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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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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.