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HomeMy WebLinkAboutOrd 1742 - amend zoning ; regarding temporary corner site access Ordinance No. 1743 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONI"NG ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING TEMPORARY CORNER SITE ACCESS; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS1 the Zoning and Planning Commission (UZ&PC") of the City of West University Place, Texas C~CityU) 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 WHEREAS, the Z&PC's 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 Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p~m. on Julv 28, 2003. The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on August 11, 2003 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 shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit 8f 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 a regular edition of 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 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 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 discussedf 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 AND ADOPTED on ~ttesU ity Secretary Signed: ,L a3 o 8~~ Mayor' , , 20 03. City Attorney Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard Houston, Texas 77005 June 12, 2003 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 ("City") relating to temporary corner site access 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. 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 Proposal. 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 a 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. 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 following members of the Commission approve this . preliminary report: Commissioners 1>oh\&u&ef\ Wnrt\ockl6\-ewnnl Brownl Yehle. voted "aye,f1 VQ ed "no." (Commissioner Mll.ri NpJPnrJ not present.) Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: FO~!.;~O~ Amendment to provide for temporary access to certain corner sites on major thoroughfares 6-12-03 (Z&PC preliminary report, 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 tnay 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 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 an"y large tree (see Code of Ordinances) and must require restoration of the affected driveway area to its nre-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.