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Home My WebLink AboutORD 1947 Calling Joint Public Hearing relating to Town Center DevelopmentCity of West University Place Harris County, Texas Ordinance No. 1947 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 BY CHANGING THE ZONING DISTRICT FOR CERTAIN TRACTS OF LAND LOCATED NORTH OF UNIVERSITY BOULEVARD, EAST OF EDLOE STREET, SOUTH OF RICE BOULEVARD AND WEST OF POOR FARM DITCH FROM COMMERCIAL DISTRICT ("C") TO TOWN CENTER RETAIL DISTRICT (TCRD") ; 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 2.35 acres of land located north of University Boulevard, east of Edloe Street, south of Rice Boulevard and west of Poor Farm Ditch, more fully described as Tracts 15-H, 15-0, 15-K, 15-S, 15-P, 15-G and 17 of Abstract 61 of the A C Reynolds Survey and Reserves A and B of the Matthews Market Replat, 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 OCT06Et2 to. 11 . The hearing may be recessed and continued from time to time. 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 date 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. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. 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 adoption and signature. PASSED, Attest/Seal: City Secretary v Recommended: City Man ger Approved as to legal form: AND SIGNED on 20 IL. ;Xed Mayor I a m WAS City Attorney Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 May 12, 2011 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the Zoning Ordinance and Code of Ordinances, including the Zoning District Map by changing the zoning district of 2.35 acres of land located north of University Boulevard, east of Edloe Street, south of Rice Boulevard and west of Poor Farm Ditch, more fully described as Tracts 15-H, 15-0, 15-K, 15-5, 15-P, 15-G and 17 of Abstract 61 of the A C Reynolds Survey and Reserves A and B of the Matthews Market Replat, of Harris County, Texas from Commercial District ("C") to Town Center Retail District ("TCRD"). 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 changing the zoning district designation and creating a new zoning district designation for the tracts of land located as stated above. This proposal is materially based on the recommendations of a report presented to City Council dated January 24, 2011 by the Town Center Ad Hoc Committee. Members of the Town Center Ad Hoc Committee were West University Place residents selected by City Council. These residents brought special skills in many areas, including commercial development and traffic planning. Two members were neighboring residential property owners capable of representing the general interests of nearby residents. The committee's report was presented to City Council after many months of study. The report contains recommendations to propose ordinance amendments that will encourage and enable the retail area of the town center to be reconstructed or redeveloped through private investment, while considering the needs of the surrounding residential properties. The key motivator for the recommended changes is the fact that all buildings in the proposed district currently enjoy some form of Prior Non-Conforming (PNC) status that can only be maintained if no improvements are made or through application for zoning relief. In the event of catastrophic loss the buildings would lose PNC status, and current code allows only 50% of the existing floor space to be reconstructed. This could lead to an economically blighted area. The proposed district overlay with accompanying regulations maintains the existing commercial designation and is applicable to the development of new principal buildings and their accessory structures. The proposal amends the zoning ordinance regarding the following: 1. Establishes a definition and boundaries for the Town Center Retail District ("TCRD"). 2. Establishes the allowable uses in the TCRD. 3. Establishes regulations for front, side and rear yard (setbacks), visual buffering, maximum height of all structures, minimum parking requirements, and exterior finishes of structures. 4. Requires the first floor of all structures to be at grade level. 5. Allows for an above-grade parking structure for a unified development of two or more adjacent building sites and establishes minimum standards for height limits, noise, lighting and exterior finishing materials. 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, Bruce Frankel, Bob Higley, Lauren Griffin and Sam Parikh voted "aye"; there were no "noes". Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS c r 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 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: Scope of Proposal. The purpose of this proposal is to amend the Zoning Ordinance and Zoning District Map by changing the zoning district designation and creating a new zoning district designation for the tracts of land located north of University Boulevard, east of Edloe Street, south of Rice Boulevard and west of Poor Farm Ditch, more fully described as Tracts 15-H, 15-0, 15-K, 15-S, 15-P, 15-G and 17 of Abstract 61 of the A C Reynolds Survey and Reserves A and B of the Matthews Market Replat, of Harris County, Texas. This proposal is materially based on the recommendations of a report presented to City Council dated January 24, 2011 by the Town Center Ad Hoc Committee. Members of the Town Center Ad Hoc Committee were West University Place residents selected by City Council. These residents brought special skills in many areas, including commercial development and traffic planning. Two members were neighboring residential property owners capable of representing the general interests of nearby residents. The committee's report was presented to City Council after many months of study. The report contains recommendations to propose ordinance amendments that will encourage and enable the retail area of the town center to be reconstructed or redeveloped through private investment, while considering the needs of the surrounding residential properties. The key motivator for the recommended changes is the fact that all buildings in the proposed district currently enjoy some form of Prior Non-Conforming (PNC) status that can only be maintained if no improvements are made or through application for zoning relief. In the event of catastrophic loss the buildings would lose PNC status, and current code allows only 50% of the existing floor space to be reconstructed. This could lead to an economically blighted area. The proposed district overlay with accompanying regulations maintains the existing commercial designation and is applicable to the development of new principal buildings and their accessory structures. The proposal amends the zoning ordinance regarding the following: 1. Establishes a definition and boundaries for the Town Center Retail District ("TCRD"). 2. Establishes the allowable uses in the TCRD. 3. Establishes regulations for front, side and rear yard (setbacks), visual buffering, maximum height of all structures, minimum parking requirements, and exterior finishes of structures. 4. Requires the first floor of all structures to be at grade level. 5. Allows for an above-grade parking structure for a unified development of two or more adjacent building sites and establishes minimum standards for height limits, noise, lighting and exterior finishing materials. 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 ' • . • . . ! ti rte . 1 1 r ~~G"1f= - T TT J ' T 2 IW 77 I t r n n 7 J V. t Ij r~ t i r = 1! 1 Y ~ . k f ` r ,«-r ' .r 1771 ;T7 lF, zli njr 5{ '1[ ~'n Jy e 77 1 r , , 1 U t , l a; I ~ - t ' Y ,r~~"'• 'ORa1~•!~l T Vii' p•~~'t. ea6ror+~i eaas!ssef 1_ rr Is _ ~P S t ~zl i •r I TI _ i~ 1 l L • ~ T L ~ , t , [[M 771 1 _ W7 'i 7 r L41 ~ t z• r ^ '7 ~y.}wp I a t ~j,6 ~,a.._ t, ~ ~ j a ! . 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