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HomeMy WebLinkAboutOrd 1802 - zoning ; depth and width measurements City of West University Place Harris County, Texas Ordinance No. 1802 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING DEPTH AND WIDTH MEASUREMENTS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS1 the City Council and the Zoning & Planning Commission C~Z&PC") of the City of West University Place, Texas (!lCity") 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 C~Zoning Ordinance"); WHEREAS, the Z&PC has made a final report to the City Council with respect to such proposalt 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 and now formally approves and adopts that report; 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 attachment 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only~ Section 3.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, cfausef 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 findsf 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~ NSIDERED, PASSED AND APPROVED on first reading on , ~r- Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: IDERED, PASSED AND APPROVED on second reading, AND SIGNED, on ~3 t ~,,~ Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: , ~ Signed: ecretary (Seal) Recommended: ~ PJJYY City Mager Approved as to legal form: J City Attorney r tJi).) . / . . ~ ' /\..I '.., ::.. Mayor Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 April 27, 2005 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 of the City of West University Place, Texas ("City") relating to DEPTH AND WIDTH MEASUREMENTS 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 proposal is to amend the definitions of "depthH and "width" in Article 2 of the Zoning Ordinance, as indicated in the attachment to this report. The principal purposes are to: (1) allow the building official to accept nominal site dimensions from a recorded plat; and (2) thereby, avoid putting sites into non-compliance when later surveys show the actual dimensions a few inches different from the platted dimensions; and (3) reduce the number of cases sent to the ZBA (for variances) when later surveys show minor discrepancies from platted dimensions; see note below about special exceptions. The proposal extends the approach that has long been used for "depth" measurements. Proceedings. Pursuant to public notices, the Zoning & Planning Commission and the City Council held a joint public hearing on March 28, 2005. The hearing provided an opportunity for parties in interest and citizens to be heard in relation to the proposal. At the hearing, City staff provided a slide show and additional input. At least one witness appeared and offered testimony, and there was some discussion. The Commission has considered all of this information and the Comprehensive Plan. At its meeting held on the date of this report, the Commission considered minor changes to the proposal. They are . included in the attachment to this report. The changes provide details and limitations about how the building official will apply the rules about dimensions. The changes also allow the ZBA to issue a special exception in some cases where nominal and actual dimensions are approximately the same. This will allow some applicants to obtain relief without having to show "special conditionsH and "hardship" as in the case of variances. Recommendation. Based on the extensive review given this proposal, the Commission: (i) finds that the proposed amendments, if adopted, would be in the public interest and consistent with the Comprehensive Plan, (ii) finds that the proposed amendments reasonably address circumstances which have arisen since the last comprehensive revision of the zoning ordinance, (iii) makes its final recommendation favorable to the amendments, and (iii) recommends that the City Council adopt the amendments.. The Vote. This report was authorized by the Commission at its meeting held on the date of this report. The vote was as follows: Commissioners 'Br(Xu()/:J:na.ha..j'5leWo.r-I--) tlorowrtz.)Pas5tAmtinD)&irfFvoted "aye;" no "noes;" AJ>S5 absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: ~~ For the Commission Amendment relating to depth and width and measurement (Definitions) 4-27-05 Amend the definition of "depth" as follows: Depth. With respect to the depth of an area, the average horizontal distance .between the front and the rear. For irregularly-shaped building sites, the depth is deemed to be equal to the average distance from the front street line to the rear or side of the site when the distance is measured perpendicularly from points along the front street line~ For purposes of determining the depth of the front )'urd, the nominal depth of a building site sho'~vn on any' recorded plat shall . control O'y7cI'the actual measured depth. For this purposc~ For nurnoses of determining cOffioliance with the minimum. dimensions of a building site (onlv)ot the building official may accept the nominal dimensions of a building site as shown on the current a-recorded plat in lieu of the actual measured dimensions'l when: (i) they are both dimensions are obviously intended to describe the same site. and they do not differ by more than six inches.. or (ii) the ZBA has issued a special exceotion. based upon a findinQ that both dimensions are intended to describe the same site and are approximately the same~ Amend the definition of "width" as follows: Width~ In the case of a building site, the length of the front street line.. For this purpose__ For numoses of determining compliance with the minimum dimensions of a building: site (only)",- the building official may accept the nominal width of a building site as shown on the current a record.ed plat in lieu of the actual measured width~ when: (i) they are both dimensions are obviously intend.ed to describe the same site, and thev do not differ bv more than six inches.. or (ii) the ZBA has issued a special exceotion.. based upon a finding that both d.imensions are intended to describe the same site and are approximately the same~