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.