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HomeMy WebLinkAboutOrd 1604 - joint public hearing / amend zoning iC ~. ORDINANCE NO. 1604 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON REVISED PROPOSALS TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS RELATING TO TOWNHOUSES AND HIGHER DENSITY RESIDENTIAL USES (ATTACHED DWELLINGS); PRESCRIBING PROCEDURES AND NOTICES; PROVIDING THAT THIS ORDINANCE SHALL REPEAL AND REPLACE ORDINANCE NO. 1602, ADOPTED SEPTEMBER 28, 1998, INCLUDING THE TEMPORARY LIMITATION ON THE ISSUANCE OF BUILDING PERMITS; 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, TEXAS: 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 Senior Wing of the Community Building, 6104 Auden, West University Place, Texas 77005 during the City Council meeting set to begin at 7:30 p.m. on November 23, 1998. The hearing may be recessed and continued to the City Council meeting set to begin at 7:30 p.m. on December 7,1998 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. Pending decision on this matter, no building permit may be issued for a project that does not comply with both the pre-existing ordinances of the City and Proposal A, as described in Exhibit A. This is a temporary limitation that expires after 107 days. It does not apply to building permits previously issued or work that may be in progress under those permits. (Note: The pervious pavement provisions would not create exceptions to the general rule requiring reinforced concrete, etc. until final adoption.) 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 1 by theZ&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 Council shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit 8, which is attached and made a partofthis ordinance by reference. The notice shall be published in the City's official newspaper at least once on or before the fifteenth day preceding the date of the hearing. In addition, the notice shall be posted at five public places in the City, one of which must be the place used for posting notices of City Council meetings. The notices shall be posted on or before the tenth day preceding the date of the hearing. 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. This ordinance shall repeal and take the place of Ordinance No. 1602, adopted September 28, 1998, relating to this same subject. 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. Section8 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. 2 .;;:; ~~YOf ~ ,19.@ PASSED AND APPROVED this Voting Aye: Voting Nay: Absent: _ A TTESl: (Seal) ~ Reviewe\111 ~ ) ~\J\r' )/ \ - c_ _ ~ ........ r:-- Mayor , City Attorney 3 . I. In:7.l b43:\540yard c I. .., J ~. - ----,-.-.,---,-----,-------,---,--------,."---~-",.."c'!=.,.~.:r 1_ '- Exhibit B NOTICE OF ZONING 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 Senior Wing of the Community Building, 6104 Auden Street, West University Place, Texas 77005 during the City Council meeting set to begin at 7:30 p.m. on November 23, 1998. The hearing may be recessed and continued to the City Council meeting set to begin at 7:30 p.m. on December 7, 1998 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 proposals to amend the City's Zoning Ordinance, as follows: (1) Applicability. These regulations would apply to all residential uses in the City, except single-family (detached). (2) Pervious Area. In Table 7-3, Increase the "Pervious Area, Front yard, minimum percentage" for TH, GR-1 and GR-2 to 70% (change from N/A or 40%; applicable to front yards adjacent to street areas, other thafl alleys). Allow up to 30% of any pervious pavement to count as pervious area, as an exception to the general rule requiring reinforced concrete, curbs and drains. (3) Parking Spaces. In Article 10, prohibit parking spaces within 10 feet of any street area (except alleys). (4) Definitions. Define "pervious pavement" to include both: (1) specially- manufactured pavement blocks or grids that have holes filled with pervious material, and (2) stones, bricks or pavers laid with intervening gaps filled with pervious materials. Pervious pavement could count as pervious area only to the extent specifically allowed by the ordinance. When allowed, only the holes or gaps that are actually pervious would count as pervious area. If pervious pavement lies atop an impervious base, none of it would count as pervious area. Define "alley" to include any street area that is no more than 23 feet wide. (5) Effective Date: A temporary limitation on building permits that incorporates these proposals is now in effect. Passage of a final amendment adopting the proposals could make the temporary limitation permanent. Additional information as well as the Zoning Ordinance are all available for public inspection in the City Secretary's Office, Temporary Municipal Building, 3813 Amherst Street, West University Place, Texas 77005. The proposed amendments would be generally applicable within the affected districts and in other districts where single- family (attached) use is allowed (see, e.g., PDD-TH1, PDD-TH2, PDD-TH5, PDD-TH6 and PDD-TH7 Districts), and any person interested in such matters should attend the hearing. The proposals may be adopted only after notice and hearing, and they would control over any inconsistent provision in the current Zoning Ordinance. r- -- 1"-;r,;, il'l" ',;r", .,'..1,'....