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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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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.