HomeMy WebLinkAboutORD 1949 Amending the Zoning Ordinance re Conforming Building SitesCity of West University Place
Harris County, Texas
Ordinance No. 1949
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND CODE
OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS REGARDING CONFORMING BUILDING SITES; AND
CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO
THE SUBJECTS.
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 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repealed to the extent of the conflict only.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 and 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.
City Manager Michael Ross
CONSIDERED, PASSED, AND APPROVED on first reading on September 12, 2011.
CONSIDERED, PASSED, AND APPROVED on second reading, AND SIGNED, on
'-Se tember 26 0 11 .
e`s s
r A e l~ Signed: ° \ J Secretary Thelma Lenz Mayor Bob Fry 1l,
r~ a
Recommended:
Approved as to legal form:
Z2
City Attorney Alan Petrov
Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas 77005
August 22, 2011
Honorable Mayor &
Members of the City Council
City of West University Place
3808 University Boulevard
Houston, Texas 77005
Subject: Final report on a proposal to amend the Zoning
Ordinance and Code of Ordinances of the City of
West University Place, Texas ("City") relating to
CONFORMING BUILDING SITES.
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
clarify the minimum requirements to establish a legal building
site. This proposal amends Section 5-100(6) of the Zoning
ordinance to clearly establish that a conforming building site
must abut a constructed and approved vehicular access way that
is contained within a dedicated right of way.
The public hearing held on August 22, 2011 at 6:30 p.m. in a
joint session with City Council yielded very little comment from
the public.
The public hearing was closed and a special session of the
Zoning and Planning Commission was held on August 22, 2011
following the joint session with City Council. There were no
additional comments received and no changes to the proposal
requested.
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: Steve Brown, DeDe DeStefano, Bruce Frankel, Lauren
Griffith, Bob Higley and Sam Parikh voted "aye"; No "noes".
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By:
For the Commission
Proposed amendment - August 22, 2011
Amend Section 5-100 as follows:
Section 5-100. - Requirement for building site.
(a) Basic Criteria. Every structure must be located upon a building site meeting all of the
following criteria:
(1) The entire site must be contiguous and under common fee-simple ownership.
(2) The site must consist of one or more whole subdivided lots, excluding only: (i)
common use areas and (ii) areas lost because of public acquisition, adverse
possession, discrepancies in boundaries or similar cause.
(3) Common-use areas are excluded.
(4) The site may not include any area within another building site.
(5) The site must have the minimum dimensions prescribed by Table 5-1 and this
Article.
Exception: If, after the 1987 effective date, the Z&PC approves a plan, plat or
replat establishing a building site with smaller dimensions, the smaller dimensions do
not violate this Ordinance.
(6) The site must have a common boundary with a street area containing a
constructed roadway approved and accepted by the City, or, in a QMDS, with a
private street or other platted access way.
(b) Certain Exceptions. This section does not apply to: (i) fences, playground
equipment or landscaping structures, or (ii) non-building structures lawfully occupying
street areas, easements or similar areas.