HomeMy WebLinkAboutORD 1410 - ORD Relating Zoning and Land Use Amneding Schedule PDD-TH6
ORDINANCE NUMBER 1410
AN ORDINANCE RELATING TO ZONING AND LAND USE; AMENDING
SCHEDULE PDD-TH6 OF THE ZONING ORDINANCE OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS, WITH RESPECT TO SPECIAL
EXCEPTIONS FOR PARKING USE, AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT.
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WHEREAS, the City Council of the City of West
University Place, Texas ("City"), on October 12, 1987,
adopted on second reading the City's Ordinance No. 1298
("Ordinance No. 1298"), which was a comprehensive revision
and updating of the City's zoning ordinance; and,
WHEREAS, the City has operated under Ordinance No.
1298 for more than four years; and,
WHEREAS, the Zoning & Planning Commission has proposed
that one of the regulations in Schedule PDD-TH6 of the
Zoning Ordinance be amended so as to increase the
discretion of the Zoning Board of Adjustment in connection
with special exceptions for parking uses in the the
PDD-TH6 District (the amendment being to change one
word--"shallll--to PmayP); and
WHEREAS, the City Council and the Zoning & Planning
Commission of the City have held a joint public hearing on
October 21, 1991, on the proposed amendment of Schedule
PDD-TH6, after giving due notice, and at the hearing all
property owners, citizens and interested persons desiring
to be heard were afforded an opportunity to be heard, and,
WHEREAS, the City received a written protest to the
proposed amendment, which was timely filed on behalf of
Intercity Investment Properties, Inc. and
WHEREAS, the Zoning & Planning Commission has made a
final report to the City Council with respect to the
proposed amendment, in which the Commission discussed
several issues, including changes in conditions; and,
WHEREAS, the City Council has considered the report of
the Zoning & Planning Commission and is of the opinion
that conditions have changed as indicated by the
Commission, but the City Council is also of the opinion
that the proposed amendment will harmonize the provisions
of Schedule PDD-TH6 with the other provisions in the
zoning ordinance relating to special exceptions (e.g.,
Article 11), and
WHEREAS. the City Council has examined the
Comprehensive Plan and is of the opinion that the proposed
amendment is in accordance with such plan, including
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Ordinance Number 1410
particularly the plan's provisions for buffering and
protecting residential neighborhoods appearing in Section
2-02, and
WHEREAS, the City Council believes that the proposed
amendment, if adopted, would assist the Zoning Board of
Adjustment to carry out and apply the Comprehensive Plan
in case there are future applications under paragraph (d)
of Schedule PDD-TH6.
WHEREAS. the City Council is of the opinion that the
proposed amendment is in the public interest and should be
adopted,
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. That paragraph "(d)" (relating to an
additional use for parking) of Schedule PDD-TH6 of the
Zoning Ordinance of the City of West University Place,
Texas (Ordinance No. 1298, as passed on second reading
October 12, 1987 as amended to date) is hereby amended so
that such paragraph "(d)" shall read in its entirety as
follows :
(d) Additional Use.
The ZBA may issue a special exception for the use of
a building site for 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 facilities
(including landscaping, paving, lighting, signs, etc.)
and curbs cuts, all of which may be included as
conditions to the special exception.
Section 2. This ordinance applies from and after its
effective date. Any violations committed before the
effective date are governed by the zoning ordinance in
effect before the effective date. The zoning ordinance in
effect prior to the effective date is continued in effect
for this purpose and also for purposes relating to PNC
status and any other purpose required for the application
or interpretation of another provision of this
ordinance.
Section 3. All ordinances and parts of ordinances in
conflict herewith are hereby repealed to the extent of the
conflict only, except as otherwise specifically provided.
Section 4. If any word, phrase, clause, sentence,
paragraph, section or other part of this ordinance or the
Ordinance Number 1410
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 5. 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 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 6. This ordinance shall take effect on the
tenth day following its publication, as provided for in
the City Charter.
PASSED AND APPROVED ON FIRST READING this 28th day
of October, 1991.
Voting Aye:
Mayor Johnson, Councilmembers Kelly,
Duke, Jenkins and Lang
None
Voting No:
Absent:
None
PASSED AND APPROVED ON SECOND READING this 11th day
of November, 1991.
Voting Aye:
Mayor Johnson, Councilmembers Kelly,
Jenkins, Lang
None
Councilmember Duke
Voting No:
Absent:
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ATTEST:
Acti
City
(SEAL)
nance Number 1410
Signed:
Approved as to Form:
James L. Dougherty, Jr.
City Attorney