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HomeMy WebLinkAbout03112010 ZPC Agenda Item 4 ZPC AGENDA ITEM 4 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. 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, 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 be 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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 )2010. Attest: Signed: City Secretary Mayor Recommended: 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 March 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, L. P. 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 1938, 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 the City of West University Place to establish buffers between the commercial areas and interior primarily residential 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, and subsequent regular Zoning and Planning Commission meetings, the Commission discussed in length the following comments and input received: a) Concerns regarding increased traffic and parking on Tangley Street due to overflow parking by employees and customers of the proposed development; b) Concerns regarding increased noise due to a change in hours of operation of the proposed development, especially during the evening hours; c) Loss of trust in the City by the public, especially adjoining residents, who anticipate that the current residential classification be maintained in order to protect and buffer their properties from commercial uses; d) The viability of constructing conforming cluster or townhome structures, given the current zoning regulations and economic conditions. 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) recommends the zoning changes more particularly described in Exhibit "A" attached hereto, (iii) finds that the proposal reasonably addresses circumstances which have arisen since the last comprehensive revision of the zoning ordinance, (iv) makes its final recommendation favorable to the proposal, and (v) 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