to Special Conditions,Literal Enforcement of Section 8-116 Results in an Unnecessary
Hardship
The evidence establishes that the unnecessary hardship presented by this Application results from
special conditions affecting the Subject Property rather than from the adoption of Section 8-116
itself. Those special conditions arise from the interaction of the ordinance's 750-foot location
restriction with the commercial geography of West University as applied to the Subject Property.
As discussed in Section III, West University contains a limited amount of commercially zoned •
property, and those commercial districts adjoin residential neighborhoods. When the 750-foot
location restriction is applied within that existing land-use pattern, the practical operation of
Section 8-116 appears to leave any commercially zoned property available for regulated uses
absent variance relief.
Those conditions were not created by USHLP, the Subject Property, or West U Jewelers. The
commercial zoning pattern predated Ordinance 3112, and the 750-foot location restriction was
subsequently superimposed upon that existing geography through legislative action.The resulting
hardship therefore arises from the interaction of independently existing conditions rather than from
any action taken by USHLP or West U Jewelers.
The hardship likewise is not merely financial.The evidence does not establish simply that USHLP
wishes to lease the Premises to a preferred tenant. Rather, it demonstrates that the practical
operation of Section 8-116, when applied to the Subject Property within the City's existing
commercial geography, substantially limits the ability to utilize an existing retail space for an
otherwise lawful retail use regulated by Ordinance 3112. That hardship is regulatory in nature,
peculiar to the Subject Property,and would exist regardless of the identity of the proposed occupant
if the proposed use were subject to Section 8-116.
Due to special conditions, literal enforcement of Section 8-116 results in unnecessary hardship
within the meaning of Texas Local Government Code § 211.009 and Section 11-102 of the West
University Zoning Ordinance.
•
University Shops Houston,L.P. Brief in Support of Page 12 of 14
Application for Variance
C. Granting the Requested Variance Observes the Spirit of the Ordinance
The evidence establishes that granting the requested variance observes the spirit of Section 8-116.
Throughout this Application, neither University Shops Houston, L.P. nor West U Jewelers
challenges the validity of Ordinance No. 3112 or the City's authority to regulate Various Business
Establishments. The requested relief is limited solely to the application of the 750-foot location
restriction to the Subject Property.
West U Jewelers will remain fully subject to the City's permitting, licensing, inspection, and
operational requirements. Granting the requested variance will neither create a concentration of
regulated uses nor alter the established commercial character of the Subject Property. Likewise,
the evidence does not indicate that granting the requested variance will undermine the ordinance's
stated objectives of protecting the public health, safety, and general welfare or minimizing adverse
secondary impacts associated with the concentration and proximity of regulated uses.
Accordingly, granting the requested variance observes both the spirit and the purposes of Section
8-116.
D. Granting the Requested Variance Accomplishes Substantial Justice
Granting the requested variance accomplishes substantial justice. The requested relief is narrowly
confined to one existing retail space within one established neighborhood shopping center. It
neither invalidates Section 8-116 nor creates an exemption from Ordinance 3112. Instead, it
• permits continued productive use of an existing commercial property while preserving the City's
comprehensive regulatory framework governing Various Business Establishments.
Conversely, denial of the requested variance would prevent occupancy of an existing retail space
under circumstances where the evidence demonstrates that application of the 750-foot location
restriction to the Subject Property does not materially advance the purposes for which Section 8-
116 was adopted. Granting the requested variance therefore preserves the City's legislative
objectives while avoiding the unnecessary hardship created by the ordinance's application to this
particular property.
The record therefore establishes that granting the requested variance accomplishes substantial
justice consistent with Texas Local Government Code § 211.009 and Section 11-102 of the West
University Zoning Ordinance.
VII. CONCLUSION
This Application establishes that the requested variance satisfies each of the findings required by
Texas Local Government Code § 211.009 and Section 11-102 of the West University Zoning
Ordinance. The record demonstrates that granting the requested variance is not contrary to the
public interest; that, due to special conditions, literal enforcement of Section 8-116 results in an
unnecessary hardship; that granting the requested variance observes the spirit of the ordinance;
and that granting the requested variance accomplishes substantial justice.
This Application does not seek to invalidate Ordinance 3112, challenge the City's legislative
judgment, or exempt West U Jewelers from the comprehensive permitting, licensing, inspection,
University Shops Houston,L.P. Brief in Support of Page 13 of 14
Application for Variance
and operational requirements established by the City.Rather, it seeks narrowly tailored relief from •
the application of Section 8-116's 750-foot location restriction to one existing retail space within
the Subject Property under a unique combination of geographic and regulatory circumstances.
The variance process exists because generally applicable zoning regulations cannot anticipate
every property or every factual circumstance. Here, the hardship does not arise from Section 8-
116 itself, but from the interaction of the ordinance's 750-foot location restriction with the
commercial geography of West University Place as applied to the Subject Property. Granting the
requested variance therefore preserves the City's legislative objectives while allowing the variance
process to function precisely as intended.
University Shops Houston, L.P. respectfully requests that the Zoning Board of Adjustment grant
the requested variance authorizing the use of the Premises consistent with West U Jewelers Project
Narrative,together with such other and further relief to which Applicant may be justly entitled.
Respectfully submitted,
ROBERT T O
5111 Patrick Henry t.
Bellaire,Texas 77401
TELEPHONE: (713)252-2041 411
EMAIL: robert.t.croyle@gmail.com
ATTORNEY FOR APPLICANT
UNIVERSITY SHOPS HOUSTON,L.P.
•
University Shops Houston,L.P. Brief in Support of Page 14 of 14
Application for Variance
•
EXHIBIT "A"
WEST U JEWELERS •
Project Narrative
5318 Kirby Drive
Houston,Texas 77005
Submitted by E&P Diamond Exchange LLC
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Executive Summary
E&P Diamond Exchange LLC proposes to establish West U Jewelers, a boutique luxury
jewelry store at 5318 Kirby Drive, Houston, Texas 77005. The store will offer fine
jewelry, estate jewelry, certified loose diamonds, luxury watches and professional
jewelry purchasing services in an elegant, secure and professionally managed
environment.
About the Applicant
E&P Diamond Exchange LLC currently operates Uptown Jewelry Buyer, an established
Houston jewelry business. The proposed West U Jewelers location is a new boutique
retail concept tailored for West University Place.
Website: https://www.uptownjewelrybuyer.com
Google Business Profile: https://maps.app.goo.gl/ZmtDmDr65B9jzfLi6?g_st=ic
Business Overview
Walk-ins will be welcome and appointments will also be available. Merchandise includes
fine jewelry, estate jewelry, engagement rings, loose diamonds, luxury watches and
colored gemstones. Services include retail sales,jewelry purchasing, buying coins and •
bullion, custom jewelry design through third-party craftsmen and third-party financing.
Business Philosophy
The business is centered on privacy, trust and a no-pressure customer experience. A
Private Client Consultation Office with frosted glass will provide a discreet setting for
evaluations and purchasing discussions.
Operations
Hours: Monday-Friday 10:00 AM-6:00 PM; Saturday 10:00 AM-4:00 PM; Sunday
Closed.
Employees: 2-3.
Two commercial safes, monitored alarm, surveillance cameras, secure showcases.
No pawn lending, no on-site repairs, engraving, manufacturing, refining or smelting.
Inventory Sources
Dealers &wholesalers 45%
Purchases from the public 25%
Estate acquisitions 15% •
• Auctions 10%
Trade-ins 5%
No consignment inventory anticipated.
Community Compatibility
All operations will occur indoors during traditional retail hours. The boutique showroom,
limited staffing and private consultation office are intended to complement the
surrounding businesses and provide a professional neighborhood jewelry store.
Conclusion
West U Jewelers combines boutique retail jewelry sales with professional jewelry
purchasing in a secure, elegant environment. E&P Diamond Exchange LLC respectfully
submits this narrative in support of the proposed use.
S
•
EXHIBIT "B"
•
•
•
City of West University Place
Harris County,Texas
ORDINANCE NO.3112
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS, AMENDING APPENDIX A, ZONING
ORDINANCE, BY PROVIDING FOR REVISIONS TO REGULATIONS
GOVERNING SEXUALLY ORIENTED BUSINESSES, INCLUDING
CLARIFICATION OF SPACING REQUIREMENTS AND PROTECTED USES;
BY ADDING NEW REGULATIONS GOVERNING VARIOUS BUSINESS
ESTABLISHMENTS, INCLUDING DEFINITIONS, PERMITTING
REQUIREMENTS, AND SPACING STANDARDS TO PROMOTE
COMPATIBILITY AND PREVENT OVERCONCENTRATION; BY PROVIDING
FOR THE ADOPTION OF CHAPTER 54, ARTICLE X—VARIOUS BUSINESS
ESTABLISHMENTS; FINDING THAT THE ZONING AMENDMENTS ARE
CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN; PROVIDING
FOR A PENALTY UP TO $2,000.00 PER DAY FOR VIOLATION OF THE
• ZONING ORDINANCE; AND CONTAINING OTHER FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT.
WHEREAS,the City Council and the Zoning and Planning Commission ("Z&PC") of the City
of West University Place,Texas ("City") held a joint public hearing on May 4, 2026 regarding
proposed amendments to the City's Code of Ordinances and Zoning Ordinance relating to
Sexually Oriented Businesses and Various Business Establishments; and
WHEREAS,the Z&PC reviewed the proposed amendments, received public comments,and
considered matters relating to land use compatibility, spacing requirements, and the
regulation of certain commercial uses associated with potential secondary impacts; and
WHEREAS, the Z&PC, after consideration of the public comments and applicable
regulations, adopted a final report recommending amendments to Appendix A — Zoning
Ordinance,Article 8, including Section 8-108 (Sexually Oriented Businesses)and Section 8-
116 (Various Business Establishments), and the adoption of Chapter 54, Article X—Various
Business Establishments,which the Z&PC has submitted to the City Council; and
WHEREAS, the proposed amendments are intended to clarify and strengthen spacing
requirements,establish consistent buffer distances, regulate certain commercial uses,and
•
Page 1 of 8
promote compatibility with surrounding land uses, including residential areas and public •
facilities; and
WHEREAS, the City Council has considered the final report of the Z&PC, the
recommendations of City staff, and the City's Comprehensive Plan, and finds that the
proposed amendments are consistent with the Comprehensive Plan and serve to protect the
public health, safety, and general welfare; and
WHEREAS, all notices, hearings, and procedures relating to the adoption of these
amendments, as required by law, the City Charter, and applicable ordinances, have been
duly given, held, and followed, and the City Council has jurisdiction to adopt these
amendments;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE,TEXAS,THAT:
Section 1, Preamble. The facts and matters set forth in the preamble of this
Ordinance are found to be true and correct and incorporated herein for all purposes.
Section 2 Zoning Amendment — Article 8, Section 8-108. Appendix A, Zoning
Ordinance, is amended by adding the underlined or removing the struckthrough below:
"Section 8-108.—Sexually Oriented Businesses. •
(a) Spacing. Notwithstanding any other provision of this ordinance to the contrary, a
"regulated establishment" (as defined in-the e&ection 541. Article Ill. Sexual
Oriented Oriented Business of the Code of Ordinances relating to sexually oriented
businesses) may not be located:
(1) within 750 feet of any school, church, youth athletic facility, park. municipal
wilding,Of licensed day care center,Qs_residential use,within the City,which
facilities are hereby found and determined to be inconsistent with the
operation of a regulated establishment; or
(2) within-2roia 750 feet of any other such regulated establishment for which there
is a permit.
(b) Measurement. Measurements for the foregoing distance regulations shall be
made in a straight line, without regard to intervening structures or objects, from
the nearest point on the property line of the building site where the regulated
establishment is located to the nearest point on the property line of the building
site occupied by the other facility or establishment.
(c) Other Provisions.The provisions of this Ordinance and the provisions of the Code
of Ordinances relating to sexually oriented businesses shall both be applied to
Page 2 of 8 410
• regulated establishments, and said provisions of the Code are adopted,
confirmed and made a part of this Ordinance by this reference."
Section 3. Zoning Amendment — Article 8, Section 8-116, Various Business
Establishments.Appendix A,Zoning Ordinance, is created by adding below:
"Section 8-116.—Various Business Establishments.
(a) Purpose and intent.The purpose of this section is to regulate the location of Various
Business Establishments in order to protect the public health, safety, and general
welfare, and to minimize adverse secondary impacts associated with the
concentration and proximity of such uses. This section is intended to be applied in a
content-neutral manner and is not adopted for the purpose of suppressing or
restricting lawful business activities.
(b) Applicability.This section applies to all Various Business Establishments,as defined
in Article X, Various Business Establishments, Chapter 54, of the City's Code of
Ordinances, as amended,whether now existing or hereafter established.
(c) Location restrictions. No Various Business Establishments shall be located within:
(1) Seven hundred fifty (750) feet of any school, church, youth athletic facility,
park, municipal building, licensed day care center, or residential use, within
the City; or
(2) Seven hundred fifty (750) feet of another Various Business Establishment of
• the same type.
(d) Measurement of distance. For purposes of this section, distance shall be measured
in a straight line, without regard to intervening structures, from the nearest point on
the property line of the building site on which the proposed Various Business
Establishment is located to the nearest point on the property line of the building site
on which the protected use or other Various Business Establishment is located.
(e) Existing uses. Any Various Business Establishment lawfully existing on the
effective date of this section that does not conform to the location requirements
herein shall be deemed a legal nonconforming use and may continue to operate,
subject to all other applicable laws and regulations.
(f) Expansion or relocation. A nonconforming Various Business Establishment shall
not be expanded, enlarged, or relocated in a manner that increases its degree of
nonconformity with this section.
(g) Separation from multiple uses. For purposes of this section, a Various Business
Establishment shall be required to comply independently with all spacing
requirements,regardless of whether the protected uses or other Various Business
Establishments are located on the same tract or on separate tracts.
(h) No waiver by permit. Compliance with this section shall be required in addition to
any permit or registration required under Chapter 54, Article X, and no permit or
registration shall be construed as waiving the location requirements of this
section."
•
Page 3 of 8
Section 4. Ordinance Amendment - Chapter 54, Article X - Various Business 411
Establishments. Chapter 54, Article X - Various Business Establishments, is created by
adding or amending the following
"Chapter 54-Offenses and Miscellaneous Provisions
Article X.-Various Business Establishments
Sec.54-225. Definitions.
As used in this article,the following words shall have the meanings herein ascribed,
unless the context clearly indicates otherwise:
Bail Bond Service means a business establishment that makes available to the
public undertakings of bait in connection with judicial proceedings as additionally
defined and detailed in Chapter 1704,Texas Occupations Code.
Credit Access Business shall have the meaning and be regulated pursuant to Article
VII-Credit Access Businesses,Chapter 54-Offenses and Miscellaneous Provisions.
Headshop means any retail establishment open to the public that presents,
displays, or offers for sale paraphernalia, items, equipment, or products commonly
used, intended to be used, or commonly known to be used, for the ingestion,
inhalation, preparation, or injection of illegal substances as additionally defined and
detailed in the Texas Controlled Substances Act (Chapter 481, Texas Health and
Safety Code).This includes any device fabricated,constructed,altered, adjusted, or •
marked for the smoking or ingestion of marijuana, hashish, cocaine,
methamphetamine, any other controlled substance, synthetic controlled
substance,or any substance that mimics the effect of THC, notwithstandingthat the
device may also be capable of lawful use for another purpose.
Massage Establishment means a place of business in which massage therapy is
practiced by a massage therapist licensed by the State of Texas as additionally
defined and detailed in Chapter 455,Texas Occupations Code. For purposes of this
article, massage therapy means the manipulation of soft tissue for therapeutic
purposes and includes, but is not limited to, effleurage (stroking), petrissage
(kneading),tapotement(percussion), compression vibration,friction, nerve strokes,
and Swedish gymnastics,whether performed by hand or by mechanical or electrical
apparatus. Massage therapy may include the use of oils, heat lamps, hot or cold
packs, tub showers, or cabinet baths. The terms therapy and therapeutic do not
include diagnosis, the treatment of illness or disease, or any service for which a
license to practice medicine, chropractic, physical therapy, or podiatry is required
by law.
Poker Club means a private, for-profit business located in a building or place that
provides facilities for live Poker Games conducted at one or more Poker Gaming
Tables.
Page 4 of 8 •
Poker Club Operator means an individual who operates a cash register, cash
drawer, or other depository on the premises of a Poker Club, or who maintains
financial records generated from the operation of a Poker Club.
Poker Club Owner means a person who:
(1)Has an ownership interest in or receives profits from a Poker Club;
(2)Is a partner,director,or officer of a business entity that has an ownership interest
in a Poker Club; or
(3) Is a shareholder holding more than ten percent of the outstanding shares of a
business entity that has an ownership interest in a Poker Club.
Poker Game means a card game that meets the requirements of the affirmative
defense to gambling established in Chapter 47,Texas Penal Code, in which:
(1)A member physically present places a wager based on the ranking of cards held;
(2) Each participant has an opportunity to benefit from personal winnings; and
(3)Except for skill or luck,the risks of losing and chances of winning are the same for
all participants.
Poker Gaming Table means a recreational table at which members of a Poker Club
participate in a live Poker Game. The term does not include video, electronic,
mechanical, or online poker devices.
• Precious Metal Dealer means a retail establishment that primarily purchases coins
or secondhand items containing precious metals, including jewelry, watches,
utensils, candlesticks, and religious or decorative objects as additionally defined
and detailed in Chapter 1956, Subchapter B, Texas Occupations Code. This use is
commonly referred to as a gold exchange business.
Smoke Shop means a retail establishment that primarily sells tobacco-related
products and accessories and does not meet the definition of a headshop. Examples
include cigar shops and retail tobacco stores.
Tattoo Shop means a business that places designs, letters, figures, symbols, or
other marks upon or under the skin of a person using ink or other substances,
resulting in permanent coloration by means of needles or similar instruments
designed to puncture the skin as additionally defined and detailed in Chapter 146,
Texas Health and Safety Code.
Various Business Establishment means any Bail Bond Service, Headshop,
Massage Establishment, Poker Club, Precious Metal Dealer, Smoke Shop, or Tattoo
Shop as defined in this Article. Credit Access Businesses are excluded from this
definition and are regulated separately pursuant to Chapter 54,Article VII.
Operator means the individual principally responsible for the day-to-day
management of a Various Business Establishment.
411
Page S of 8
Owner means any person or entity holding a legal or equitable ownership interest in •
a Various Business Establishment.
Permit means a current, valid permit or certificate of registration issued by the city
pursuant to this or any other article of the City's Code of Ordinances.
Sec. 54-226.-Remedial and supplemental effect.
(a) The provisions of this article are remedial and shall apply to all Various Business
Establishments now existing or hereafter established.
(b) The provisions of this article are supplemental and cumulative of all other
applicable ordinances and state laws.
Sec.54-227.-Permit required.
(a) It shalt be unlawful for any person to own,operate,manage,or conduct a Various
Business Establishment without first obtaining a valid permit issued by the city.
(b) A separate permit or registration shall be required for each physically separate
location.
(c) The permit or registration shall be conspicuously displayed on the premises at all
times.
Sec. 54-228.-Permit requirements.
(a) An applicant shall submit, in addition to their permit, an addendum which shall
include at minimum:
1. Legal name,trade name, and contact information of the applicant;
2. Street address of the business location;
3. Names and addresses of all owners and operators;
4. Copies of all required state licenses or certifications;
5. A current,valid certificate of occupancy for the premises;
6. Payment of all applicable non-refundable fees.
(b) The applicant shall notify the city within 45 days of any material change to the
addendum information.
Sec. 54-229.-Issuance;term; nontransferability.
(a) Upon receipt of a complete application and verification of compliance, the city
shall issue the permit.
(b) Each permit shall expire one year from the date of issuance unless renewed.
(c)Permits are nontransferable and valid only for the approved location and operator.
Sec.54-230.-Inspections.
Page 6 of 8 •
(a) The City Manager or designee may conduct inspections during regular business
hours or at other reasonable times to ensure compliance with this article.
(b) Refusal to permit inspection shall constitute grounds for suspension or
revocation of the permit.
Sec.54-231.-Location and spacing restrictions.
The provisions on location and density are established in Article 8, Additional
Regulations, of the City's Zoning provisions, as amended.
Sec.54-232.-Additional provisions for massage establishments.
(a)All massage therapists shall maintain a valid state license.
(b)Permits for massage establishments are location-specific and nontransferable.
(c) Any violation of city ordinances or state law may result in revocation by the City
Manager or designee.
Sec.54-233.-Suspension;revocation.
The city may suspend or revoke a permit upon finding that the operator or owner:
(a) Violated any provision of this article;
(b) Operated without a required state license;
(c) Refused inspection;or
• (d) Provided false or misleading application information.
Sec. 54=234.-Violations; penalty.
(a)A person who violates this article commits an offense.
(b) Each day a violation occurs constitutes a separate offense.
(c)An offense is punishable by a fine not to exceed$500.00.
(d)No culpable mental state is required.
Sec.54-235.-Appeals.
Any person aggrieved by a decision under this article may appeal in accordance with
procedures established by city ordinance."
Section 5.Comprehensive Plan.City council finds that the Zoning Amendments are
consistent with the City's comprehensive plan.
Section 6. Penalty.Aviolation of this ordinance shall be a Class C misdemeanor,and
the penalty for violating this ordinance shall be a fine not exceeding Two Thousand and
No/100 Dollars($2,000.00)for each offense.Each continuing day's violation shall constitute
a separate offense.
O
Page 7of8
Section 7..Savings/Repealing Provision.All ordinances and parts of ordinances in r
conflict with this ordinance are repealed to the extent of the conflict only.
Section 8. Severability. If any provision of this ordinance shall be held to be invalid
or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance
shall continue in fullforce and effectthe same as if such invalid or unconstitutional provision
had never been a part hereof.
Section 9.Effective Date..This ordinance takes effect immediately upon its passage
and adoption on second reading and the publication of the caption, as required by the City
Charter and state law.
PASSED,APPROVED AND ADOPTED ON FIRST READING on they, day of
94A/11.- , 2026.
PASSED,APPROVED AND ADOPTED ON SECOND READING,AND SIGNED, on
thiAday of Ier••..i ..► , 2026. •
Attest: i t,:
Ami
City Secre ry(Seal) Mayor
Recommended: -• /4/"'"
City Manager
Approved as to form:
Olson&Olson, LLP, City Attorney
Page 8 of 8 •
EXHIBIT "C"
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1/PaCity of West University Place has attempted to verify the accuracy of the information contained in theO City of
following map at the time of publication.The City of West University Place assumes no liability for any
errors,omissions,or inaccuracies in the information provided regardless of how caused.This
product is for informational purposes and may not have been prepared for or be suitable for West Universit3,7
legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and
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Legend
City of West University Place
Map Produced by: Chris Guess Residential/School
Date Produced: March 23, 2026 Parcels
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•
Disclaimer:
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following map at the time of publication.The City of West University Place assumes no liability for any ��TTf� ` • I
errors,omissions,or inaccuracies in the information provided regardless of how caused.This
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SL -SET RCN ROD WEL.WATER I SEMEN Gg]ADIT • •PROPERTY CORNER
W ILE.MAMOIPAL UNITY EASEMENT WA.-WOODEN POST EL.PECTIPC EASEMENT —1I— •CNNN LINK FENCE
U.E- I UTAITY EASEMENT V.P.Y.P..METAL POST P.C..POINT OF RYATURE 8.PROPERTY LIME
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O E.-MNNAGE EASEMENT P.O.C..POINT OF COIYENCNO P.R.C..PONT OF REVERSE CURVATURE -EASEMENT UK
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STYSE.STORY SEVER EASEMENT SL.BUILDING DING UNE PP..POSERPOLE
ELF..WATER UNE EASEMENT FRO.-POND U.T.S..UNABLE TO SET 8.BUILDING-� .NOT TO SCNE BRS.BEARS SRN"..-SEAMED FOR,NOT FOUR WAIL
. SCALE
1"=40'
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(50' R.O.W.)
•
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ALBANS STREET
(50' RAO,W.)
Reviewed&Accepted by:__ Date / Date_-
LEGAL DESCRIPTION
NOTES:
-BEARING BASIS:PUT ALL OF LOTS 8, 9 AND 10, IN BLOCK 1, IN KRENZLER COURTS, AN ADDITION IN
-SUBJECT TO ANY AND ALL RECORDED AND HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 28,
-SURVEYOR HAS NOTTIINDEPENDENTLY ABSTRACTED PAGE 41, OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS, AND BEING MORE
PROPERTY PARTICULARLY DESCRIBED AS ATTACHED
-UNDERGROUND Y INSTALLATIONS,
UNDERGROUND IMPRROVEOVEMENTS,FOUNDATIONS
AND/OR OTHER UNDERGROUND STRUCTURES WERE ADDRESS
NOT LOCATED BY THIS SURVEY
-THIS SURVEY IS CERTIFIED FOR THIS UNIVERSITY SHOPS HOUSTON 5320 KIRBY DRIVE
TRANSACTION ONLY,R IS NOT TRANSFERABLE TO
ADDTIONAL INSTITUTIONS OR SUBSEQUENT OWNERS
-SUBJECT TO ZONING AND BUILDING ORDINANCES
DIFO-THI�RVVEEY�COA"ItE D WITHOUTI THE -- JOB # 2201135
BENEFIT OF A TITLE REPORT/COMMITMENT, ' CIF
ADDITIONAL BUILDING SETBACK UNE%EASEMENTS . TA.
OR RIGHTS-OF-WAY MAY APPLY - •%S i•.--/-'1 DATE 1-24-2022
I(OR WL�,-BY ING THE'REVIEWED AND BF7 0 E OWNERS)OF 1HE PPPRROPERIY Ay*�0 "0�9LJt`
6 REPRESENTED ON THIS SURVEY AND MORE FULLY %, CF# N/A
DESCRIBED BY METES AND BOUNDS(PACE 2)HAVE A TOBY 'AUL Co CHMAN >
BEEN ADVISED THAT THIS PROPERTY MAY BE �••• ... •••• ••/ PRO-BURN
SUBJECT TO THE PLATTING LAWS OF THE STATE OF
TEXAS;LOCAL GOVERNMENT CODE TIRE 7. ' •••., • j.,:. •',NY P.O. BOX 1366,FRIENDSW000,TX 77549
SUBCHAPTER
OF LAND USE;CHAPTER 212, T /••.f PHONE: 281-996-1113 FAX: 261-998-0112
SUBCHAPTER A.SEC 212.004. (PLAT REQUIRED) ♦ Q ..............�
BEFORE ANY PERMITS FOR DEVELOPMENT OF \-a ` N RJ i EMAIL' orderBOProaurv.net
SUBJECT PROPERTY MAY BE OBTAINED FROM LOCAL T.B.P.E.LS. FIRM i10119300
GOVERNMENTAL AGENCIES.
ONLY SUIRTEY MAPS W1H THE SURVEYOR'S ptlGWU1
-PAGE 1 OF 2 I DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SIGNATURE ARE GENUINE TRUE AND CORRECT COPES
GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON(OR ON ATTACHED OF TEE SURVEYORS CRNENAL MEEK ND OPINION
SHEET),AND THERE ARE NO ENCROACHMENTS EXCEPT AS SHOWN,AND WAS
DONE BY ME OR UNDER MY SUPERVISION. 0 2022 PRO-SURV-ALL RIGHTS RESERVED
• SURVEY AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally appeared Stewart A.
Baker and wife, Julia L. Baker, who upon oath swears that the following statements are true:
1. That they are the owners of the following described real property in Harris
County, Texas:
All of Lots 8, 9, and 10, in Block 1, in Krenzler Courts an addition in Harris
County, Texas, according to the map thereof recorded in Volume 8, Page 1, of the
Map Records of Harris County,Texas, and being more particularly described by
metes and bounds in Exhibit "A" attached hereto and made a part hereof.
2. That they are familiar with that certain survey prepared by Don Denson,
Registered Professional Land Surveyor, RPLS No. 2068, dated March 18, 1996,
on the above described property.
• 3. That they are familiar with the above described property and to their knowledge
there have been no changes in the lines of the property and that no buildings or
any type of improvements have been placed on the property described on said
land, there have been no changes to any easements located on said property, and
no buildings have been constructed on adjoining premises since date of said
survey.
4. That to their knowledge the real property described above conforms in all
particulars with the sate of facts shown in the aforementioned survey.
Accordingly, if the aforementioned survey was revised to current date, no material
changes would be reflected thereon.
This affidavit is made to induce CHICAGO TITLE INSURANCE COMPANY—
COMMERCIAL to issue a policy of title insurance covering the above described premises
without requiring a currently dated survey to be submitted.
111\1Executed this the u day of , 2013.
EWART A. BAKER
• JULI L. BAKER
SUBSCRIBED AND SWORN TO before me on this " day of
� w, r , 2013 by Stewart A, Baker and wife, Julia L. Baker.
♦ L
•
1
•
EXHIBIT"A*
1
1
•
All of Lots 8, 9, and 10, in Block 1, in Krenzler
Courts, an addition in Harris County, Texas, according to
nap thereof recorded in Volume 28, Page 41, of the Map
Records of Harris County, Texas, and being more
particularly described by metes and bounds as follows'
BEGINNING at a point at the intersection of the South line
of Wroxton Street with the West line of Kirby Drive, same
point also being the Northeast corner of Lot 8, Block 1,
Krenzler Courts;
THENCE South with the West line of Kirby Drive and the East
line of Lots 8, 9, and 10, Block 1, Krenzler Courts, 210.00
feet to the west line of Kirby Drive, and being the
southeast corner of Lot 10, Block 1, Krenzler Courts;
THENCE South 89'54' West with the North line of Albans
Street and the South line of Lot 10, Block 1, Krenzler
Courts, 181.00 feet to a point at the Southwest corner of
said Lot 10;
THENCE NORTH with the West line of Lots 10, 9, end 8, Block
1, Krenzler Courts, 210.00 feet to a point on the South
line of Wroxton Street and being the Northwest corner of
Lot 8, Block 1, Krenzler Courts;
THENCE NORTH 89' 54' 00' with the South line of Wroxton
Street and the North line of Lot 8, Block 1, Krenzler
• Courts, 181.00 feet to the PLACE OP BEGINNING
and together with all of Grantors' rights, titles and interests
if any, in and to all rights-of-way, streets, easements,
contiguous tracts of land and privileges.
THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND
THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE
HAS COUNTERSIGNED BELOW.
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE
ekRANTY COMPA
We, STEWART TITLE GUARANTY CO Y, will issue 1=S�' itle insurance policy or policies (the Policy)
to You (the proposed insured) upon paymen * ale p Premiu t d other charges due, and compliance with the
requirements in Schedule B and Schedule k -`Our •); ill;be.in the form approved by the Texas
Department of Insurance at the date o t•r s e yo;, interest in the land described in
Schedule A. The estimated premi foe =t �% ± �(� "en•cs'sements is shown on Schedule D.
� , p n A ..tee=` + ted It-liveryexpenses.
There may be additional charges su r•as !fit 4 P
This Commitment ends ninety (9 .A da°. *1:4 s ,, lae, it less the Policy is issued sooner, or
failure to issue the Policy is our fault ° e d •��• o ,r are under the express terms of this
Commitment and end when this Comr . +• "' r � 47,
In witness whereof, the Company ham' eJt'.%-` t' i,�, » _- signed and sealed as of the effective
• date of commitment as shown in Sch 'ule J full e •°come valid and binding only when
countersigned by an authorized signato
STLE
;xit'ANX
fi.-4141 elOrfri(70'
" President
Chairman o the Board
Countersigned by:
" 1908 o
•*•
Tf...
AutizEINA.
athRTITLE COMPANY '
Coit'JSTON, TEXAS scmorry b,i„ai r
City,State
• GF NO. 96109723
i,
I �
585 Rev.1-1-93
CONDITIONS AND STIPULATIONS •
1. If you have actual knowledge of any matter which may affect the title or mortgage
covered by this Commitment, that is not shown in Schedule B, you must notify us in
writing. If you do not notify us in writing, our liability to you is ended or reduced to the
extent that your failure to notify us affects our liability. If you do notify us, or we learn of
such matter, we may amend Schedule B, but we will not be relieved of liability already
incurred.
2. Our liability is only to you, and others who are included in the definition of Insured in the
Policy to be issued. Our liability is only for actual loss incurred in your reliance on this
Commitment to comply with its requirements or to acquire the interest in the land. Our
liability is limited to the amount shown in Schedule A of this commitment and will be
subject to the following terms of the Policy: Insuring Provisions, Conditions and
Stipulations, and Exclusions.
All notices required to be given the Company and any statement in writing required to be
furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252.
STEWART TITLE
GUARANTY COMPANY
FORM: Commitment for Title Insurance Form Prescribed by Texas Department of Insurance (Rev. 1/1/93)
SCHEDULE A
• GF No.or File No. Effective Date of Commitment:
96109723 March 12, 1996 at 8:00 a.m.
Closer: MARY T. RITCHIE Issued: March 19, 1996 at 8:00 a.m.
(713) 625-8702
1. The Policy or Polioles to be issued are:
(a) OWNER POUCY OF TITLE INSURANCE(Form T-1)
(Not applicable for improved one-to-four family residential real estate)
Policy Amount:
PROPOSED INSURED:
(b)TEXAS RESIDENTIAL OWNER POUCY OF TITLE INSURANCE
—ONE-TO-FOUR FAMILY RESIDENCES (Form T-1R)
Policy Amount:
PROPOSED INSURED:
(c)MORTGAGEE POLICY OF TITLE INSURANCE(Form T-2)
Policy Amount: $1,300,000.00
PROPOSED INSURED: STANDARD INSURANCE COMPANY
Proposed Borrower: STEWART A. BAKER and JULIA L. BAKER
i (d) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13)
Binder Amount:
PROPOSED INSURED:
Proposed Borrower:
(a) OTHER
Policy Amount:
PROPOSED INSURED:
2. The interest in the land covered by this Commitment is:
FEE SIMPLE
3. Record title to the lend on the Effective Date appears to be vested in:
STEWART A. BAKER AND WIFE, JULIA C. LOUIS
4. Legal description of land:
Lot 8, 9 and 10, in Block One (1) of Krenzler Court, an
addition in Harris County, Texas according to the map or plat
thereof recorded in Volume 28, Page 41 of the Map Records of
Harris County, Texas.
•
FORM: Commitment for Title Insurance Fong Prescribed by Texas Department of Insurance (Rev. 1/1/93)
GF No. 96109723
SCHEDULE B
EXCEPTIONS FROM COVERAGE •
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs,
attorney's fees, and expenses resulting from:
1. The following restrictive covenants of record itemized below (We must either insert specific recording
data or delete this exception.):
Restrictive Covenants as set out in Volume 28, Page 41 of the
Map Records and Volume 2913, Page 18 of the Deed Records of
Harris County, Texas.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protru-
sions or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any of any spouse of any insured.
(Applies to the Owner Policy only.)
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corpora-
tions, governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams,
lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any govern-
ment, or
c. to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of
access to that area or easement along and across that area.
(Applies to the Owner Policy only.) •
5. Standby fees, taxes and assessments by any taxing authority for the year 1996, and subsequent
year, and subsequent taxes and assessments by any taxing authority for prior years due to change in
land usage or ownership.
6. The terms and conditions of the documents creating your interest in the land.
7. Materials furnished or labor performed in connection with planned construction before signing and
delivering the lien document described in Schedule A, if the land is part of the homestead of the
owner. (Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be
deleted if satisfactory evidence to us before a binder is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured
mortgage. (Applies to Mortgagee Policy only.)
9. The following matters and all terms of the documents creating or offering evidence of the matters
(We must insert matters or delete this exception.):
10. Rights of parties in possession. (Owner Title Policy only)
11. An easement or alley 20 feet wide along the rear property line
for the use of public utilities as reflected by the recorded
plat in Volume 2913, Page 18 of the Deed Records of Harris
County, Texas.
12. Sanitary sewer line easement within the rear portion of subject
property as reflected by revised map dated April 27, 1959 from
the City of West University Place. Surveyor should verify
actual location of said sewer line.
13 . Subject to any easements, rights—of—way, roadways,
encroachments, etc. , which a survey or physical inspection of •
the premises might disclose.
Continued on next page
GF. No. 96109723
Attached to and made art of Stewart Title Guaranty ?any
Commitment for Title Insurance
111 SCHEDULE B CONTINUED:
14. Subject to that certain Ordinance filed NOVEMBER 12, 1964 by
the City of HOUSTON in Volume 4984, Page 463 of the Deed
Records which established Building Lines along and for Kirby.
15. Subject to that certain Ordinance filed JULY 8, 1966 by the
City of HOUSTON in Volume 6422, Page 181 of the Deed Records
which established right of way Lines along and for Kirby.
16. Building Set Back Line 30 feet in width along the East property
line (as to all lots) and 25 feet in width along the South
property (as to lot 10) and 25 feet in width along the North
property line (as to lot 8) and 20 feet in width along the West
property line (as to all lots) as reflected by the recorded
plat.
17. Rights of tenants and assigns, as tenants only, under currently
effective lease agreements including but not limited to Clerk's
File Nos. F-503313, F-829395, L-506902, L-506903 , L-506904,
L-506905, L-506906 and L-744334 of the Real Property Records of
Harris County, Texas.
18. Subject to agreements not to encumber in favor of Union Bank of
Houston as set forth in instrument recorded under Clerk's File
No. J-467906 and assigned to Park National Bank of Houston by
instrument recorded under Clerk's File No. K-379902 of the Real
Property Records of Harris County, Texas.
•
FORM: Commitment for Title Insurance Form Prescribed by Texas Department of Insurance (Rev. 1/1/93)
GF No. 96109723 �--
SCHEDULE C
Your Policy will not cover loss, costs, attorneys fees, and expenses resulting from the following require-
ments that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to
1110
our satisfaction, before the date the Policy is issued:
1. Documents creating your title or interest must be approved by us and must be signed, notarized and
filed for record.
2. Satisfactory evidence must be provided that:
- no person occupying the land claims any interest In that land against the persons named in
paragraph 3 of Schedule A,
- all standby fees, taxes, assessments and charges against the property have been paid,
- all improvements or repairs to the property are completed and accepted by the owner, and that all
contractors, sub-contractors, laborers and suppliers have been fully paid, and that no mechanic's,
laborer's or materialmen's liens have attached to the property,
- there is legal right of access to and from the land,
- (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the
validity and priority of the insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or interest.
4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is
filed after the effective date of this Commitment.
5. Note: Procedural Rule P-27 as provided for in Article 9.39 A of
•
the Texas Insurance Code requires that "Good Funds" be received
and deposited before a Title Agent may disburse from its Trust
Fund Account.
6. Deed of Trust dated JANUARY 12, 1988 recorded under Clerk's
File No. L-506900 and refiled under L-521450, L-541552 and
L-549164 of the Real Property Records, executed by STEWART A.
BAKER AND JULIA LOUIS BAKER in favor of JAX COWDEN, Trustee,
securing the payment of one note in the principal amount of
$1,000,000.00 bearing interest and payable as therein provided
to the order of THE OHIO NATIONAL LIFE INSURANCE COMPANY.
Said Deed of Trust contains provisions for other and future
indebtedness to be secured thereunder. Said Deed of
Trust also constitutes a security agreement under the Uniform
Commercial Code of the State of Texas.
Said Lien being additionally secured by Assignment of Leases
and/or Rents dated JANUARY 12, 1988 recorded under Clerk's File
No. L-506901 of the Real Property Records of Harris County,
Texas.
7. The applicant borrower(s) are to execute an affidavit
designating their Business and Residential Homesteads, both by
street address and legal description. They are to further
disclaim any interest in and to the subject property under the
Texas Homestead Law and acknowledge that same is not exempt 411
Continued on next page
GF• No. 96109723
Attached to and made art of Stewart Title Guaranty \)any
Commitment for Title Insurance
111
CONTINUATION OF SCHEDULE C:
from forced sale. Guaranty is subject to prior inspection by a
Company Title Officer. If the subject property does constitute
a part of their Business or Residential Homestead, a Valid
Statutory Homestead Lien is to be created and no disbursement
is to be made to borrower.
8. The property covered herein is subject to the terms, conditions,
provisions and stipulations of Ordinance #85-1878 of the City of
Houston enacted October 23, 1985 pertaining to the platting and
replatting of real property and the establishment of building
set back lines within such boundaries. This is pointed out for
information and is not intended to waive the provisions of any
title policy issued which excludes from coverage loss or damage
as a consequence of the exercise and enforcement or attempted
enforcement of governmental police powers over land described
therein.
9. Proposed Assured will be required to execute a Waiver of
Inspection and Disclosure to Owner at the time of closing. An
exception to "Rights of parties in possession" will be contained
in the Owner's Policy when issued; however, the Proposed
Assured may request that this exception be omitted, in which
case the Company will require that an inspection be conducted by
its agent, for which an inspection fee may be charged, and the
Company reserves the right to make additional exceptions in the
Policy to matters revealed by the inspection.
10. Seller/borrower or his/her/their authorized representative will
be required to execute a satisfactory Affidavit as to Debts,
Liens and Possession at the time of closing. We reserve the
right to make additional requirements on the basis of this
Affidavit.
11. If the Company is furnished a satisfactory current survey (and
is paid the required premium where applicable) to amend its
"area and boundary" exception, Company reserves the right to add
additional exceptions to encroachments, overlaps, protrusions,
etc. that the survey might disclose. If Company's requirements
and guidelines are met, Company may add the following after the
description of those encroachments that are acceptable risks:
Company insures the Insured against loss, if any, sustained by
the Insured under the terms of this policy by reason of a final,
non-appealable judgment of a court of competent jurisdiction
that orders the removal of this improvement because it
encroaches over or into (describe applicable building line or
easement) . Company agrees to provide defense to the Insured in
accordance with the terms of this Policy if suit is brought
against the Insured to require the removal of this improvement
because it encroaches as herein stated.
S
FORM: Commitment for Title Insurance Form Prescribed by Texas Department of Insurance (10/30/92)
GF No. 96109723
SCHEDULE D
11111
The information contained in this Schedule (D) does not affect title to or the lien upon the land described in
Schedule A hereof, to be insured in any policy(ies) of title insurance to be issued in accordance with this
commitment.
As to Stewart Title Guaranty Company, the Underwriter herein, the following disclosures are mode:
A-1. Shareholders owning, controling or holding, either personally or beneficially, 10% or more of the shares
of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth
are as follows:
Stewart Information Services Corporation - 100%
A-2. The members of the Board of Directors of Stewart Title Guaranty Company as of the last day of the year
preceding the date hereinabove set forth are as follows: Carloss Morris, Stewart Morris, Stewart Morris,
Jr., Malcolm S. Morris, Max Crisp, C. M. Hudspeth, Eugene Mohler, Bruce Bolin, and Nita Hanks.
A-3. The four designated officers of Stewart Title Guaranty Company as of the last day of the year preceding
the date hereinabove set forth are as follows: President: Malcolm S. Norris, Executive Vice President:
Bert 8. Corkill, Secretary: Sue M. Nolz, Treasurer: Ken Anderson, Jr.
As to Stewart Title Company, the following disclosures are made:
B-1. Shareholders, owners, partners or other persons having, owning or controlling 1% or more of Title
Insurance Agent are as follows:
Stewart Title Guaranty Company (100%)
B-2. Shareholders, owners, partners or other persons having, owning or controlling 10% or more of en entity
that has, owns, or controls 1% or more of Title Insurance Agent are as follows:
Stewart Information Services Corporation
B-3. If Title Insurance Agent is • corporation, the following is a list of the members of the Board of
Directors:
Carloss Morris, Stewart Morris, Malcolm S. Morris, Stewart Morris, Jr., Max Crisp, and C. M. •
Hudspeth.
8-4. if Title Insurance Agent is a Corporation, the following is a list of its officers:
President: Stewart Morris, Jr.
Secretary: Sue M. Nolz
Treasurer: Ken Anderson,Jr.
C-1. You are entitled to receive advance disclosure of settlement charges in connection with the proposed
transaction to which this commitment relates. Upon your request such disclosure will be made to you.
Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this
transaction will be disclosed on the closing or settlement statement.
You are further advised that the estimated* title premium is:
Owner Policy S
Mortgagee Policy S
Endorsement Charges S
Total S 0.00
Of this total amount S or 19% (complete one only) will be paid to Stewart Title Guaranty Company;
S or 81% (complete one only) will be retained by Title Insurance Agent; and any remainder of the
the estimated* premium will be paid to other parties as follows:
Amount Paid to Services
$ N/A or % (complete only one)
S N/A or % (complete only one)
S N/A or % (complete only one)
*The estimated premium is based upon information furnished to us as of the date of this Commitment for Title
Insurance. Final determination of the amount of the premium will be made at closing in accordance with the
Rules and Regulations adopted by the State Board of Insurance.
STEWART TITLE
GUARANTY COMPANY
GF No. 96109723
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner Policy)
•
ARBITRATION is a common form of alternative dispute resolution. It can be a
quicker and cheaper means to settle a dispute with your Title Insurance Company.
However, if you agree to arbitrate, you give up your right to take the Title
Company to court and your rights to discovery of evidence may be limited in the
arbitration process. In addition, you cannot usually appeal an arbitrator's
award.
Your policy contains an arbitration provision (shown below) . It allows you or
the Company to require arbitration if the amount of insurance is $1,000,000 or
less. If you want to retain your right to sue the Company in case of a dispute
over a claim, you must request deletion of the arbitration provision before the
policy is issued. You can do this by signing this form and returning it to the
Company at or before the closing of your real estate transaction or by writing
to the Company.
The Arbitration provision in the Policy is as follows:
"Unless prohibited by applicable law or unless this arbitration section
is deleted by specific provision in Schedule B of this policy, either
the Company or the Insured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association.
Arbitrable matters may include, but are not limited to, any controversy
or claim between the Company and the Insured arising out of or relating
to this Policy, and service of the Company in connection with its
• issuance or the breach of a policy provision or other obligation. All
arbitrable matters when the Amount of Insurance is $1,000,000 or less
SHALL BE arbitrated at the request of either the Company or the Insured,
unless the Insured is an individual person (as distinguished from a
corporation, trust, partnership, association or other legal entity) .
All arbitrable matters when the Amount of Insurance is in excess of
$1,000,000 shall be arbitrated only when agreed to by both the Company
and the Insured. Arbitration pursuant to this Policy and under the
Rules in effect on the date the demand for arbitration is made or, at
the option of the Insured, the rules in effect at the Date of Policy
shall be binding upon the parties. The award may include attorney's
fees only if the laws of the state in which the land is located permit a
court to award attorneys' fees to a prevailing party. Judgment upon the
award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request."
I request deletion of the Arbitration provision.
Signature Date
STEWART TITLE •
GUARANTY COMPANY
IMPORTANT INFORMATION AVISO IMPORTANTE
FOR INFORMATION, OR PARA INFORMACION, 0
TO MAKE A COMPLAINT PARA SOMETER UNA QUEJA
CALL OUR TOLL-FREE TELE- LLAME AL NUMERO GRATIS
PHONE NUMBER
1-800-729-1902
1-800-729-1902
TAMBIEN
ALSO PUEDE COMUNICARSE CON
YOU MAY CONTACT EL DEPARTAMENTO DE SEGUROS
THE TEXAS DEPARTMENT DE TEXAS AL
OF INSURANCE AT
1-800-252-3439
1-800-252-3439
para obtener informacion sobre:
to obtain information on: 1. como someter una queja en contra de
1. filing a complaint against an insurance una compania de seguros o agente de
company or agent, seguros, •
2. whether an insurance company or agent 2. si una compania de seguros o agente de
is licensed, seguros tiene licencia,
3. complaints received against an insurance 3. quejas recibidas en contra de una
company or agent, compania de seguros o agente de
4. policyholder rights, and seguros
5. a list of consumer publications and 4. los derechos del asegurado, y
services available through the 5. una lista de publicaciones y servicios
Department. para consumidores disponibles a traves
del Departamento.
YOU MAY ALSO WRITE TO
THE TEXAS DEPARTMENT OF TAMBIEN PUEDE ESCRIBIR AL
INSURANCE DEPARTAMENTO DE SEGUROS DE
P.O. BOX 149104 TEXAS
AUSTIN,TEXAS 78714-9104 P.O. BOX 149104
FAX NO. (512)475-1771 AUSTIN,TEXAS 78714-9104
FAX NO. (512) 475-1771
IP
FORM: Commitment for Title Insurance
ST :WART TIflLE
GUARANTY COMPANY
TEXAS TITLE INSURANCE INFORMATION
Title insurance insures you against loss El seguro de titulo le asegura en relacion a
resulting from certain risks to your title. perdidas resultantes de ciertos riesgos que
pueden afectar el titulo de su propiedad.
The Commitment for Title Insurance is the
title insurance company's promise to issue El compromiso para Seguro de Titulo es Ia
the title insurance policy. The commitment is promesa de Ia compania aseguradora de
a legal document. You should review it titulos de emitir la poliza de seguro de titulo.
carefully to completely understand it before El Compromiso es un documento legal.
your closing date. Usted debe leerlo cuidadosamente y
entenderlo completamente antes de Ia fecha
para finalizar su transaccion.
Your commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your
title. It is a contract to issue you a policy subject to the Commitment's terms and requirements.
Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance
Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that
determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy.
Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the policy as
Exclusions. These risks will not be covered by the Policy.
Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met.
Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may
want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title
and your use of the land.
• When your Policy is issued,the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions,defined below.
- EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are
shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with
the Conditions section of the Commitment. When the Policy is issued,all Exceptions will be on Schedule B of the Policy.
-EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown
or discussed in the Commitment.
- CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and
those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy
Conditions are not the same as the Commitment Conditions.
You can get a copy of the policy form approved by the State Board of Insurance by calling the Title Insurance Company at 1-800-
729-1902 or by calling the title insurance agent that issued the Commitment.The State Board of Insurance may revise the policy
form from time to time.
You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1-800-252-3439.
Before the Policy is issued,you may request changes in the policy. Some of the changes to consider are:
-Request amendment of the"area and boundary"exception(Schedule B,paragraph 2). To get this amendment,you must
furnish a survey. On the Owner Policy, you must pay an additional premium for the amendment. If the survey is
acceptable to the Company, your Policy will insure you against loss because of discrepancies or conflicts in boundary
lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure
against specific boundary or survey problems by making special exceptions in the Policy.
-Allow the Company to add an exception to"rights of parties in possession." If you refuse this exception,the Company or
the Title insurance agent may inspect the property. The Company may except to and not insure you against the rights of
specific persons,such as renters,adverse owners or easement holders who occupy the land. The Company may charge
you for the inspection. If you want to make your own inspection,you must sign a Waiver of Inspection form and allow the
Company to add this exception to your Policy.
• The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you
want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement.
FORM:Commitment for Title Insurance
City of West University Place
Harris County,Texas
ORDINANCE NO.3112
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS, AMENDING APPENDIX A, ZONING
ORDINANCE, BY PROVIDING FOR REVISIONS TO REGULATIONS
GOVERNING SEXUALLY ORIENTED BUSINESSES, INCLUDING
CLARIFICATION OF SPACING REQUIREMENTS AND PROTECTED USES;
BY ADDING NEW REGULATIONS GOVERNING VARIOUS BUSINESS
ESTABLISHMENTS, INCLUDING DEFINITIONS, PERMITTING
REQUIREMENTS, AND SPACING STANDARDS TO PROMOTE
COMPATIBILITY AND PREVENT OVERCONCENTRATION; BY PROVIDING
FOR THE ADOPTION OF CHAPTER 54,ARTICLE X—VARIOUS BUSINESS
ESTABLISHMENTS; FINDING THAT THE ZONING AMENDMENTS ARE
CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN; PROVIDING
FOR A PENALTY UP TO $2,000.00 PER DAY FOR VIOLATION OF THE
ZONING ORDINANCE; AND CONTAINING OTHER FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT.
WHEREAS,the City Council and the Zoning and Planning Commission("Z&PC")of the City
of West University Place,Texas("City") held a joint public hearing on May 4, 2026 regarding
proposed amendments to the City's Code of Ordinances and Zoning Ordinance relating to
Sexually Oriented Businesses and Various Business Establishments;and
WHEREAS,the Z&PC reviewed the proposed amendments,received public comments,and
considered matters relating to land use compatibility, spacing requirements, and the
regulation of certain commercial uses associated with potential secondary impacts;and
WHEREAS, the Z&PC, after consideration of the public comments and applicable
regulations, adopted a final report recommending amendments to Appendix A — Zoning
Ordinance,Article 8, including Section 8-108(Sexually Oriented Businesses)and Section 8-
116(Various Business Establishments), and the adoption of Chapter 54,Article X—Various
Business Establishments,which the Z&PC has submitted to the City Council;and
WHEREAS, the proposed amendments are intended to clarify and strengthen spacing
requirements,establish consistent buffer distances,regulate certain commercial uses,and
Page 1 of 8
promote compatibility with surrounding land uses, including residential areas and public
facilities; and
WHEREAS, the City Council has considered the final report of the Z&PC, the
recommendations of City staff, and the City's Comprehensive Plan, and finds that the
proposed amendments are consistent with the Comprehensive Plan and serve to protect the
public health,safety,and general welfare;and
WHEREAS, all notices, hearings, and procedures relating to the adoption of these
amendments, as required by law, the City Charter, and applicable ordinances, have been
duly given, held, and followed, and the City Council has jurisdiction to adopt these
amendments;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE,TEXAS,THAT:
Section 1. Preamble. The facts and matters set forth in the preamble of this
Ordinance are found to be true and correct and incorporated herein for all purposes.
Section 2. Zoning Amendment - Article 8, Section 8-108. Appendix A, Zoning
Ordinance,is amended by adding the underlined or removing the struckthrough below:
"Section 8-108.-Sexually Oriented Businesses.
(a) Spacing. Notwithstanding any other provision of this ordinance to the contrary, a
"regulated establishment" (as defined in-the section 54:75.Article III.Sexualy
Qrieptesi Business of the Code of Ordinances relating to sexually oriented
businesses)may not be located:
(1) within 750 feet of any school, church, youth athletic facility, park. municipal
building,et licensed day care center,or residential use,within the City,which
facilities are hereby found and determined to be inconsistent with the
operation of a regulated establishment;or
(2) within 2.5e750 feet of any other such regulated establishment for which there
is a permit.
(b) Measurement. Measurements for the foregoing distance regulations shall be
made in a straight line, without regard to intervening structures or objects, from
the nearest point on the property line of the building site where the regulated
establishment is located to the nearest point on the property line of the building
site occupied by the other facility or establishment.
(c) Other Provisions.The provisions of this Ordinance and the provisions of the Code
of Ordinances relating to sexually oriented businesses shall both be applied to
Page 2 of 8
regulated establishments, and said provisions of the Code are adopted,
confirmed and made a part of this Ordinance by this reference."
Section 3. Zoning Amendment — Article 8, Section 8-116, Various Business
Establishments.Appendix A,Zoning Ordinance,is created by adding below:
"Section 8-116.—Various Business Establishments.
(a) Purpose and intent.The purpose of this section is to regulate the location of Various
Business Establishments in order to protect the public health, safety, and general
welfare, and to minimize adverse secondary impacts associated with the
concentration and proximity of such uses.This section is intended to be applied in a
content-neutral manner and is not adopted for the purpose of suppressing or
restricting lawful business activities.
(b) Applicability.This section applies to all Various Business Establishments,as defined
in Article X, Various Business Establishments, Chapter 54, of the City's Code of
Ordinances,as amended,whether now existing or hereafter established.
(c) Location restrictions. No Various Business Establishments shall be Located within:
(1) Seven hundred fifty (750) feet of any school, church, youth athletic facility,
park, municipal building, licensed day care center, or residential use, within
the City;or
(2) Seven hundred fifty(750) feet of another Various Business Establishment of
the same type.
(d) Measurement of distance. For purposes of this section, distance shall be measured
in a straight line, without regard to intervening structures,from the nearest point on
the property line of the building site on which the proposed Various Business
Establishment is located to the nearest point on the property line of the building site
on which the protected use or other Various Business Establishment is located.
(e) Existing uses. Any Various Business Establishment lawfully existing on the
effective date of this section that does not conform to the location requirements
herein shall be deemed a legal nonconforming use and may continue to operate,
subject to all other applicable laws and regulations.
(f) Expansion or relocation.A nonconforming Various Business Establishment shall
not be expanded,enlarged, or relocated in a manner that increases its degree of
nonconformity with this section.
(g) Separation from multiple uses. For purposes of this section, a Various Business
Establishment shall be required to comply independently with all spacing
requirements,regardless of whether the protected uses or other Various Business
Establishments are located on the same tract or on separate tracts.
(h) No waiver by permit.Compliance with this section shall be required in addition to
any permit or registration required under Chapter 54,Article X, and no permit or
registration shall be construed as waiving the location requirements of this
section"
Page 3 of 8
Section 4. Ordinance Amendment - Chapter 54, Article X - Various Business
Establishments. Chapter 54, Article X- Various Business Establishments, is created by
adding or amending the following
"Chapter 54-Offenses and Miscellaneous Provisions
Article X.-Various Business Establishments
Sec.54-225.Definitions.
As used in this article,the following words shall have the meanings herein ascribed,
unless the context clearly indicates otherwise:
Bail Bond Service means a business establishment that makes available to the
public undertakings of bail in connection with judicial proceedings as additionally
defined and detailed in Chapter 1704,Texas Occupations Code.
Credit Access Business shall have the meaning and be regulated pursuant to Article
VII-Credit Access Businesses,Chapter 54-Offenses and Miscellaneous Provisions.
Headshop means any retail establishment open to the public that presents,
displays, or offers for sale paraphernalia, items, equipment, or products commonly
used, intended to be used, or commonly known to be used, for the ingestion,
inhalation, preparation, or injection of illegal substances as additionally defined and
detailed in the Texas Controlled Substances Act (Chapter 481, Texas Health and
Safety Code).This includes any device fabricated,constructed,altered, adjusted,or
marked for the smoking or ingestion of marijuana, hashish, cocaine,
methamphetamine, any other controlled substance, synthetic controlled
substance,or any substance that mimics the effect of THC,notwithstanding that the
device may also be capable of lawful use for another purpose.
Massage Establishment means a place of business in which massage therapy is
practiced by a massage therapist licensed by the State of Texas as additionally
defined and detailed in Chapter 455, Texas Occupations Code. For purposes of this
article, massage therapy means the manipulation of soft tissue for therapeutic
purposes and includes, but is not limited to, effleurage (stroking), petrissage
(kneading),tapotement(percussion), compression vibration,friction, nerve strokes,
and Swedish gymnastics,whether performed by hand or by mechanical or electrical
apparatus. Massage therapy may include the use of oils, heat lamps, hot or cold
packs, tub showers, or cabinet baths. The terms therapy and therapeutic do not
include diagnosis, the treatment of illness or disease, or any service for which a
license to practice medicine, chiropractic, physical therapy, or podiatry is required
by law.
Poker Club means a private, for-profit business located in a building or place that
provides facilities for live Poker Games conducted at one or more Poker Gaming
Tables.
Page 4 of 8
Poker Club Operator means an individual who operates a cash register, cash
drawer, or other depository on the premises of a Poker Club, or who maintains
financial records generated from the operation of a Poker Club.
Poker Club Owner means a person who:
(1)Has an ownership interest in or receives profits from a Poker Club;
(2)Is a partner,director,or officer of a business entity that has an ownership interest
in a Poker Club;or
(3) Is a shareholder holding more than ten percent of the outstanding shares of a
business entity that has an ownership interest in a Poker Club.
Poker Game means a card game that meets the requirements of the affirmative
defense to gambling established in Chapter 47,Texas Penal Code, in which:
(1)A member physically present places a wager based on the ranking of cards held;
(2)Each participant has an opportunity to benefit from personal winnings;and
(3)Except for skill or luck,the risks of losing and chances of winning are the same for
all participants.
Poker Gaming Table means a recreational table at which members of a Poker Club
participate in a live Poker Game. The term does not include video, electronic,
mechanical,or online poker devices.
Precious Metal Dealer means a retail establishment that primarily purchases coins
or secondhand items containing precious metals, including jewelry, watches,
utensils, candlesticks, and religious or decorative objects as additionally defined
and detailed in Chapter 1956, Subchapter B, Texas Occupations Code. This use is
commonly referred to as a gold exchange business.
Smoke Shop means a retail establishment that primarily sells tobacco-related
products and accessories and does not meet the definition of a headshop.Examples
include cigar shops and retail tobacco stores.
Tattoo Shop means a business that places designs, letters, figures, symbols, or
other marks upon or under the skin of a person using ink or other substances,
resulting in permanent coloration by means of needles or similar instruments
designed to puncture the skin as additionally defined and detailed in Chapter 146,
Texas Health and Safety Code.
Various Business Establishment means any Bail Bond Service, Headshop,
Massage Establishment, Poker Club,Precious Metal Dealer, Smoke Shop, or Tattoo
Shop as defined in this Article. Credit Access Businesses are excluded from this
definition and are regulated separately pursuant to Chapter 54,Article VII.
Operator means the individual principally responsible for the day-to-day
management of a Various Business Establishment.
Page 5 of 8
Owner means any person or entity holding a legal or equitable ownership interest in
a Various Business Establishment.
Permit means a current, valid permit or certificate of registration issued by the city
pursuant to this or any other article of the City's Code of Ordinances.
Sec.54-226.-Remedial and supplemental effect.
(a) The provisions of this article are remedial and shall apply to all Various Business
Establishments now existing or hereafter established.
(b) The provisions of this article are supplemental and cumulative of all other
applicable ordinances and state laws.
Sec.54-227.-Permit required.
(a) It shalt be unlawful for any person to own,operate,manage,or conduct a Various
Business Establishment without first obtaining a valid permit issued by the city.
(b) A separate permit or registration shalt be required for each physically separate
location.
(c) The permit or registration shall be conspicuously displayed on the premises at all
times.
Sec.54-228.-Permit requirements.
(a) An applicant shall submit, in addition to their permit, an addendum which shall
include at minimum:
1. Legal name,trade name, and contact information of the applicant;
2. Street address of the business location;
3. Names and addresses of all owners and operators;
4. Copies of all required state licenses or certifications;
5. A current,valid certificate of occupancy for the premises;
6. Payment of all applicable non-refundable fees.
(b) The applicant shall notify the city within 45 days of any material change to the
addendum information.
Sec.54-229.-Issuance;term;nontransferability.
(a) Upon receipt of a complete application and verification of compliance, the city
shall issue the permit.
(b) Each permit shall expire one year from the date of issuance unless renewed.
(c)Permits are nontransferable and valid only for the approved location and operator.
Sec.54-230.-Inspections.
Page 6 of 8
(a) The City Manager or designee may conduct inspections during regular business
hours or at other reasonable times to ensure compliance with this article.
(b) Refusal to permit inspection shall constitute grounds for suspension or
revocation of the permit.
Sec.54-231.-Location and spacing restrictions.
The provisions on location and density are established in Article 8, Additional
Regulations,of the City's Zoning provisions, as amended.
Sec.54-232.-Additional provisions for massage establishments.
(a)All massage therapists shall maintain a valid state license.
(b)Permits for massage establishments are location-specific and nontransferable.
(c)Any violation of city ordinances or state law may result in revocation by the City
Manager or designee.
Sec.54-233.-Suspension;revocation.
The city may suspend or revoke a permit upon finding that the operator or owner:
(a) Violated any provision of this article;
(b) Operated without a required state license;
(c) Refused inspection;or
(d) Provided false or misleading application information.
Sec.54.234.-Violations;penalty.
(a)A person who violates this article commits an offense.
(b)Each day a violation occurs constitutes a separate offense.
(c)An offense is punishable by a fine not to exceed$500.00.
(d)No culpable mental state is required.
Sec.54-235.-Appeals.
Any person aggrieved by a decision under this article may appeal in accordance with
procedures established by city ordinance."
Section 5.Comprehensive Plan.City council finds that the Zoning Amendments are
consistent with the City's comprehensive plan.
Section 6.Penalty.Aviolation of this ordinance shall be a Class C misdemeanor,and
the penalty for violating this ordinance shall be a fine not exceeding Two Thousand and
No/100 Dollars($2,000.00)for each offense.Each continuing day's violation shall constitute
a separate offense.
Page 7 of 8
Section 7.Savings/Repealing Provision.All ordinances and parts of ordinances in
conflict with this ordinance are repealed to the extent of the conflict only.
Section 8.Severabilityy If any provision of this ordinance shall be held to be invalid
or unconstitutional by any court of competent jurisdiction,the remainder of this ordinance
shall continue in fullforce and effect the same as if such invalid or unconstitutional provision
had never been a part hereof.
Section 9.Effective Date.This ordinance takes effect immediately upon its passage
and adoption on second reading and the publication of the caption, as required by the City
Charter and state law.
PASSED,APPROVED AND ADOPTED ON FIRST READING on the ,day of
,2026.
PASSED,APPROVED AND ADOPTED ON SECOND READING,AND SIGNED,on
thMday of/ N► ,2026.
Attest II
IQI
City Secre ry(Seal)Mayor
Recommended:
City Manager
Approv1edd as to form:
r
Olson&Olson, LLP,City Attorney
Page 8 of 8
West University Place Public Works Department
NOTICE OF ZONING BOARD OF ADJUSTMENT HEARING
The Zoning Board of Adjustment ("ZBA") of the City of West University Place, Texas ("City") will hold a public
hearing in the Municipal Building, 3800 University Boulevard, City of West University Place, Texas 77005, during a
meeting set to begin at 6:30 p.m. on August 27,2026. The hearing may be recessed and continued to a ZBA meeting
set to begin at 6:30 p.m. on September 24, 2026. The purpose of the hearing is to provide an opportunity for all
persons to be heard in relation to the following matter:
Address of the site: 5320 Kirby Drive,West University Place,TX 77005
Legal Description: Lot 8,Block 1,Krenzler Courts
Docket Number: 2026-00017
Applicant: S. Baker
Action Requested: Requesting a variance from Appendix A—Zoning Ordinance,Article
8, Sec.8-116.—Various business Establishments.
Additional Details:
A variance to exempt this development from the seven hundred fifty-foot
(750')buffer required for various business establishments.
Applicable regulations include the City's Zoning Ordinance, Code of Ordinances, Chapter 211 of the Texas Local
Government Code and the rules of the ZBA. The application is available on the city's website at www.westutx.gov.
Additional details on such matters, as well as the applicable regulations are also available for public inspection in the
Public Works Center, 3826 Amherst, West University Place, 77005. Any person interested in such matters should
attend the hearing.
If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting
please contact the Planning & Zoning Administrator at 713-662-5830 in advance of the meeting. Reasonable
accommodations will be made to assist your participation in the meeting. The Municipal Building is wheelchair
accessible from the West and Southwest entrances and specially marked parking spaces are available in the Southwest
parking area.
Signed: Chris Guess.Planning&Zoning Administrator,for the ZBA. Posted and mailed on or before August
17,2026.
Chr4-Gueisele
cguess@westutx.gov
713-662-5830
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
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Map Produced by: Chris Guess Q 200 ft. Buffer
Date Produced: August 11, 2026 Notification Parcels
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Disclaimer: 'i 4 r of
The City of West University Place has attempted to verify the accuracy of the information contained in the West University
following map at the time of publication.The City of West University Place assumes no liability for any
errors,omissions,or inaccuracies in the information provided regardless of how caused.This Place
product is for informational purposes and may not have been prepared for or be suitable for
legal,engineering,or surveying purposes.It does not represent an on-the-ground survey and
represents only the approximate relative location of property boundaries.
MAILTO MAIL_ADDR_ Is MAIL_CITY MAIL_STAT MAIL_ZIP
JERMAR COMPANY LC 2330 HOLMES RD HOUSTON TX 77051-1014
5302 LC/TEXAS LTD COMPANti 2429 BISSONNET ST STE 279 HOUSTON TX 77005-1451
5404 KIRBY LLC 2441 BARTLETT ST HOUSTON TX 77098-5101
LEE PAULHWA 2612 WROXTON RD HOUSTON TX 77005-1312
MARTINEZ GRANT&ALICIA 2616 ALBANS RD HOUSTON TX 77005-1308
MILLER ROBERT H 2616 WROXTON RD HOUSTON TX 77005-1312
ARAUJO WLADIMIR 2617 WROXTON RD HOUSTON TX 77005-1311
RICHARDSON KARA E 2619 ALBANS RD HOUSTON TX 77005-1307
HOLZER ERICH A 2619 WROXTON RD HOUSTON TX 77005-1311
SHOR BRIAN&CHELSEY 2620 ALBANS RD HOUSTON TX 77005-1308
DEVITA PATRICIA&KARLO JOHI 2620 WROXTON RD HOUSTON TX 77005-1312
COGAN JAMES E&LESLIE W 2621 WROXTON RD APT B HOUSTON TX 77005-1360
BRADFORD GWENDOLYN M 2621 WROXTON RD UNITA HOUSTON TX 77005-1360
MOLANO RAFAEL&AIDA L 2622 WROXTON RD HOUSTON TX 77005-1312
BROOKS AUSTIN&COURTNEY 2624 ALBANS RD HOUSTON TX 77005-1308
CURRENT OWNER 2624 WROXTON RD HOUSTON TX 77005-1312
DWYER PAMELA ANN 2625 WROXTON RD APT HOUSTON TX 77005-1358
CURRENT OWNER 2625 WROXTON RD UNIT B HOUSTON TX 77005
ALEXANDER DAVID&MARION 2628 ALBANS RD HOUSTON TX 77005-1308
SASSARD WALTER R&ANGIE H 2628 WROXTON RD HOUSTON TX 77005-1312
CURRENT OWNER 2629 WROXTON RD APT HOUSTON TX 77005-1356
ECHOLS ANNE L 2629 WROXTON RD APT B HOUSTON TX 77005-1356
PHAM ANH 2809 GEORGETOWN ST HOUSTON TX 77005-3025
DAN JORDAN LLC 5406 KIRBY DR HOUSTON TX 77005-2402
CURRENT OWNER 6538 BROMPTON RD HOUSTON TX 77005-3904
UNIVERSITY SHOPS HOUSTON PO BOX 980338 HOUSTON TX 77098-0338