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Home My WebLink AboutOrd 1811 - amend zoning ; regarding building official City of West University Place Harris County, Texas Ordinance No. 1811 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING THE BUILDING OFFICIAL AND THE ADMINISTRA liVE OFFICIAL; 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 C~City") has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of the CitYt as last reformatted and re- adopted by Ordinance No. 1672 ~ adopted March 12, 2001, and as amended thereafter reZoning 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 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 calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal BuildingJ 3800 University Boulevardt West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p~m. on October 24, 2005. The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p~m. on November 14, 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 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 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 City's official newspaper (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 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 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 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, 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 in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Councif officially finds, determ ines and declares that sufficient written notice of the date) hour1 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 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 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 ~~ ~ ,200J~ Attest/Sea ~ Signed: I y Secretary ~~~/ City Man ger City Attorney codes\updates to 2003 ed\54ocalUngFRAMED AREA, ZPC prelim report 5-4-04 Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 September 8, 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 (UCity") relating to the building official and the administrative official 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 the Zoning Ordinance so that every reference to "building officialH would read "administrative official.u The existing definition of ubuilding official" would be deleted, and the following definition would be added: Administrative official~ The person designated as such by the City Manager. The purpose is to allow more administrative flexibility in the Department of Public Works. For example, the City Manager could designate the building official as the administrative official (as in the past), or the City Manager could separate the two functions by designating a different person as the administrative official. 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 ofth~~ repqrt was as follows: Conunlssioners ))rouJn) k';ewf~:r\'\~R.lfbijrtWOltnCl6\ewlu1- voted "aye; It no "noes; It 'R059 Mil \!bfDltH'h.:. absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: ~~ ~-- For the Commission t t . Exhibit B NOTICE OF PUBLIC HEARING The Zoning & Planning Commission and the City Council of the City of West University Place) Texas ("City") will hold a joint public hearing 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 October 24, 2005~ The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on November 14, 2005, at the same place~ The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to a proposal to amend the City's Zoning Ordinance, as follows: Building official and administrative official. The proposal is to amend the Zoning Ordinance- so that every reference to ubuilding official" would read "administrative official. n The existing definition of ubuild ing official" would be deleted, and the term uadministrative official" would be defined as Uthe person designated as such by the City Manager." Additional details on the proposal as well as the Zoning Ordinance are all available for public inspection in the Municipal Buildingt 3800 University Boulevard, Houstont Texas 77005. The proposed amendment would be generally applicable within the City, and any person interested in such matters should attend the hearings. The proposal may be adopted only after notice and hearing, and it would control over any inconsistent provision in the current Zoning Ordinance. /sl Kay Holloway, City Secretary Date: