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HomeMy WebLinkAboutOrd 1782 - zoning ; old stock housing ~. ... City of West University Place Harris County, Texas Ordinance No. 1782 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING OLD STOCK HOUSING; 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 ("City") has submitted a prenminary 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 OrdinanceU); 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 call a jojnt 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 calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unress rescheduJed~ 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 J 2005 at the same place, unless rescheduled. 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 ordinance, (2) hearing as called by this ordinance1 (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 consjderation~ Section 4.. The City Secretary shall give notice of such hearing as prescribed by th is section. The notice shall be in su bstantiaJly the form set out in Exh ibit B) wh ich is attached and made a part of this ordinance by reference. The notice shari be published in the City's official newspaper (or another newspaper of genera\ circu~ation in the City) at least once on or before the 16th day preceding the date of the hearing. In additionl 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 man 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 arso provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make afl 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 circumstancet shall ever be held to be invalid or unconstitutionar 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. All ordinances and parts of ordinances jn conflict herewith are hereby repealed to the extent of the conflict only. Section 7~ The City Council officialJy 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 5511 Texas Government Codet as amended} and that such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifiesJ 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 ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED, APPROVED, ADOPTED AND SIGNED on~ /..f/',20 2Jf AttesUS igned: rty ecretary ~~ City Ma ager City Attorney codes\wup\54 0 CAL UN G Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 , 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 (~CityH) relating to old-stock housing 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 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. 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 Brou..'Oj HoroW(tz., Pa65arnM and J2elofF voted "aye i If no "noes i If rno.bo...) 'tbcs )DnClS\elillf\- absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: c'........ /) OS '~~ ~ For the Commission Amendments relating to 'lold stock housing" (Definitions) 1~12~05 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., (ii) the grOSS floor area of all buildings on the site does not exceed. twice the gross floor area of all the buildings as they existed 40 years previously. Add the following at the end of Article 11: Section 11-104. Variances for old stock housio1!_ The ZBA Inay 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 then exists or as it may be proposed to be remodeled or expanded (up to a total gross floor area~ for all bu:ildings~ that is twice the gross floor area of all the buildings as they existed 40 years previously). Add a new note 6 to Table 7-3: Note 6. Old Stock Housing~ ZBA may issue a special exception to reduce the open area requirement in the rear vard<t 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 ~ross .floor area<t for all buildings.. that is twice the gross floor area of all the buildings as they existed 40 years previously); and (ii) there will be no substantial adverse impact upon nearby properti es. 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 soecial. exception to authorize proTection of buildings and attached structures into a side yard., rear yard or an SF Buffervard~ if the ZBA determines: (i) the projection is reasonably necessary to preserve or protect old stock housin12; 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, that is twice the gross floor area of all the buildin~s as they existed 40 years previously)~ 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: (d) Pertnissive 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 structures or in the protection or preservation. of old stock housing (as such housing then exists or as it maybe proposed to be remodeled or expanded~ up to a total gross floor are~ for all buildings, that is twice the gross floor area of the buildings on the site as they existed 40 years previously) ~ (2) Whether the application involves remedial work necessary to bring a structure into compliance with applicable ordinances. (3) Whether there are other similar circumstances in existence. >'". < . , Exhibit B NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place} Texas (UCity") will hold joint pubric hearings in the Council Chamber of the Municipal Buifding, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6:30 PM on March 281 2005. Each hearing may be recessed and continued to the City CouncH meeting set to begin at 6:30 p.m. on April 11, 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] Old Stock Housing. This amendment would: (1) define uold stock houslngU by age (over 40 years) and maximum sizes~ (2) allow protection and preservation of old stock housing to be considered in con nection with variances~ not on Iy from the zon i ng ord inance but a Iso other ordinances; and (3) allow speciaJ exceptions for existingl remodeled or expanded old stock housing inside yards I rear yards and certai n bufferyards. Additional details on the proposed amendments as well as the Zoning Ordinance are all avanable for public inspection in the Municipal Building} 3800 University Boulevardt 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 Holloway, City Secretary Date: