City Council and Planning and Zoning Commission

CITY COUNCIL AND PLANNING AND ZONING COMMISSION Monday, December 4, 2023 Council Chamber Joint Special Session 6:00 PM FIRST FLOOR OF CITY HALL 7008 S. RICE AVENUE BELLAIRE, TX 77401 Agenda CITY COUNCIL Mayor Andrew S. Friedberg Mayor Pro Tem Council Member Council Member Winfred C. Frazier Catherine Lewis Ross Gordon Council Member Council Member Council Member Nathan Wesely Brian Witt Jim Hotze PLANNING AND ZONING COMMISSION Chair Michael (Mike) Baker Vice Chair Commissioner Commissioner Jaime Perkins Lee Hampton John T. Klug Commissioner Commissioner Commissioner Cindy Preble Jonathan Reichek Christina Stone City of Bellaire Texas Page 1 of 5 Agenda City Council and December 4, 2023 Planning and Zoning Commission JOINT SPECIAL SESSION (JOINT PUBLIC HEARING) - 6:00 P.M. A. Call the City Council to Order - Andrew S. Friedberg, Mayor. B. Announcement of a Quorum of the City Council - Andrew S. Friedberg, Mayor. C. Call the Planning and Zoning Commission to Order - Michael (Mike) Baker, Chair. D. Announcement of a Quorum of the Planning and Zoning Commission - Michael (Mike) Baker, Chair. E. Reading of the Notice of Joint Public Hearing - Tracy L. Dutton, City Clerk. F. Summary of Joint Public Hearing Procedure - Sharon Citino, City Manager. G. Presentation of Proposal: Joint Public Hearing regarding a potential amendment to Specific Use Permit S-88, to require the relocation of dumpsters or otherwise mitigate their impacts on adjacent residences, on the site of Bellaire High School, 5100 Maple Street, Bellaire, Texas, in the R-1 Residential Zoning District - Submitted by Travis Tanner, Director of Development Services. Agenda Statement Report - Pdf H. Public Comment. The Mayor will recognize speakers who have completed a sign-up sheet prior to the commencement of the joint public hearing. Each speaker shall have a time limit of up to five (5) minutes, with no extension, and with notice after four (4) minutes that one (1) minute is left. Questions from the public shall be addressed to the Mayor, and the Mayor and members of the City Council and Planning and Zoning Commission may refer such questions to staff as appropriate. I. Questions from the Mayor, City Council, and Planning and Zoning Commission. J. Close of the Joint Public Hearing - Andrew S. Friedberg, Mayor. Oral public comment on the subject matter of the joint public hearing will not be received following the close of the joint public hearing. The public may submit written comments to the Planning and Zoning Commission and the City Council prior to their final deliberations. Written comments to the Planning and Zoning Commission must be received in the City Clerk's office by noon on the Friday preceding the meeting of final deliberation for inclusion in the official record of the proceedings. It is anticipated that final deliberation before the Planning and Zoning Commission will occur on Thursday, December 14, 2023; therefore, written comments should be submitted by noon on Friday, December 8, 2023. Written comments to the City Council must be received in the City Clerk's office by noon on the City of Bellaire Texas Page 2 of 5 Agenda City Council and December 4, 2023 Planning and Zoning Commission Thursday preceding the meeting of final deliberation for inclusion in the official record of the proceedings. It is anticipated that final deliberation before the City Council will occur on Monday, December 18, 2023; therefore, written comments should be submitted by noon on Thursday, December 14, 2023. K. Adjourn the Planning and Zoning Commission - Michael (Mike) Baker, Chair. L. Adjourn the City Council - Andrew S. Friedberg, Mayor. City of Bellaire Texas Page 3 of 5 AGENDA STATEMENT City of Bellaire MEETING: City Council and Planning and Zoning Commission - Dec 04 2023 PREPARED BY: Travis Tanner DEPARTMENT: Development Services ITEM TITLE: Joint Public Hearing regarding a potential amendment to Specific Use Permit S-88, to require the relocation of dumpsters or otherwise mitigate their impacts on adjacent residences, on the site of Bellaire High School, 5100 Maple Street, Bellaire, Texas, in the R-1 Residential Zoning District - Submitted by Travis Tanner, Director of Development Services. RECOMMENDATION: Travis Tanner, Director of Development Services, recommends that City Council hold the public hearing and discuss options for amending the Specific Use Permit. BACKGROUND/SUMMARY: On September 18, 2023, City Council discussed ways to mitigate the impacts of dumpsters located on the northern edge of the Bellaire High School site on adjacent residences, including but not limited to a potential amendment to Specific Use Permit S-88, to require the relocation of dumpsters or otherwise mitigate their impacts on adjacent residences, on the site of Bellaire High School. At the conclusion of that discussion, City Manager Sharon Citino agreed to contact Bellaire High School and the Houston Independent School District (HISD) to request a meeting and attempt to resolve the issue, and absent any good faith movement, return to City Council to request a public hearing. On September 19, 2023, Ms. Citino spoke with Bellaire High School Principal Michael Niggli to relay the City's concerns and request discussion of the issue with HISD. Mr. Niggli stated he would contact HISD to relay the City's concerns and obtain their response. Thereafter, Ms. Citino emailed Mr. Niggli weekly to request a status update. On October 19, having received no reply, Ms. Citino informed Mr. Niggli that she would place an item on the City Council agenda requesting a public hearing. Mr. Niggli promptly put Ms. Citino in contact with HISD officials, and on October 24, the parties met to discuss the City's concerns. On October 27, HISD's General Counsel's Office called Alan Petrov, City Attorney, and advised him that they would meet with their solid waste provider to discuss the need to comply with the City Code. No further solutions were offered beyond a request from HISD that the City's solid waste division service the dumpsters, something the City is not equipped to do. Staff has heard nothing further from HISD since October 27. On November 6, 2023, City Council voted to call a joint public hearing with the Planning and Zoning Commission. The SUP was previously approved by the Planning and Zoning Commission and City Council following public hearings. Amending the SUP must go through the same process. Following the joint hearing, Page 4 of 5 the Planning and Zoning Commission can discuss and make recommendations to City Council. Recommendations could include the following:  Further restricting the dumpster servicing hours for this site (City Code Section 16-22 allows dumpers to be serviced between 8 a.m. and 7 p.m.);  Requiring relocation of the dumpsters to the west side of the school building/s, not along public streets or residential property lines;  Both of the above; or  Other options as recommended by the Planning and Zoning Commission and City Council. The joint public hearing has been properly noticed in the Southwest News and to all property owners within 500 feet. Should the Planning and Zoning Commission make a recommendation to City Council, an ordinance amending the SUP could be considered by City Council as early as December 18, 2023, which staff would then work to enforce. PREVIOUS COUNCIL ACTION: On September 18, 2017, City Council adopted Ordinance No. 17-054 granting Specific Use Permit S-88 to HISD for the reconstruction and operation of Bellaire High School. On May 15, 2023, City Council adopted Ordinance No. 23-030, amending Chapter 16, Solid Waste, Article II, Regulation of Dumpsters, of the Code of Ordinances of the City of Bellaire, Texas, by amending several sections therein for the purpose of improving the regulation of dumpsters within the City. On September 18, 2023, City Council discussed possible relocation of the dumpsters at Bellaire High School or other mitigation of their impacts on adjacent residences and recommended that City staff attempt to work with HISD to resolve this issue, and absent any good faith movement, return to City Council to request a public hearing. On November 6, 2023, City Council called a joint public hearing before the City Council and the Planning and Zoning Commission on this item. FISCAL IMPACT: None CITY ATTORNEY REVIEW: ☑ Yes ☐ No Page 5 of 5 Page 2 of 2