HomeMy WebLinkAboutOrd 1582 - re-initiating a review of zoning
~en~ oy: Cole & Dougnerty 713-880-1417
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ORDINANCE No. 1582
AN ORDINANCE RE-INITIA TING A REVIEW OF THE
ZONING REGULATIONS APPLICABLE TO THE
WESLA Y AN TOWNHOUSE P.D.D. (PDD-TH4); REFERRING
THE l\'IA TTER TO THE ZONING & PLANNING
COMMISSION; PROVIDING FOR A TEMPORARY
LIMITATION ON CERTAIN PERMITS; CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council believes that the basic intent of the Weslayan
Townhouse Planned Development District (PDD-TH4) is to foster a unified and
coordinated development; and
WHEREAS, the City Council is concemed that piecemeal development of
PDD- TH4 could frustrate the intent of the District, and might create the very
problems the District was desif:,'lled to prevent; and
WHEREAS" the City Council believes that a review of the regulations
applicable in PDD- TH4 is necessary to detennine ifpiecemeaJ or uncoordinated
development is possible, and" if so, whether the reh'ltlations should be amended;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. The City Council hereby re-initiates a review of the zoning
regulations applicable within PDD- TH4 and fonnally refers this matter to the
Zoning & Planning Commission. The City COlUlciJrespectfully requests that the
Z&PC report back to the City Council no later than March 23, 1997. The City
COlmcil requests that the report include:
(I) an analysis of whether piecemeal or uncoordinated development of
PDD- TH4 is possible under existing regulations, and
(2) recommendations for changes to the regulations in PDD-TH4, if
appropriate, and
(3) recommendations as to the applicability of '<'garden-style~' single-family
detached regulations similar to those recently proposed for the Bellaire
~ent oy: GOle & Dougnerty 713-680-141'
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Boulevard Townhouse POD. .
Section 2. Pending the outcome of this proceeding, a limitation of piecemeal
development shaH be in effect within PDD-TH4. No pennit shall be issued for any
new construction or remodeling for a building site smaller than one acre. This
limitation does not apply to the following:
(I.> Site clearing or grading, or street or utility construction.
(2) Permits for development of a building site that is part of a replat
of five or more separate but contiguous lots, which reptat is
approved and recorded after the date of this ordinance.
(3) Pennits for a single-family (detached) dwelling constructed in
accordance with paragraph (a)(3) of Schedule PDD-TH4, if the
building official determines that the dwelling will not adversely
affect a coordinated and unified development of the remainder of
PDD-TH4.
(4) Permits issued in response to completed applications for building
permits (including all fees) physically filed before the adoption
of this ordinance.
This limitation expires automatically on the earlier of the following: (i) the 951h day
following adoption of this ordinance, (ii) the effective date of an ordinance
amending Schedule PDD- TH4.
Section 3. All ordinances and parts of ordinances in conflict herewith are
hereby repealed to the extent of the conflict only.
Section 4. 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
person's or circumstances, shall be affected thereby.
Section 5. The City Council ofllcially 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
mamler 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 COWlci) ratifies, approves and
confinns such notices and the contents and posting thereof.
Sertt by: Cole & Dougherty 713-880-1417
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Section 6. The public importance of this measure and the requirements of the
law create an emergency and an urgent public necessity requiring that this
Ordinance be passed and take effect as an emergency measure~ and a state of
emergency is hereby declared. This Ordinance is accordingly passed as an
emergency measure and shall take effect immediately upon adoption and signature
as required by the City Charter.
PASSED AND APPROVED 011 ~<,~,~_ x.. , ' 1998.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Mayor
Attest:
(Seal)
~~b~ _
-~elary t7
R~
City Attomey
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