HomeMy WebLinkAboutORD 1920 Calling Public Hearing Hearing for 5800 Kirby RezoningCity of West University Place
Harris County, Texas
Ordinance No. 1920
AN ORDINANCE CALLING A 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 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 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 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 public hearing on such proposal;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FO THE CITY
OF WEST UNIVERSITY PLACE:
Section 1. The City Council hereby calls a public hearing before the City Council
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 May 20, 2010 The hearing may be recessed and continued from
time to time.
Section 2. The purpose for this 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) 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.
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 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.
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PASSED, AP OVED, ADOPTED AND SIGNED on -MA ,-A- 201(Q.
ZIP
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es I:: L Signed:
~a City Secretary M r
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City Manage
Approved as to legal form:
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City Attorney
Exhibit A
Zoning & Planning Connission
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, in
subsequent regular Zoning and Planning commission meetings, the
Commission discussed at 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 should be maintained in order
to protect and buffer their properties from commercial
use;
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 change more particularly
described in the attached zoning map,(iii) finds that the
proposal reasonably addresses circumstances which have arisen
since the last comprehensive revision of the zoning ordinance,
(iv) takes into consideration proposed deed restrictions
addressing employee parking for the site, (v) makes its final
recommendation favorable to the proposal, and (vi) recommends
that the City Council adopt the proposal.
The Vote. The vote on approval of this report was as
follows: ]Brown, Griffith, Parikh, and Yehle voted "aye"; Frankel
abstained; DeStefano and Higley absent.
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By:
For the Commission
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Exhibit B
NOTICE OF PUBLIC HEARINGS
The City Council of the City of West University Place, Texas ("City") will hold a
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
p.m, on . The hearing may be recessed and continued from
time to time. 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 Secretarv
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