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HomeMy WebLinkAboutOrd 1785 - zoning ; planned development districts \- .. City of West University Place Harris County, Texas Ordinance No. 1785 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING PLANNED DEVELOPMENT DISTRICTS; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY~ WHEREAS, the Zoning and Planning Commission C~Z&PC~) of the City of West University Place, Texas (HCity") 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, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the Z&PC's preliminary 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 calt a joint public hearing on such proposaJ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduledJ the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on March 28, 2005. The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p~m. on April 11, 2005 at the same place, unless rescheduledA The City Manger may reschedule the hearing or the recess date, or both, to accommodate other pending matters, but the rescheduled date(s) may not be later than 30 days past the dates set by this ordinance. 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 ordinancet (2) hearing as called by this ordinance, (3) report by the Z&PC, 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 shaH give notice of such hearing as prescribed by this section. The notice shall be in substantiarly the form set out in Exhibit 81 which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper (or another newspaper of generar circulation in the City) at ~east 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 the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter, or with utility bills or may be separate. 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 possibre amendments to afl interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. 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~ cfause, sentencet paragraph ~ section or other part of this ordinance to any other persons or circumstances shall 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 finds1 determines and declares that sufficient written notice of the date, hourI 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 5511 Texas Government Code~ as amendedl and that such meeting has been open to the public as required by law at aU times during such discussion, 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 '8 vitaUy 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 ordinance shaH be adopted frnaHy on first reading and shaH become effective immediately upon adoption and signature. PASSED, APPROVED, ADOPTED AND SIGNED o~~ /Y ,20 ~ _.- Atte~tfS. .. -. Signed: . it Secretary ~ Mayor ;:a;;~ City Manager codes\wu p\54 0 CALLI NG Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 13 , 2005 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") relating to planned development districts ("POD's") 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 9 of the Zoning Ordinance to provide more flexible rules for PDD's, especially in the C District. A copy of the proposal is attached. The proposal would: (1) allow the possibility of zero front yard setbacks in the C District (for example, where a pedestrian- oriented building might be built on the sidewalk); and (2) allow two or more owners in the C District to join together to apply for a POD (currently, all the land must be owned by one person); and (3) modify the square footage requirements for the smallest POD's.. 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 proposal, if adopted, would be in the public interest, (ii) makes a preliminary recommendation favorable to the proposal, (ii) 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 vote on approval of this report was as follows: Commissioners Brow(}, i1t;rowitz) 'RtS5c:und11 OflC\ f?1=Jt5fF voted \\ aye; /I no \'noes; 11 ReS;, J..nlLbcLD.tlCi sietLa.(f absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: ~~~ For the 'ommission Amendment regarding Planned Development Districts (PDD's) 12-9-04 ARTICLE 9. PLANNED DEVELOPMENT DISTRICTS Section 9-100. Purpose~ The purpose and intent of this article is to provide a flexible, alternative procedure to encourage imaginative and innovative designs for the unified developlnent of property in the City, with overall use regulations as set forth below and in accordance with the Cityts comprehensive plan. A planned development district is designed: (i) to allow development other than single family (detached) uses which is harmonious with close proximity to SF Districts and will provide a benefit to residents of the City; (ii) to enhance and preserve areas which are unique or have outstanding scenic, enviromnental, cultural or historic significance; (iii) to provide an alternative for more efficient use of land, resulting in smaller utility networks, safer streets, more open space, and lower construction. and Inaintenance costs; (iv) to encourage harmonious and coordinated development, considering natural features, COmlTIunity facilities, circulation patterns and surrounding properties and neighborhoods; (v) to facilitate the analysis of the effect of development upon the tax base, the local economy, population, public facilities and the environtnent; and (vi) to require the application of professional planning and design techniques to achieve overall coordinated developlnents and avoid the negative effects of piecemeal or unplanned development Section 9-101. Certain regulations. Within a PDD, the applicable regulations shall be described in the corresponding PDD schedule~ A PDD schedule must require a lninimum setback from the front street line on each building site offive feet, except for PDD's established in the C District A PDn schedule .may include the following land uses, and no others, detennined by the pre-existing district in which the PDn is proposed: (1) In a SF District: single-family (detached) use only. (2) In a non-SF residential district: any use pennitted in the GR-2 District (3) In a non-residential district: any use permitted in the GR-2 District or the C District. Section 9-102. Site criteria. A person applying for the establishment of a PDD must own the entire area subject to the application. Excevtion: In the C District.. two or more persons may own the area subiect to the application" ifthev iointly apply for a single PDD~ The area m list include either: (i) 40,000 square feet or more, all contiguous or separated only by a street, or (ii) 20,000 30jOOO square feet or more, all contiguous and conlposed of one 01 11101" parcels pleviously owned 5epalatGly~ Section 9-103. Procedures. (a) Submissions. The applicant must su.bmit a development plat (which may be the same as a plat submitted under another ordinance of the City, if allowed by such other ordinance) and a development report containing a general description of the proposed development and an analysis of traffic patterns, street areas, drainage, utilities, and maint enance of public spaces, together with any additional items the building official or the Z&PC may reasonably request (b) Processing. The processing procedure for approval of a PDD shall be the same as for an amendment to this ordinance~ If a PDD is approved, the Zoning District Map shall be amended to show the PDD boundaries, and a PDD schedule shall be added to this ordinance to provide the necessary regulations~ (c) Review; No Entitlement. The review of a PDD, like all amendments to zoning ordinances, involves extensive procedures and legislative weighing of competing policy considerations. Therefore, no person is guaranteed or assured that a PDD either will or will not be acted upon favorably or within any given period of time, and no person shall ever be entitled to the approval of a PDD under any cirCUlnstances. ~ . Exhibit B NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas C'CityU) will hold joint public hearings in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6:30 PM on March 28, 2005. Each hearing may be recessed and continued to the City Councif meeting set to begin at 6:30 p.m~ on April 22, 2005, at the same place. The purpose for the hearings is to provide an opportunity for parties in interest and citizens to be heard in relation to proposed amendments to the City's Zoning Ordinance, as follows: {INSERT DESCRIPTION OF ALL PROPOSED AMENDMENTS WITH HEARINGS SET FOR THIS MEETING} Planned Development Districts. This amendment would: (1) anow reduced front setbacks in planned development districts (PDD's) rn the C (commercial) District~ (2) allow two or more owners to apply for a POD jointly and meet minimum size requirements: and (3) raise the minimum size for POO'S from 201000 square feet to 30JOOO square feet and eliminate a requirement for prior separate ownership. Additional details on the proposed amendments as well as the Zoning Ordinance are aU 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. No amendment may be adopted until after notice and hearing, and any amendment adopted would control over any inconsistent provision in the current Zoning Ordinance. /s/ Kay HaHaway, City Secretary Date: