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HomeMy WebLinkAboutOrd 1749 - amend zoning ; regarding zoning and planning Ordinance No. 1749 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 ZONING & PLANNING COMMISSION AND THE ZONING BOARD OF ADJUSTMENT; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission (UZ&PC)}) of the City of West University Place, Texas ("City") has submitted a preliminary 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 (UZoning Ordinance"); and WHEREASf the Z&PC's report is attached to this ordinance as Exhibit A and made a Pi3rt of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; l 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 Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:00 p4m. on October 8f 2003. The hearing may be recessed and continued to the City Council meeting set to begin at 6: 30 p. m. on October 13, 2003 at the same place, un less resched u led. 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 shan 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 considerationA Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit Sf 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 newslettera The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearingf properly addressed with postage prepaid. The notices may be included within the newsletter 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, clausef 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 wordt phrasef 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 Council officially finds, determ ines 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 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 discussiont 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 AND ADOPTED on ;;".;2t#L/~-o /3 ,20&3, /' Signed: f0& ~tt;~ Mayor Recommend~ JJI~ City Man ger City Attorney Zoning & Planning Commission City of West University Place 3800 University Boulevard Houston, Texas 77005 September 11, 2003 Honorable Mayor & Members of the City Council City of West University Place 3800 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the Zoning Ordinance of the City of West University Place, Texas ("City") 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 preliminary report, on the subject proposal, for the assistance of Council as well as other interested persons. Preliminarv 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. The request was presumed to be an initiative by City Council to improve the performance and to gain more control over the commissions. A review of the performance of these commissions did not reveal any negative issues and, to the contrary, performance was considered to be very good by every measure~ In the absence of any reason to change the status quo, the ZPC finds the current provisions of the relevant articles are the preferred method for determining the leadership of these Commissions and recommends they not be changed. The sections of the Zoning Ordinance that were specifically reviewed are shown below: Section 15-101. Zoning & Planning Commission. (f) Officers~ The Z&PC shall select a presiding officer, a vice presiding officer and a secretary from among its members~ Section 15-102" Zoning Board of Adjustment. (f) Officers. The ZBA shall select a presiding officer (who shall have the authorJ1y of the "chairman'1 and a vice presiding officer from among its members. Re: Section 15c Among the considerations made in arriving at the conclusion are: No Problem.. There are no known performance related issues with either of the commissions being considered. Absent a problem, it seems unwarranted to change the procedures~ Independence - In the interest of establishing a degree of "checks and balances" within City government, a certain independence should exist between these commissions and the City Council. City Council appoints the members but most of the day-to-day work of the commissions is controlled by State Law and City Ordinances~ Citizens are best served by commissioners who are independent, in that they can and do bring a consistency of approach to administering ordinances that is not easily swayed by "hot button" issues that might unduly influence City Counselors. In some ways, such independence can provide welcome Upolitical cavern for City Council on sensitive issues, cover that can be overridden if not desired. Having the presiding officers of those commissions appointed by City Council increases the chance that they will be delegates of City Council and thereby diminishes that independence~ Cohesiveness - These commissions (or any commission) are only as good as their members. One way to encourage teamwork among the commissioners is for the teams to choose their own leadership~ In that process, it is likely that the best (or one of the best) commissioners will rise to those positionsJ reinforcing both the sense of teamwork and the quality of leadership that is offered. Interpersonal Issues "" From time to time, presiding officers may develop issues with members of the commission, staff or City Council. That is only bad when it impedes the proper function of any body or when the differences are interpersonal rather than professional~ Should an interpersonal situation arise that impedes the normal function of any City body, issues with that person (or the offending counterpart) should be addressed by City Council~ ZPC does not see appointment of presiding officers by City Council as assuring that such problems won't arise. In factI such problems could be caused when appointments are made that may be against the will of a commission. History and ZPC Empirical Test - It is understood that the current provisions were derived from previous laws that were codified in the Zoning Ordinance a few years ago. From everyone's memory, they have served the ZPC (and presumably the ZBA) well~ For example, ZPC has just concluded a two-year term presided over by Charles Nelson and Stephen Pohl, who were clearly the superior candidates for the position when they were chosen from among the other commissioners~ The value of their mandate to lead was demonstrated by smoothly run ZPC meetingsJ which produced much meaningful work. Most of the ZPC recommendations were endorsed by City Council but some were rejected~ The fact there were rejections is seen as serving the public well by illustrating that ZPC opinions are not simple I1rubber stampsU of City Council views. City Council always has a veto, which is it should be, but the prospect of rejections Re: Section 15c 2 should not preclude good independent views on an issue from being exploredJ something that could be lost with a Council-appointed presiding officer. Conclusion The citizens and the 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~ Cjty CouncH js also in a position to address any jnterpersonaJ situations that may arise, thereby ensuring the smooth functioning of all commissions. 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 recommends against the attached draft amendment. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: '-~tvhle, ~ For the Commission Re: Section 15c 3 Amendment relating appointment of ZBAIZ&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) Number, Quorunt. TIle Z&PC sllallllave tIle l1umber of Inelnbers appointed by tIle City COl111Cil fralll time to tiule, witllil1 tIle limits prescribed by the Charter. A qllOfUill. is a luajority of tIle Inembers appoillted alld.llo1ding positions whicll are 110t vacant, but n.ever fewer tl1ftl1 tlrree. Eac.h member of tIle Z&PC s11all be appointed to a specific l1umbered positiol1, 11l1mbered from "1 t1 tlU~Ollg11 uS tt (plus n 6 rt atld ,. 7, rt if appointed). . (b) Qualifications. Eacll appoilltee, at tIle tilne of appoil1tlnent, must be a residellt of tIle City. A l11ember WI10 ceases to be a resid.ent of tIle City shall be deemed to l1ave resigned and Inay be replaced at allY til11e tllereafter, but s11all C011tinue to serve Ulltil the successor is appoil1ted al1d. qu.alified~ (c) Terms. Each positiol111as successive terlTIS of office, witll eacll term beginnillg 011 September 1 of eacll od.d.-llumbered calendar year and extending tlnollgll Allgllst 31 of tIle 11ext followil1g odd- l1umbered calelld.ar year. Eacll1ueluber appointed s11all serve for tIle specific terl11, or tIle lluex:pired POrtiOll tllereof, of tIle specific position to w11icll tIle lllember is appoil1ted. Members sllall also serve after the expiration of a term of office until a successor is appoillted and. qu.alified. (d) Appointn'lents, Vacancies. Appointments for upcomillg terms may be made 110 SOOller tllan sixty days prior to tIle beginning of tile term. Iil the event of d.eatll, resignation, removal from office or allY otller vacancy, a successor sllall be appointed. to serve the remail1ing unexpired portioll of tIle specific terlll of office of tIle vacant positio.n. ( e) Ren1oval. TIle City Council may renl0ve a mel11ber for cause 011 a writtel1 cllarge after a public l1earillg. (1) Officers. TIle City COllilCil may provide for appointments of TIle Z&PC sllall 8clect a presidiIlg officer, a vice presiding officer aIld a secretary [raIll among its l11elubers." and Inav allow OIle or more SU.Cll officers to be selected by tIle Z&PC. (g) No Con1pensation. TIle melnbers of tIle Z&PC sllall receive 110 cOlnpensatiol1 for tlleir services. Tllis s11alll1ot prohibit reimbursemellt for actu.al atld reasona.ble expenses incurred by alltllority of the city lnanager or tIle City CounciL Section 15-102~ Zoning Board of Adjustment~ (a) Number, Quorunt. TIle ZBA sllallllave tIle nlunber of members prescribed by tIle C11arter~ A quorulll is four. Each Inel11ber of tIle ZBA sIlall be appoil1ted to a specific 11l11nbered positioll., lllunbered. as follows: regular positions 11l1mbered froIn HI H tlTIOllgll u 5" and alterllate positions l1umbered from "AI H tllfOU.glll1A4.u (b) Qualifications. Eacll appoilltee, at tIle tilue of appoilltlnent, lTIllst be a residel1t of tIle City. A melnber WI10 ceases to be a resident of tIle City sllall be deemed to l1ave resigl1ed and Inay be replaced at allY tilne tllereafter, but s]lall contilllle to serve until tIle Sllccessor is appointed al1d. qllalified. (c) Tern1S~ Eacll position llas sllccessive terms of office!l witll eacll term begiluling 011 Septel11ber 1 of eacl1 od.d-llllmbered calendar year al1d extellding throug.h AUgllst 31 of tIle l1ext followillg odd- I1umbered calendar year. Eacll l11ember appoil1ted sllall serve for tIle specific terlu, or tIle UIlexpired POrtiOl1 t11ereof, of tIle specific positiol1 to Wllicl1 tIle l11elnber is appoil1ted. Meln.bers sllall also serve after tile expiration of a terln of office until a successor is appointed and qllalified. (d) Appointnlents~ Vacancies. Appoil1tlnents for upcoming terms Inay be Inade 110 S0011er t11an sixty d.ays prior to tIle beginning of tIle term. 111 tIle evel1t of cleatll, resignation, rell10val from office or any otller vacancy, a successor sllall be appoiI1ted to serve tIle relnailling ullexpired portioll of tIle specific tern1 of office of the "vacant position. (e) Ren1oval. TIle City Council may remove a member as provided. ill applicable state law. (f) Officers. TIle City Council may provide for appoil1tments of tIle presidillg officer and tIle vice presiding officer~ and Inav allow one or botll such officers to be selected by tIle ZBA. TIle ZB.L^~ sllall select a prcsidil1g officer (\Vll0 TIle presidillg officer~ aJld tIle vice presidil1g officer while serving ill place of tIle presidil1g officer'\ sllaIlllave tIle autllority of tIle rr cllairlnan. H) al1d a "(/icc presiding officer fIoIn amol1g its nlc.mbcr~. (g) No Con1pensation. TIle luembers of the ZBA sllall receive no conlpensatiol1 for tlleir services. T11is sllalI not prollibit reilnbursement for actlla1 al1d reasonable expenses il1curred by allt110rity of tIle city mmlager or tIle City Council. (11) Office. TIle office of tIle ZBA sI1all be at tJle office of tIle bllildil1g official. 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.~OO p.m. on October 8, 2003. The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on October 13, 2003, 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: Officers~ Article 15 of the Zoning Ordinance now provides that the Zoning & Planning Commission C~Z&PC") and the Zoning Board of Adjustment ("ZBA") select their own officers, including the presiding officers. The proposed amendment would change Article 15 to say: (1) the City Council may provide for the appointment of officers, and (2) the Council may allow the Z&PC and the ZBA to select their officers. Additional details on the proposal as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, 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. 1st Kay Holloway! City Secretary Date: