HomeMy WebLinkAboutOrd 1750 - amend zoning ; regarding temporary corner site access
Ordinance No. 1750
AN ORDINANCE,AMENDING THE ZONING ORDINANCE OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS REGARDING TEMPORARY CORNER
SITE ACCESS; AND CONTAINING FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT.
WHEREAS, the City Council and the Zoning & Planning Commission (UZ&PC") 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 ("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 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 findsJ 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 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repealed to the extent of the conflict only.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 word, 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 Charter.
CONSDIERED, PASSED AND APPROVED on first reading on~~ /&7
)003 . #
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
~ CONSIDERED, PASSED AND APPROVED on second reading, AND SIGNED, on
~.7f ' ;ZJt>3.
. Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Recommended:
Mj
Reviewed:
City Attorney
----
Atte ~..--
C' Y ecretary (Sea"
Signed:
Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
Houston, Texas 77005
August 14, 2003
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 (~Cityn) relating
to temporary corner site access
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_
Existinq Ordinance~ The existing ordinance imposes special
restrictions on non-residential sites located on a major thoroughfare
(like Kirby or Bellaire) at the corner of a residential street.
Section 8-104 provides:
If a building site with a non-residential use abuts both a
residential street and a major thoroughfare, none of the
following may face, or be located adjacent to, the residential
street: (i) any building on the site, (ii) any primary entrance
to a building, or (iii) any structure or device designed to
provide goods or services. On such a building site, no sign,
driveway or curb cut may be oriented toward, or connected to, a
residential street.
The last sentence, combined with construction activities, could hinder
access in an way that was unanticipated. Recently, for example, the
City of Houston has announced a project to install a large storm sewer
and reconstruct Kirby Drive. Also, the City of Southside Place has
been planning a major reconstruction of Bellaire Boulevard~ Either of
these projects could cause unanticipated access problems for sites
along the major thoroughfares.
Scope of Proposa19 The proposal is to authorize temporary
access to corner sites, but only if there is ~a special City permit
. . issued in connection with nearby construction or other temporary
condition." Such ~ permit could authorize temporary access from the
side street, even though it might be a residential street. The exact
text of the proposal is attached.
Proceedinqs. Pursuant to public notices, the Zoning & Planning
Commission and the City Council held a joint public hearing in the
Council Chamber of the Municipal Building. The hearing provided an
opportunity for parties in interest and citizens to be heard in
relation to the proposal. City staff provided input to the Commission
and the Council and answered questions. The Commission has reviewed
the Comprehensive Plan. The Commission has considered all of this
information, and now recommends the proposal.
Recommendation. Based on the extensive review given this
proposal, the Commission: (i) finds that the proposed amendment, if
. adopted, would be in the public interest and consistent with the
Comprehensive Plan, (ii) finds that the proposed amendment reasonably
address circumstances which have arisen since the last comprehensive
revision of the zoning ordinance, (iii) makes its final recommendation
favorable to the amendment, and (iii) recommends that the City Council
adopt the amendment.
The Vote.
no
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By:
F~!t!.~~
Amendment to provide for
temporary access to
certain corner sites"
on major thoroughfares
6-12-03 (Z&PC preliminary repott1 Ularge tree" clause)
Amend Section 8-104
of the Zoning Ordinance
as follows.~
Section 8-104~ Non-Residential Sites And Buildings.
(a) Buildings, Entrances, Etc~ If a building site with a non-residential use abuts both a
residential street and a major thoroughfare, none of the following may face, or be located adjacent to, the
residential street: (i) any "building on the site, (ii) any primary entrance to a building, or (iii) any structure
or device designed to provide goods or services.. On such a building site, no sign, driveway or curb cut
may be oriented toward, or connected to, a residential street. ExcePtion: This does not apply to
temporary driveway access authorized by a special City permit'J if the permit is issued in connection with
nearby construction or other temporary condition. Such a permit may not have a term longer than two
years" may not authorize destruction of any large tree (see Code of Ordinances) and must require
restoration of the affected driveway area to its pre-existing condition.
(b) Buildings In C District~ If a building site with a non-residential use in the C District adjoins
a building site in a residential district, none of the buildings on the non-residential building site, and no
structure or device designed to provide goods or services, may face the adjoining building site~
(c) Building Materials. The materials of each building with a non-residential use must be of
equal grade and quality on all sides. No such building may have an exterior surface of mirrored glass.