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HomeMy WebLinkAboutOrd 1621 - joint public hearing on proposal to amend zoning Thursday, June 24, 1999 11 :43 AM To: Kay Holloway From: James Dougherty Page: 1 of 5 " ORDINANCE NO. 1621 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING ENCROACHMENTS INTO YARDS; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ("Z&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 readopted by Ordinance No. 1493, adopted December 19, 1994 ("Zoning Ordinance"), which report is attached 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. The hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas n005 during the City Council meeting set to begin at 7:30 p.m. on August 9, 1999. The hearing may be recessed and continued to the City Council meeting set to begin at 7:30 p.m. on August 23, 1999 at the same place. 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 setout 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 Council shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in a newspaper of general circulation in the City at least once on or before the 16th day preceding the date of the hearing. In ad~ition, the notice shall be mailed to the recipients of the August 1 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 a 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. .. ,".1" ,c--?, hursa-ay, June <::4, HISS 11 :43 AM To: Kay Holloway From: James Dougherty Page: 2 of 5 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, determines 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 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.finallyat this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. .At. PASSED AND APPROVED on first reading, this,;J8 day of L P' ,19?? Voting Aye: Voting Nay: Absent: ~J~:xJ Mayor ATTEST: (Seal) ?V~ Ci ecretary ~ City Attorney .. .'.' .....--- 1[,. i r -----------,- -oo'~nf~f~f~~-o- Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 June 10, 1999 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on revised proposals to amend the zoning ordinance of the City of West University Place, Texas (~City') to provide for certain encroachments into yards. To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its preliminary report, on the subject proposals, for the assistance of the Council as well as other interested persons. Scope of Proposal. The proposals are to amend the Zoning Ordinance to allow prior non-conforming (~PNCn) status for certain encroachments into yards. For trivial encroachments, only a certificate signed by the building official would be required. For non-trivial encroachments, approval of the ZBA would be required. See the attached text of the amendment. The Commission believes that this measure would be very useful for encouraging the preservation and renovation of existing structures. It would also help to maintain the value of some existing structures. Preliminary Recommendation. Based on the review given this matter so far, and subject to further review following public hearing, the Commission: (i) finds that the proposed amendment, if adopted, would be in the public interest, (ii) makes a preliminary recommendation favorable to the amendment, and (iii) 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 Commissioners all voted ~Aye", with Voting ~ No" . Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: d~ ~ AatA-- For the Commission b47:\S4repor.enc f PROPOSED AMENDMENT TO PROVIDE FOR CERTAIN "ENCROACHMENTS" INTO YARDS Amend Section 12-102 of the Zoning Ordinance asfollows: Section 12-102. Acquiring PNC status. (a) General Rule. An item (defined below) acquires PNC status if: (i) the item was constructed or established in conformance with the zoning ordinance (as applicable at the time); and (ii) after construction or establishment, the item became non-conforming solely because the zoning ordinance was adopted or amended. The item acquires PNC status on the effective date of the ordinance making it non-conforming. Items which can acquire PNC status are: (1) A separately-existing building site. (2) A structure. (3) Some aspect, use or part of such a building site or structure. (b ) Work under construction. For purposes of acquiring PNC status, any structure for which all necessary City construction permits have been applied for (by filing complete and effective plans, specifications, applications and all other required items, including fees) prior to a given effective date shall be treated the same as a structure constructed before the effective date, but only if: (i) the applications are eventually granted, and the permits are actually issued (before or after the effective date), and (ll) the structure is completed substantially in accordance with the same plans and specifications filed initially to obtain the permits, within the time allowed by those permits, including any extensions lawfully granted. The ZBA may grant a special exception to allow a partially-completed building to be treated the same as a building constructed before the effective date, but only if all of the building's significant structural elements, including the roof and all load-bearing members, were completed as of the effective date and the building is fully completed within five years thereafter. (c) Other committed work. For purposes of acquiring PNC status, any principal building constructed new or substantially remodeled after a given effective date shall be treated the same as a structure constructed before that effective date, if all of the following criteria are present: (1) Prior site acquisition. The person initially claiming PNC for the building ("applicant") must have acquired fee simple title to the entire building site for the building on or before the ninetieth day preceding the effective date in question. .. (2) Diligent progress to completion. The ~pplicant must also make, or cause to be made, diligent progress toward theicompletion of the principal building. Such progress must include both of thb following steps: (i) completion of the plans and specifications and the filing (by the applicant) of cOmplete and effective applications for all neces~ary building permits incorporating such completed plans and specifications, on or before the ninetieth day following the given effective date; (ll) icompletion of the construction or re- modeling substantially in accordance with the same plans and specifications filed initially to obtain the necessary City permits, within the time allowed by those permits, including any extensions lawfully granted. In case of non -compliance with side yard regulations based on 10% of the building site width as stated in ,__h'~'.., -. < ~ .. r-". "II:. ~.l "' '.'1".[" , " the ''Yards'' table adopted in December 1994: (A) the time to acquire the entire building site is extended through May 31, 1995, and (B) the time to file applications for permits is extended through September 29, 1995 (d) Enlargement of building site and yard A structure located in a yard (or "setback" area) in apparent violation of Table 7-2 acquires PNC status if: (i) after the 1987 effective date, the building site was enlarged in compliance with City ordinances, (ii) the enlargement of the building site also expanded the yard to include the structure, (ill) the structure was built before enlargement of the site, and (iv) the structure did not violate the yard (or "setback") regulations before the enlargement. The structure acquires PNC status only for non-compliance with Table 7-2. (e) Certain vard encroachments. A structure located in a yard (pr "setback" arf"~) in apparent violation of Table 7-2 acquires PNC status if either ofthe.foJ1owing- occlIrs ill The buildini official certifies that the en~rna~hment UllHI $Iprllrpntly inadvertent and trivial. "Trivial" means either- (i) prniedinv siy jn~he~ or less. or (ii) protecting no more than ten percent of the n~<Pth of the. }!'l'Irn in auestion and occupying no more than one percent of that yarn'~ reqniren Inlmmum area. ill The ZBA issues a special exc~ption grantinrPNr. stl'ltns The ZBA.~ only issue such a special exception ifit makes all of the following- ~pecial findings: en The encroachment was inadvertent and neither misr~resenten to the City nor hidden from City officials. Exception' This finding- is not reQuired if the encroachment ('.ommen~en hefore 1070 fii) Thp encroachment win not calIse a snhstsmtil'lll'1nverse effe~t on other rer90n9 (in) The encroachment does not create a si~ificant health or safety risk... Notes: Subsection (e) was rearranged to emphasize the two separate alternatives. Also, the "before 1970" amendment was added in lieu of the 40-years test. r r -.. . it,'., ,I '--"~'nl'---l- hursday, June 24, 1999 11 :43 AM To: Kay Holloway From: J~mes Dougherty Page: 5 of 5 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 7:30 p.m. on August 9, 1999. The hearing may be recessed and continued to the City Council meeting set to begin at 7:30 p.m. on August 23, 1999, 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: An amendment to Section 12-102 to allow prior non-conforming ("PNC') status for some encroachments into yards (or "setbacks') that might otherwise violate the ordinance. PNCstatus could be granted if: the buDding official certifies that an encroachment was apparently inadvertent and trivial. PNC status could also be granted if the Zoning Board of Adjustment issues a special exception, after making specific, required findings. 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 amendments 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 theCiJrrent Zoning. r ~ r--' . If,' " ", r,r- ,. .