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HomeMy WebLinkAboutORD 1398 - ORD Calling a Joint Public Hearing Before Zoning * Planning Commission ORDINANCE NUMBER 1398 AN ORDINANCE CAllING A JOINT PUBLIC HEARING BEFORE THE ZONING & PLANNING COMMISSION AND THE CITY COUNCIL IN RELATION TO THE ZONING ORDINANCE OF THE CITY. PRESCRIBING AND APPROVING THE TYPE OF NOTICE TO BE GIVEN AND THE FORM OF NOTICE. CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE TEXAS: Section 1. There is hereby called a joint public hearing before the Zoning & Planning COIIIIIlssion and the City Council of the City of West University Place, Texas. Such public hearing shall be held in the Council Chambers, Municipal Building, 3800 University Boulevard beginning at 7:00 o'clock p.m. on Tuesday, May 28, 1991. Such hearing may be adjourned or recessed from time to time and from place to place. Section 2. The purpose of such hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the following: (A) a proposal to change the zoning district for those portions of building sites in the block bounded by Plumb Street, lake Street and Tangley Street which adjoin lake Street and which are now included in the Comnercial District from C (Commercial District) to SF (Single-Family District). (B) to create a separate single family residential zoning district to be known as "SF_2M which shall include all property now a part of Pemberton Addition (an area bounded by the south side of University Boulevard, the west side of Kirby Drive, the north side of Centenary Street and the east side of Wakeforest Street). The new SF-2 district shall have the same restrictions as set forth in current Section 7-100 of the City of West University Place Zoning Ordinance, with the exception that the Section on Site Criteria/Dimensions shall state the following: "Dimensions". Each building site must have at least one of the following sets of criteria: (1) It has a minimum width of 75 feet, a minimum depth of 105 feet and a minimum total area of 7,875 feet. or 1 . 0' I :om OIL. I.. l Ordinance Number 1398 (2) It: (x) was improved with a principal building completely on that site, which principal building was in existence on [date of enactment] and there was no need to use any additional land adjacent to the building site, (xx) has a minimum width of 50 feet and minimum total area of 5,000 square feet and (xxx) was created by a subdivision plat and not divided thereafter, except to provide public right-of-way, accommodate physical encroachments or as specifically allowed by Article 5. Section 3. Such proposed amendments have been submitted and are hereby resubmitted to the Zoning & Planning Commission for its consideration. Section 4. (a) The City staff is hereby authorized to give notice of such hearing. The notice shall include the date, time, place and subject of the hearing, and it shall be in substantially the following fom: NOTICE OF PUBLIC HEARING Notice is hereby given that a joint public hearing will be held before the Zoning & Planning CODIIlission and the City Counci 1 of the City of West University Place, Texas (the "City") in the Council Chambers, Municipal Building, 3800 University Boulevard, beginning at 7:00 o' clock PM on Tuesday, May 28, 1991. The hearing may be adjourned or recessed from time to time and from place to place. The purpose of the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the following: (A) a proposal to change the zoning district for those portions of building sites in the block bounded by Plumb Street, Lake Street and Tang1ey Street which adjoin Lake Street and which are now included in the Commercial District from C (Commercial District) to SF (Single-Family District); and (B) to create a separate single family residential zoning district to be known as ISF-2" which shall include all property now a part of Pemberton Addition {an area bounded by 2 Ordinance Number 1398 i) the south side of University Boulevard, the west side of Kirby Drive, the north side of Centenary Street and the east side of Wakeforest Street). The new SF-2 district shall have the same restrictions as set forth in current Section 7-100 of the City of West University Place Zoning Ordinance, with the exception that the Section on Site Criteria/Dimensions shall state the following: "Dimensions.. Each building site must have at least one of the following sets of criteria: (1) It has a minimum width of 75 feet, a minimum depth of 105 feet and a minimum total area of 7,875 feet, or (2) It: (x) was improved with a principal building completely on that site, which ~rincipal building was in existence on [date of enactment] and there was no need to use any additional land adjacent to the building site, (xx) has a minimum width of 50 feet and minimum total area of 5,000 square feet and (xxx) was created by a subdivision plat and not divided thereafter, except to provide public right-of-way, accommodate phYsical encroachments or as specifically allowed by Article 5. Additional information on the proposed amendments and changes and the zoning ordinance may be obtained at the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. Signed and issued this , 1991. day of /s/ City Secretary (b) The notice shall be published at least once in a newspaper of general circulation in the City at least 15 days prior to the date set for the hearing. Such notice shall also be sent to all utility ratepayers in the City within 200 feet of any property on which a change in zoning district boundaries is proposed (as shown in the 3 . 'J In .1. . I.. I Ordinance Number 1398 to. City's most current ratepayer list as of April 15, 1991) by depositing the same, properly addressed and postage prepaid, in a local post office on or before the eleventh day prior to the date set for the hearing. Such a notice shall also be sent to owners of real property within 200 feet of any property on which a change in zoning district boundaries is proposed, as such owners are shown on the last approved City tax roll, by depositing the same in the United States Mail, in the City, properly addressed with postage paid, on or before the eleventh day preceding the date set for the hearing. (c) The notice provisions of this section shall be in lieu of any other notice required by the Texas Local Government Code, as amended, or by any other statute or ordinance. Section 5. The City staff is authorized to make all necessary arrangements for said hearing and to assist the Zoning & Planning Commission and the City Council in connection therewith. 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. Section 7. Ordinance No. 1397 of the City of West University Place, Texas, which ordinance was adopted on April 22, 1991 and related to calling a public hearing for May 28, 1991, is hereby repealed. All other ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 8. The City Council officially finds, detennines 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, TEX. REV. CIV. STAT. ANN. art. 6252-17, 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 conf1nns such notices and the contents and posting thereof. Section 9. The need to consider the important proposed amendments and changes at the earliest possible date, with adequate prior notice being first duly given, creates an emergency requiring the suspension of the rule requiring the reading of ordinances at two regular meetings 4 Ordinance Number 1398 before fi na 1 passage, and such state of emergency is hereby decl ared. and such rule is hereby suspended, so as to allow this ordinance to be read once. at this meeting. before final passage. This ordinance takes effect upon its final passage and signature. PASSED AND APPROVED thi s 22nd day of ~_i~. 1991. Voting Aye: Voting No: Absent: Signed: Laura C. Higley, Mayor ATTEST: Approved as to Form: Audrey Nichols, City Secretary James L. Oougherfy-~~"Jr~ City Attorney (SEAL) 5