HomeMy WebLinkAboutORD 1911 Calling Joint Public Hearing for 5800 Kirby Drive RezoningCity of West University Place
Harris County, Texas
ORDINANCE NUMBER 1911
AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO
AMEND THE ZONING ORDINANCE AND CODE OF ORDINANCES OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS TO AMEND THE ZONING DISTRICT FOR
THAT CERTAIN BUILDING SITE LOCATED AT THE SOUTHWEST CORNER OF
THE INTERSECTION OF KIRBY DRIVE AND TANGLEY ROAD (5800 KIRBY DRIVE)
FROM "PDD-TH2" (PLANNED DEVELOPMENT DISTRICT-SECOND TOWNHOME
DISTRICT) TO "C" (COMMERCIAL) DISTRICT; PRESCRIBING PROCEDURES AND
NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE
SUBJECT; AND DECLARING AN EMERGENCY.
WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West
University Place, Texas ("City") has submitted a preliminary report on a proposal to
amend the zoning ordinance of the City, as last reformatted and re-adopted by
Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning
Ordinance"); and
WHEREAS, the preliminary report also proposes an amendment to the Code of
Ordinances of the City including a zoning district change for the building site located at
the southwest corner of the intersection of Kirby Drive and Tangley Road, more fully
described as Lots Two and Three of Block Four out of the Tangley Terrace Subdivision
of Harris County, Texas; and
WHEREAS, the Z&PC's preliminary report is attached to this ordinance as
Exhibit A and made a part of this ordinance by reference; and
WHEREAS, the City Council desires to call a joint public hearing on such
proposal;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE:
Section 1. The City Council hereby calls a joint public hearing before the City
Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the
hearing shall be held in the Council Chamber of the Municipal Building, 3800 University
Boulevard, West University Place, Texas 77005 during the City Council meeting set to
begin at 6:30 p.m. on January 10, 2010 . The hearing may be recessed and
continued to the City Council meeting set to begin at 6:30 p.m. on February 8. 2010
at the same place, unless rescheduled. The City Manager may reschedule either date
and time, or both, to accommodate other pending matters, but the rescheduled date(s)
and time(s) may not be later than 30 days past the later of the two dates set by this
ordinance.
Section 2. The purpose for the hearing is to provide an opportunity for parties in
interest and citizens to be heard in relation to the proposal described in Exhibit A.
Section 3. The procedures for adoption of the proposal shall be as follows: (1)
notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report
by the Z&PC, and (4) vote by the City Council on the question of adoption. The
procedures for enforcing the proposal shall be as set out in the existing Zoning
Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted
to the Z&PC for its consideration.
Section 4. The City Secretary shall give notice of such hearing as prescribed by
this section. The notice shall be in substantially the form set out in Exhibit B, which is
attached and made a part of this ordinance by reference. The notice shall be published
in the City's official newspaper (or another newspaper of general circulation in the City)
at least once on or before the 16th day preceding the date of the hearing. In addition,
the notice shall be mailed to each owner, as indicated by the most recently approved
municipal tax roll, of real property within 200 feet of the property on which the change in
classification is proposed. The notices shall be deposited in the United States mail
before the tenth day preceding the date of the hearing, properly addressed with postage
prepaid. The City Council specifically approves giving combined notice of two or more
hearings in a single notice document, as this would save money and also provide better
information about the full scope of possible amendments to all interested persons.
Section 5. The City staff is authorized to make all necessary arrangements for
the hearing and to assist the Zoning and Planning Commission and the City Council.
Section 6. If any word, phrase, clause, sentence, paragraph, section or other
part of this ordinance, or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the
remainder of this ordinance and the application of such word, phrase, clause, sentence,
paragraph, section or other part of this ordinance to any other persons or circumstances
shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith
are hereby repealed to the extent of the conflict only.
Section 7. The City Council officially finds, determines and declares that
sufficient written notice of the date, hour, place and subject of each meeting at which
this ordinance was discussed, considered or acted upon was given in the manner
required by the Open Meetings Law, Chapter 551, Texas Government Code, as
amended, and that such meeting has been open to the public as required by law at all
times during such discussion, consideration and action. The City Council ratifies,
approves and confirms such notices and the contents and posting thereof.
Section 8. Because the proposal to amend the Zoning Ordinance is vitally
important and should be considered at the earliest possible date, a state of emergency
is declared requiring that this ordinance be read and adopted finally at this meeting.
Accordingly, this ordinance shall be adopted finally on first reading and shall become
effective immediately upon adoption and signature.
CITY o SSED, AP VED, AD TED AND SIGNED on tRn t l 2009.
Signed:
M r
City Secretary
*1
Prepared:
City Manager
Approved as to legal form:
City Attorney
Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas 77005
November 12, 2009
Honorable Mayor &
Members of the City Council
City of West University Place
3808 University Boulevard
Houston, Texas 77005
Subject: Preliminary report on a request to amend the Zoning Ordinance
and Code of Ordinances, including the Zoning District Map of the
City of West University Place, Texas ("City") relating to amending
the zoning district of a building site located at the southwest corner
of Kirby Drive and Tangley Road from "PDD-TH2" (Planned
Development District-Second Townhome District) to "C"
(Commercial) District.
To the Honorable Mayor
& Members of City Council:
The Zoning & Planning Commission of the City submits this, its preliminary
report, on the subject proposal, for the assistance of the Council as well as other
interested persons.
Scope of Proposal. The purpose of this proposal is to amend the Zoning
Ordinance and Zoning District Map by amending the zoning district designation of the
building site located at the southwest corner of the intersection of Kirby Drive and
Tangley Road (5800 Kirby Drive), more fully described as Lots Two and Three in Block
Four of the Tangley Place subdivision. This request by the property owner, Kirby Retail
Fund, LP is for an existing commercial use of a building site in a designated townhome
district. The building site was originally designated as commercial with the enactment of
the Ordinance 111 in 1937, which established the city's original zoning districts. The
building site remained commercially zoned until 1974, when the building site was
rezoned to Townhome use (specifically Second Townhome District). This rezoning was
in part based on a study of the peripheral areas of West University Place to establish
buffers between the commercial areas and primarily residential interior areas of the city.
Subsequent zoning ordinance amendments and zoning map adoptions have maintained
the townhome zoning designation for this site.
Preliminary Recommendation. Subject to further review following public hearing,
the Commission: (i) finds that sufficient evidence exists to warrant further consideration
of the zoning change described herein; and (ii) recommends that the City Council call a
joint public hearing to consider the matter. The Commission invites all interested
persons to participate in the joint public hearing.
The Vote. The vote on approval of this report was as follows: Steve Brown,
DeDe DeStefano, Bruce Frankel, Lauren Griffith, Bob Higley, Sam Parikh, and Dick
Yehle voted "aye"; there were 0 "noes".
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By.
For the Commission
Exhibit B
NOTICE OF PUBLIC HEARINGS
The Zoning & Planning Commission and the City Council of the City of West
University Place, Texas ("City") will hold a joint public hearing in the Council Chamber of
the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the
City Council meeting set to begin at 6:30 PM on . The hearing may be
recessed and continued to the City Council meeting set to begin at 6:30 p.m. on
, at the same place. The purpose for the hearing is to
provide an opportunity for parties in interest and citizens to be heard in relation to
proposals to amend the City's Zoning Ordinance (and Code of Ordinances) including
the Zoning District Map, as follows:
Request for Rezoning from PDD-TH2 (Second Townhome District) designation to
C (Commercial) designation. The purpose of this proposal is to amend the Zoning
Ordinance and Zoning District Map by changing the zoning district designation of the
building site located at the southwest corner of the intersection of Kirby Drive and
Tangley Road (5800 Kirby Drive), more fully described as Lots Two and Three in Block
Four of the Tangley Place subdivision. This request by the property owner, Kirby Retail
Fund, LP is for an existing commercial use of a building site in a designated townhome
district. The building site was originally designated as commercial with the enactment of
the Ordinance 111 in 1937, which established the city's original zoning districts. The
building site remained commercially zoned until 1974, when the building site was
rezoned to Townhome use (specifically Second Townhome District).
Additional details on the proposal as well as the Zoning Ordinance and Code of
Ordinances are all available for public inspection in the Municipal Building, 3800
University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning
Ordinance and Code of Ordinances would apply generally within the City, and any
person interested in such matters should attend the hearings. The proposals may be
adopted only after notice and hearing and would control over anything inconsistent in
the current Zoning Ordinance or Code of Ordinances.
Date: /s/City Secretary