Loading...
HomeMy WebLinkAboutOrd 1756 - amend zoning ; regarding zoning & planning commission City of West University Place Harris County, Texas Ordinance No. 1756 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING THE ZONING & PLANNING COMMISSION AND THE ZONING BOARD OF ADJUSTMENT; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT ~ WHEREAS, the City Council and the Zoning & Planning Commission ('(Z&PC") of the City of West University Place, Texas fICity") 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 amended thereafter C~Zoning Ordinance"); 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 it; 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 foJlowedJ 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 set out in the attachment to the final report of the Zoning & Planning Commission (attached as Exhibit A). 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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, clause, sentencel paragraph, section or other part of this ordinance to any other persons or circumstances1 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 discussionl 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 upon adoption and signature. PASSED, APPROVED AND ADOPTED on first reading on October 13, 2003. Councilmembers Voting Aye: Segal, Farley, Fogler and Woods Councilmembers Voting No: Mayor Ballanfant Councilmembers Absent: None PASSED APPROVED AND ADOPTED on second reading on d~~ 0- /12)'3 . Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Att~ ~ City Secretary (Seal) Recommended: ~ City Mager Signed: r?ue ~~ Mayor j/ Reviewed: .....",.. \ City Attorney ; . t Zoning & Planning Commission City of West University Place 3800 University Boulevard Houston, Texas 77005 October 13, 2003 Honorable Mayor & Members of the City Council City of West University Place 3800 University Boulevard Houston, Texas 77005 Subject: Final Report on a proposal to amend the Zoning Ordinance of the City of West University Place, Texas ('ICitytl) relating to appointment officers of the ZBA and the Z&PC To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its Final Report, on the subject proposall for the assistance of, Council as well as other interested persons. Final Report At the request of City Council, ZPC has considered Section 15 of the Zoning Ordinance as it pertains to the selection of officers for the Zoning & Planning Commission and the Zoning Board of Adjustment and conducted a Joint Public Hearing on a proposed change to the Zoning Ordinance. Based upon information presented at the Public Hearing held on October 13, 2003 and further deliberation by the Commission, ZPC recommends against adopting the change. Reasons for this negative report include those contained in the Preliminary Report which are: 1) the absence of an discernable problem; 2) support for a degree of independence from City Council for the Commissions and their leadership; 3) encouragement of cohesiveness within the Commissions; 4) the presence of better tools for dealing with interpersonal issues; 5) a history of satisfactory performance of the Commissions.. Additional reasons include: Consistency - To the extent there is a concern over having a consistent method for appointing the leadership of Boards and Commission, it seen as being equally valid to change the rules pertaining to the other commissions so that they parallel those of the ZPC and the ZBA. The current rules for ZBA and ZPC are believed to have been derived from historic procedures that were at least in part derived from prior statewide rules. They are thought to be consistent with those of most organizations and known to be consistent with the practices of the City of Re: Section 15d 1 ( Bellaire. There does not seem to be a compelling reason to do something different. Qualified Leadership - The fact a leader is appointed by City Council does not guarantee effective leadership. To the extent there is concern that each leader must be uniquely qualified for the position, City Council would be better advised to use its existing tools for redressing the actions of leaders who may not be performing in a satisfactory manner rather than changing the paradigm for selecting the leaders. Laissez Faire - Although the proposed change would give City Council discretion to either make the appointments or allow the leadership to be self-appointed by the Commissions, for the reasons given above, ZPC feels it preferable for City Council to exercise oversight or corrective authority rather than impose itself into the leadership selection process that has worked well for many years. Conclusion West U citizens and their City commissions (particularly the ZPC and ZBA) are best served when their presiding officers are selected by their fellow commissioners rather than appointed by City Council. Elected officers are more likely to have the support of their fellow commissioners and individuals willing to take on the task are likely to perform as responsible rather than possibly reluctant leaders. City Council appoints the commissioners and is usually in a position to veto their actions. City Council is also in a position to address any interpersonal situations that may arise, thereby ensuring the smooth functioning of all commissions. ZPC is concerned that white it is laudable for City Council to attempt to address something before it becomes a problem, they do so at the risk of creating a problem where there is none~ Therefore, ZPC recommends that presiding officers of the ZPC and the ZBA continue to be self-elected, and the- practice be considered for all other boards and commissions~ The Commission recommend~ against the attached draft amendment~ Respectfully submitted: Tne.. \I at-~ ~ --me. V ate ZONING AND PLANNING COMMISSION OF THE Dn C\ pprovaJ of fu15 CITY OF WEST UNIVERSITY PLACE, TEXAS r€t=Orr was (ll3 fb\ \cu)g~ CcmmlqrQ'lQ(tefS. By: l ~ ttiblf, .,. uJh t +-1 ock )_NeJ60ll ) ._~t 1 'Brown , (o+eq \ \a" e.) J no \\ noes j)J 'fu1d1e(. . @eex1+. Re: Section 15d 2 AmendlTlent relating appointment of ZBAlZ&PC officers 9-11-03 (revised alternate version) Amend Sections 15-*101 and 15-102 of the Zoning Ordinance as follows: Section 15-101. Zoning & Planning Commission. (a) N'L{mber~ Quorum. TIle Z&PC shall have tIle nUluber of l11elllbers appointed by tIle City Council from tilne to time, witllin tIle linlits prescribed by tIle Cllarter. A qu.orllm .is a majority of the melnbers appointed and holding positions whicll are 110t vacant, but never fewer than t11ree~ Eacll1uember of the Z&PC shall be appointed to a specific IlUlnbered positiol1, numbered frDIn HI H throllgll USr1 (pIllS t16t1 and r17,u if appoillted)~ (b) Qualifications. Eac11 appointee, at tIle time of appoilltlnel1t, 111llSt be a resident of tile City. A member WIlD ceases to be a residel1t of tIle City shall be deelned to l1ave resigl1ed and Inay be replaced at any time tllereafter, but slla11 contiulle to serve until tIle successor is appoillted and qualified.~ ( c) Terms. Eacll position has successive terms of office, with each term. begilmillg 011 Septel11ber 1. of eacll odd-nulnbered calendar year and extendi11g thTOllgh. Allgllst 31 of the llext followillg odd-l1Ull1bered calendar year~ Eacll lnelnber appointed shall serve for tIle specific terll1, or tile unexpired portioll tllereof, of tile specific positioll to whicl1 tIle l11el11ber is appointed.~ Melnbers sllall also serve after t11e expiratioll of a terl11 of office llntil a successor is appoillted and qualified. (d) Appoint'nents~ V acancies~ Appointments for upcoluil1g terms may be lnad.e 110 sooner tllan sixty days prior to the begilming of tIle term~ III tile event of deatll, resignation, rellloval from office or allY otller vacancy, a successor shall be appointed to serve tIle relnaining llnexpired portion of tIle specific term of office of tIle vacant positioll~ ( e) Renloval. T11e City Council may remove a luember for cause 011 a written cllarge after a pllblic 11earin.g~ (1) Officers~ TIle City COUI1Cil may provide for appointments of TIle Z&PC sllall select a presiding officer, a vice presidillg officer alld a secretary frOlll UlTIOng its l11ell1bers... and Inav allow one or lllore SllCl1 officers to be selected by tile Z&PC. (g) No Con1pensation. TIle members of tIle Z&PC sllall receive 110 cOlnpensatio:n for tlleir services~ Tllis sllallllot pro11ibit reinlbursement for actual and reasollable expellses illcurred by autllority of tIle city mal1ager or the City Council. Section 15-102. Zoning Board of Adjustment. (a) Number, Quorum~ The ZBA shall have the number oflnelnbers prescribed by the Cllarter. A quoflun is four~ Each mem.ber oftlle ZBA shall be appointed to a specific 11l1111bered .position, l1U1nbered as follows: regular :positions numbered from" 1 " throllgh ,. 5T1 and alternate positions numbered fraIn HA 1 H tlrrOU.gll rtA4." (b) Qualifications. Each appointee, at tIle tilue of appointment, lnllst .be a reside11t of tIle City. A mem.ber WI10 ceases to be a resident of the City shall be deemed to have resiglled and. may be replaced at allY tilue t11ereafter~ hllt sllall COl1tinue to serve Ulltil tIle Sllccessor is appointed and qllalified~ (c) Tern1s~ Eacll positiOll11as successive terms of office, witll eacll ternl begiru1illg 011 September 1 of eacl1 odd.:-l1umbered calel1dar year and extel1ding thrOUgll August 31 of tile l1ext followil1g odd-llumbered calelldar year. Each Inenlber appointed sllall serve for tIle specific terln, or tIle unexpired portion tllereof, of the specific positioll to whicll tIle luember is appointed. Members shall also serve after the expiration of a terln of office l111til a Sllccessor is appoillted and qllaIified. (d) Appointn1ents, Vacancies. Appointtuents for upcoming terms may be made 110 sooner tllal1 sixty days prior to tIle beginnil1g of the terlU. In tIle evel1t of deatll, resigllatio:n, reuloval from office or any other vacancy, a successor sllall be appoillted to serve tile rel11ainillg lUlexpired portioll of the specific terln of office of tIle vacallt positioll. ( e) Removal. The City COllncil ll1ay remove a member as provided in applicable state law. (f) Officers. TIle City Council may provide for appoillttnents Dfllie .presiding officer alld tIle vice presidi11g officer~ al1d n1ay allow OIle or botll such officers to .be selected by the ZBA. The ZB.t^J.. s11ull select a presidillg officer ('"vIla TIle presiding officer~ and tIle vice presiding officer wllile serving in place of the presiding officer.. shall11ave tIle authority of tIle "cllairll1al1~"1 and a '1:/ice presidil1g officer from amollg its members. (g) No Compensation. The melubers of tIle ZBA sIlall receive 110 cOffi!Jensatio11 for tlleir services. Tllis sllalI not prohibit reilnbllTsemellt for actllal and reasonable expellses iJ1Cllrred by autllority of tIle city mllilager or tIle City Council. (h) Office. The office of tile ZBA sllall be at the office of tile bllildillg official.