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HomeMy WebLinkAboutOrd 1798 - zoning ; regarding old stock housing f' City of West University Place Harris County, Texas Ordinance No. 1798 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING OLD STOCK HOUSING; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning & Planning Commission C~Z&Pcn) of the City of West University Place, Texas ("City") 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 ('Zoning OrdinanceU); WHEREAS, the Z&PC has made a final report to the City Council with respect to such proposal, 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 Ordinancel 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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 wordJ phrase, clause, 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 finds, 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 CharteL NSIDERED, PASSED AND APPROVED on first reading on 7' , Jb51 s-:' Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: IDERED, PASSED AND APPROVED on second reading, AND SIGNED, on ;;;,.s ,~~ Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Att __ Signed: Ci ecretary (Seal) Bud: Rff!1if" Mayor I Recommended: I nager J~~ Approved as to legal form: City Attorney Exhibit A Zoning & Planning Commission City of West University Placet 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 OLD-STOCK HOUSING 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 various provisions of of the Zoning Ordinance and Chapter 6 of the Code of Ordinances to allow more regulatory flexibility for "old-stock housing," which generally would mean smaller houses more than 40 years old. Key provisions would: (1) allow the ZBA to consider preservation of old stock housing as a factor in granting variances; and (2) allow the ZBA to issue special exceptions for additions to old stock housing in side and rear yards; and (3) allow the BSe to consider old stock housing when it considers variances from other regulatory ordinances. A copy of the proposal is attached. 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 two witnesses appeared and offered testimony, and there were questions from Council. 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, which are included in the attachment to this report. 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 repo!t. The vote was as ~~~~ follows: Corrunissioners ~ ..6'~~~~~ss'~e "aye;" no "noes;" "",f'&ffS:... absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: ~s~ For the Commission Amendments relating to "old stock housing" . (Definitions) 4-27-05 Add a definition as follows: Old stock housing. One or more buildings on a site meeting all the following criteria: (i) the principal building was built .more than 40 years previously with a gross floor area of 1 ~ 700 square feet or less'! and (ii) the gross floor area of all buildings on the site does not currently . exceed 3.400 SQuare feet~ does not cx:cced nvicc the gross floor urea of all the buildings.. as thc:.y existed 1 0 }~ars pre-':yTiously.. Add the following at the end of Article 11: Section 11-104. Variances for old stock housine. The ZBA may consider protection or preservation of old stock housing as a factor in determining whether the "hardship" test for a variance is met~ either for such housing as it the.u exists or as it may be proposed to be remodeled or expanded (up to a total gross floor area~ for all buildings.. of 3 ~400 sauare feet~) that is tv/ice the gross floor area of all the buildings.. as the)' cicistcd 1 0 )~ears prc~{iousl~{~ Add a new note 6 to Table 7-3: Note 6. Old Stock Housing. ZBA may issue a soecial exception to reduce the open area requirement in the rear yard., if the ZBA determines: (i) the reduction is reasonably necessary to preserve or protect old stock housing as it then exists or as it may be proposed to be remodeled or expanded (up to a total gross floor area.. for all buildings 'I of 3,400 sauare feet); that is ~ the gross floor area of all the buildings. as they eicistcd 10 )rcars prc~{iously..): and (ii) there will be no substantial adverse impact upon nearby properties.. Add "See Note 6" in the rear yard open area box of Table 7-3. Add a new note 13 to Table 7-6: Note 13. Old Stock Housing. ZBA may issue a s-pecial exception to autllorize projection of buildings and attached structures into a side yard~ rear yard or an SF Bufferyard~ if the ZBA determines: (i) the projection is reasonably necessary to preserve or protect old stock housing as it then exists or as it may be proposed to be remodeled or expanded (up to a total gross floor area't for all buildings~ of 3..400 sou.are feet): that is -r~-vicc the gross floor area of all the buildings. as the)T existed 40 years pre'v'iously..): and (ii) there will be no substantial adverse impact upon nearby properties. Add "See Note 13" in every box of Table 7-6 that restricts buildings or attached structures in side yards, rear yards or SF Bufferyards. (optional) Amend Section 6.206(d) of the Code of Ordinances as follows: c.. (d) Permissive Factors. In considering a variance, the BSC may take the following into account: (1) Whether the variance will assist in the protection or preservation of historic structure historic structures or in the protection or preservation of old stock housing (as such housing then exists or as it may be proposed to be remodeled or expanded"! up to a. total gross floor area~ for all buildings~ of 3..400 square feet)~ that is t\,yice the gross floor area Dillie buildings on the site. as they e),isted 40 years prc~/iou.sl:{~) . (2) Whether the application involves remedial work remedial work necessary to bring a structure into compliance with ~pplicable ordinances. (3) Whether there are other similar circumstances in existence..