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HomeMy WebLinkAboutORD 1407 - ORD Calling a Joint Public Hearing ORDINANCE NUMBER 1407 AN ORDINANCE CALLING A JOINT PUBLIC HEARING BEFORE THE ZONING & PLANNING COMMISSION AND THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, WHICH HEARING SHALL RELATE TO A PROPOSAL TO AMEND ZONING ORDINANCE PROVISIONS APPLICABLE WITHIN THE RUSKIN TOWNHOUSE PLANNED DEVELOPMENT DISTRICT (UPDD-TH6 DISTRICT"); 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. WHEREAS, the Zoning & Planning Commission has made a preliminary report, by letter, with regard to a proposal to amend zoning ordinance provisions applicable within the Ruskin Townhouse Planned Development District, and WHEREAS, the City Council desires to hold a joint public hearing on that subject; NOW, THEREFORE, 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 Commission and the City Council of the City of West University Place. Texas (UCity"). Such public hearing shall be held in the Council Chambers, Municipal Building, 3800 University Boulevard, Houston, Texas 77005, beginning at 7:30 o'clock p.m. on Monday, October 21, 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 a proposal to amend zoning ordiance provisions applicable within the Ruskin Townhouse Planned Development District ("PDD-TH6 District"), which district lies along the south side of Ruskin Street between Weslayan and Academy Streets. According to the proposal, Paragraph "(d)" of Schedule PDD-TH6 (applicable to the PDD-TH6 District) of the City's zoning ordinance (Ordinance No. 1298, adopted October 12, 1987, as heretofore amended) would be amended by changing the thi rd word of the text from .. sha 11" to "may. II As so amended, such Paragraph would read in its entirety as follows: (d) Additional Use The ZBA m!l issue a special exception for the use of a building siteTor parking of motor vehicles in connection with nearby commercial activities upon approval by the ZBA of the types of vehicles to be parked, the design of the parking facil1ites (including landscaping, paving, lighting, signs, etc.) and curb cuts, all of which may be included as conditions to the special exception. 1 ~ .. 1 . :' III .... . ~ i OrdinanLe ~umb6r 1407 ~ection 3. Such proposed amendment has been submltted and is hereby r\!submittec. to the Zoraing & Plannit:g Commission for its consideration. Section 4. (a) The City staff is hereby authorized to give notlce of suc.h hearing. The notice shall include the date, time, place and subject of the hearing, and it shall be in substdntially the followlng form: hOTICE OF PUBLIC HEARIN' Notice is hereby given that a ~oint public hearing will be held before the Zoning & Planning Commission and the City Council of the City of West University Place. Texas (the "City") in the Council Chambers, Municipal Building, 3800 Umversity Boulevard, H(,uston, Texas 77005, beginning at 7:30 o'clock PM on Monday, October 21, 1991. The hearing may be adjourred or recess6d from time to time and from place to place. The purpose of suc~ hearing is to provide an opportunity for parties in intere!.t and citizens to be hedrd ln relation to a propusdl to amend zoning ordiance provisions applicable within the Ruskin Townhouse Planned Development Dlstrict ("PDD-TH6 District"), which district lies along the south side of Ruskin Street between WeslaYdn and Academy Streets. According to the proposal, Paragrllph U(d)" of Schedule PDD-TH6 (applicable to the PDD-TH6 District) of the City's zoning ordinance (Ordinance No. 1298, adopted October 12, 1987, as heretoTore amended) would be amended b) changing the third word of the text from "shall" to "may." A!" so amended, such Paragraph would read ln its entirety a!l follows: "(d) Addltional Use. The ZBA ma~b lS!ll.ae a special exception for the use of a uilding site for parking of motor vehlcles in connectior. with nearby cOAmercial activities upon approval by the ZBA of the types of vehicles to be parked, the design of the parking faclliites (includlng landscaping, paving, l1ghtlng, signs, etc.) and curb cuts. all of which may be included as conditions to the special e)\.ception." Additional information on the proposed amendment and the zoning ordinanct' may be obtaine6 at the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. ~igned and issued this , 1991. ddY of 2 Ordinance Number 1407 Isl 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 the affected zoning district or within 200 feet thereof (as shown in the City's most current ratepayer list as of September 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 the affected zoning district or within 200 feet thereof. 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. 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, 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, 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 confirms such notices and the contents and posting thereof. Section 9. The need to consider the important proposed amendment 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 3 : .. 1 - 'm 'J:' , inance Number 1407 before fi na 1 passage s and such s td te of emergency is hereby dec 1 , such rule 15 hereby suspendea. su as to allow this oy~inant( to be read once. at th"is meeting, before tinal ssage. This ordill&nCe effect upon ltS final passage a siynature. PASSED AND APPROVED this 30th day of ~tember , 1 1. Voting Aye: Voting No. Signed: ATTEST: Approved as to Form: Audrey Ni cho fs , Ci Secretary James L. Doug City Attorney , Jr., (SEAL) 4