HomeMy WebLinkAboutOrd 1693 - zoning; building site definition Ordinance No. 1693 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING BUILDING SITE DEFINITION; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission (UZ&PC") of the City of West University Place, Texas r~City") has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and re-adopted by Ordinance No. 1672, adopted March 12, 2001 ("Zon ing Ord inance"); and WHEREAS, the Z&PC's report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby cans a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. The hearing shalt be held in the Councif Chamber of the Municipal Building, 3800 University Boulevard, West University Place~ Texas 77005 during the City Council meeting set to begin at 7:30 p.m. on September 24~ 2001. The hearing may be recessed and continued to the City Council meeting set to begin at 7:30 p.m. on October 8, 2001 at the same place~ Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A. Section 3.. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PCJ and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance~ The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration~ Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the Village News (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing~ In addition, the notice shall be mailed to the persons on the mailing list for a regular edition of the City Currents newsletter. The notices shall be deposited in the United States mail on or before the ninth day preceding the date of the hearingJ properly addressed with postage prepaid. The notices may be included within the newsletter or may bE separatea The City Council specifically approves giving combined notice of two or more hearings in a single notice document) as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Plann"ing Commission and the City Council. Section 6. If any word, phrase, clause, sentenc81 paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shan ever be he'd 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 shalf not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. 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, Chapter 551 ~ Texas Government Code, as amended, and that such meeting has been open to the public as required by law at all times during such discussiont consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordrnance shaH be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED, APPROVED AND ADOPTED on ~~ eX 7/ ' 2001. AtlesilSe ~ ity Secretary....... ayor ~ Recommended:4).... .J)u".fl ~ager Reviewed: City Attorney Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard Houston, Texas 77005 August 8, 2001 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") regarding building site definition To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its preliminary report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. The proposal is to amend Article 5 regarding the definition of ~building sites." The definition is important because they are used to determine the minimum site sizes as well as the rules that allow some building sites to be subdivided. The proposal would help reconcile two different provisions in the ordinances, which should provide more clarity. It would also reverse previous decisions that disallowed the separation of two adjacent lots that once were separate but had been put back together under common ownership. See the attachment to this report for the exact wording of the amendment. Preliminary Recommendation. Based on the limited review given this matter so far, and subject to further review following public hearing, the Commission: (i) finds that the proposed amendment, if adopted, would be in the public interest, (ii) makes a preliminary recommendation favorable to the amendment, and (iii) recommends that the City Council call a joint public hearing to consider this matter. The Commission invites all interested persons to participate in the joint public hearing. The Vote. The following members of the Commission approve this preliminary report: All Commissioners voted ~aye" except Commissioners H~le}l and Kelly (J.98ElRt-} I N~\JcV\ (WI) ~ ~~ ~ vole4. l(V\~t( ov-..( ~sSf~ lwl.jun. (c) o.J... 15ov~ v.M ~ f\A9r rve-~~ Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS /"} J ./ ./' ...j. / /1 By: /5;~ev -~~::,>/~"~, -;~/ For the Commission c0108:\54ocallingbldgsite Amendment regarding "building site" definitions and details 8-8-01 Amend two definitions~ as folJows: Building site~ See Article 5. An Haldu buildil1g site :was is eitller: (i) a bllildil1g site established \-vit],. its present boundaries before October 24, 1987 or (ii) a bllildillg site consistil1g of OIle or 1110re vvhole Sllbdivided lots (see, e.)Z., Sectiol1 5-1 02)~ A rt11ew" btlilding site is any otller bu.ildillg site. Note: This would reconcile two different provisions in the ordinance. Subdivided lot~ A lot or parcel Wl1icll was: (i) created or desigl1ated by plall, plat or replat approved by tile appropriate City body as required by the Texas Local Goverrul1ellt Code or .previou.sly applicable state law, including Texas Revised Civil Statlltes Arnlotated., art. 974a; or (ii) ill existellce as a separately owned and separately described lot or parcel contil1u.Ously' since on Septem.ber 12, 1983. Note: This would reverse previous decisions about unplatted ured-fJag" lots being put back together~ Exhibit B NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place. Texas ("City") will hold joint public hearings in the Council Chamber of the Municipal Building l 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 7:30 p~m~ on September 24, 2001. The hearings may be recessed and continued to tile City Council meeting set to begin at 7:30 p~m. on October 8, 2001 at the same place. The purpose for the hearings is to provide an opportunity for parties in interest and citizens to be heard jn relation to proposals to amend the City's Zoning Ordinance, as follows: (1) Building Site Definitions: The proposal is to amend two definitions in Article II C~building site" and usubdivided lot"). The amendment of ubuilding site" would reconcile two different provisions of the ordinance to clarify, not change. The amendment of usubdivided lof' would allow some old unplatted lots to be joined under one owner and later re-divided into separate building sites~ Note: Currently~ only platted lots can be re- divided after they are joined~ This amendment would treat the old unplatted lots the same~ (2) Front Street Line Definition (Corner Sites): The proposal is to amend the definition of "front street line" in Article IL It would authorize the building official to determine the Hfront street linen for a corner site, according to listed criteria. The criteria would include: (i) designations by a board or commission, (ii) platting, access, size, shape] historic development, and compatibility with surroundings, (iii) use of the property and length of street frontage, and (iv) presence of a major thoroughfare. Note.F The location of the front street line determines the orientations and depths of required yards (front, side and rear) . (3) Predominant Front Yard Depth (SF~1 District). The proposal is to Amend Table 7-2 to require deeper front yards (sometimes called ~{setbacks") for some sites in the SF-1 District. Note: SF-1 includes most of the old West University Place First Additiont south of University Boulevard. Deeper front yards would be required along those blocks where a upredominant front yard depth" is indicated by the dimensions of most of the lots along the block. Example: If half or more of the lots along a block are deep (150 feet)} the "predominant front yard depth" would be 30 feet. The 3D-foot front yard depth would then apply to all lots along the block, including those smaller lots that would otherwise have 20 or 25-foot-deep front yards~ Additional details on the proposals as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed amendments would be generally applicable within the City, and any person interested in such matters should attend the hearings. The proposals may be adopted only after notice and hearing~ and they would control over any inconsistent provision in the current Zoning. Date: Is/Kay Holloway, City Secretary