HomeMy WebLinkAbout02112010 ZPC Agenda Item 3
ZPC AGENDA
ITEM 3
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City of West University Place
Harris County, Texas
Ordinance No.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND CODE
OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS BY AMENDING 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;
AND CONTAINING FINDINGS AND OTHER 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") have held a joint public hearing on a
proposal to amend the Zoning Ordinance of the City, as last re-formatted and re-
adopted by Ordinance No. 1672, adopted March 12, 2001, and as subsequently
amended ("Zoning Ordinance");
WHEREAS, the Z&PC has made a final report to the City Council with respect to
such proposal, which report is attached as Exhibit A and made a part of this ordinance;
and
WHEREAS, the City Council has considered the report of the Z&PC as well as
the City's Comprehensive Plan, and City Council formally approves and adopts the
report of the Z&PC; and
WHEREAS, all notices, hearings and procedures relating to amending the
Zoning Ordinance, as may a required by law, the City Charter or the Zoning Ordinance,
have been duly given, held and followed, and the City Council has jurisdiction to amend
the Zoning Ordinance as provided herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE:
Section 1. The City Council officially finds, determines, declares and adopts all
of the matters set out in the preamble of this ordinance, and the Zoning Ordinance is
hereby amended as recommended by the Z&PC, according to the Z&PC's final report in
Exhibit A, which is attached and made a part of this ordinance for all purposes.
Section 2. All ordinances and parts of ordinances in conflict herewith are hereby
repealed to the extent of the conflict only.
Section 3. 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,
neither the remainder of this ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this ordinance to any other
persons or circumstances, shall be affected thereby.
Section 4. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place an subject of each meeting at which this
ordinance was discussed, considered or acted upon was given in the manner required
by the Texas Open Meetings Act, as amended, and that each 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. The City Council officially finds, determines and declares
that sufficient notices of the joint public hearing were given, and the City Council ratifies,
approves and confirms such notices, including the contents and the method in which
they were given.
Section 5. This ordinance shall become effective on the tenth day following its
publication, as provided in the City Charter.
CONSIDERED, PASSED, AND APPROVED on first reading on ,
20
CONSIDERED, PASSED, AND APPROVED on second reading, AND SIGNED, on
20
Attest: Signed:
City Secretary Mayor
Recommended: Prepared:
City Manager Joshua W. Golden
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
February 11, 2010
Honorable Mayor &
Members of the City Council
City of West University Place
3808 University Boulevard
Houston, Texas 77005
Subject: Final 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 final 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 1938m
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.
The existing use of the property has acquired Prior Non-
Conforming status as a light commercial use with an existing
food service establishment occupying the site. The property
owner is interested in constructing a new structure at the
expiration of the resident tenant's lease. Prior Non-Conforming
status will be lost upon the demolition of existing structure,
thereby losing the ability to occupy the site in a light
commercial capacity.
This proposal would reclassify the use district to commercial,
thereby relieving the site of its Prior Non-Conforming status
restrictions and allowing development of the site within the
commercial district specific regulations.
Following the public hearing held on February 8, 2010, the
Commission discussed the comments and input received, and have
made no changes to the proposal.
Recommendation. Based on the review given this proposal,
the Commission: (i) finds that the proposal, if adopted, would
be in the public interest and consistent with the Comprehensive
Plan, (ii) finds that the proposal reasonably addresses
circumstances which have arisen since the last comprehensive
revision of the zoning ordinance, (iii) makes its final
recommendation favorable to the proposal, and (iv) recommends
that the City Council adopt the proposal.
The Vote. The vote on approval of this report was as
follows: voted "aye;" "noes;" absent.
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By:
For the Commission