HomeMy WebLinkAboutOrd 1553 - public hearing / amend zoning
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ORDINANCE NO. li53
AN ORDINANCE CALLING A PUBLIC HEARING ON A PROPOSAL TO
AMEND THE ZONING ORDINANCE OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS TO ALLOW PRIOR NON-CONFORMING
STATUS FOR CERT AlN STRUCTURES ON ENLARGED BUILDING SITES.
,
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 e'Zoning Ordinance"). which report is attached as Exhibit A
and made a part of this ordinance by reference; and
WHEREAS, the City COllnciJ desires to call a joint public hearing on such proposal;
NOW, THEREFORE, BE IT ORDAINED llY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
Section J _ 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, Houston, Texas 77005 during the City
Council meeting set to begin at 7:30 p.m. on March 24, 1997 The hearing may be recessed and
continued to theCity Council meeting set to begin at 7:30 p.m. on April 14, 1997.
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: (I) 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 Council shalt 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 the City's official newspaper
at least once on or before tbe fifth day preceding the date of the hearing. The notice shan also be
posted at five pubJic places inthe 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.
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Sent by: Cole & Dougherty 713-880-1417
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Job 492
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Section S. The City staff is authorized to make aU 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, paragrap~ 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 bas been open to the public as
required by law at all times during such discussion, consideration and action. The City Council
ratifies, approves and confinns 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 tinally on first reading and. shall become effective immediately upon adoption and
signature.
PASSED AND APPROVED on fust reading, this /tI~ay of ~~ . 191'7
Voting Aye:
Voting Nay:
Absent:
~~
-
Bill Watson, Mayor
ATTEST:
(Seal)
~~,
Rewe~
C~ttonwy ,~
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Exhibit A
Zoning &. Planning Commission
City of We$t University Place, Texas
3800 University Boulevard
Houston, Texas 77005
March 6~1997
Honorable Mayor &
Members of the City Council
City of West University Place
3808 University Boulevard
Hou&on, Texas 77005
, Subject:
Preliminary report on a proposal to amend the zoning ordinance
of the City of West University Place, Texas C~Cjty') to allow
prior non-confonning status for certain structures on enlarged
building sites
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 wen as other
interested persons.
Scope of Proposal The purpose of the proposal is to allow prior non-
conforming r~PNC") status for certain structures on enlarged building sites. This
issue arose on February 11, 1997 when the Z&PC considered a proposal to replat
three lots into two. Both of the surviving lots would be enlarged. Under the Zoning
Ordinance, the sizes of the yards (or "setbacks") are often detennined by the size of
the building site. So~ when a building site is enlarged, the yards may also expand.
In the February replatting case~ the yards on both surviving lots would
expand. On one lot, the front yard depth would expand from 20 feet to 30 feet. As
it happens, there is a house on that lot, and the house is set back about 20 feet.
Expanding the front yard depth to 30 feet would put the house in violation of the
Zoning Ordinance.
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The Z&PC does not believe this is a good result. because it would discourage.
the enlargement of building sites. The proposed amendment would avoid this
problem by granting PNC status to structures that mjght be caught by an expanded
yard caused by enlargement of a building site. The amendment would add a new
subsection (d) to 12-102 of the Zoning Ordinance, as follows:
(d) Ai1largemcml of huilding #Ie and yard. A sttuot"f8 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 ordinanccs, (ii)
the enlargement of the building site also e"panded the yard to include the structure. (iii)
the structure was built before enlargement of the site. aJld (iv) the sttUcture did not violate
the yard (or "setback"} regulations before the enlargement. The structure acquires PNC
status only for non-compliance with Table 1-2.
Prelimina(y R~endati(1). Based on the limited review given this matter
SO far. and subject to further review following public hearing, the Commission: (i)
finds that the proposed amendment" if adopted, wQuld be in the public interest, (ii)
makes a preliminary recommendation favorable to.the amendment, and (iii) .
recommends that the City COlUleil call a jOint public hearing to consider this matter.
The Commission invites all interested persons to participate in the joint public
hearing.
Th~ Vote. The following members of the Commission voted to approve this
preliminary r~pQrt: Commissioners Musher, Starich, Albin, Cass-Shively and Ross.
None opposed.
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By:
1tdJ .f....r-
For the Commission
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Exhibit B
NOTICE OF ZONJNG HEARING
The Zoning & Planning Commission and the City Council of the City of West
University Place, Texas ("Citf') will hold a joint public hearing in the Council
Chamber of the MWlicipal Building, 3800 University Boulevard, Houston, Texas
77005 during the City Council meeting set to begin at 7:30 p.m. on March 24, 1997.
The hearing may be recessed and continued to the City Council meeting set to begin
at 7:30 p.m. on April 14, 1997, at the same place. The purpose for tile 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. The purpose would be to allow
prior non-conforming ("PNC") status for certain structures when a building site is
enlarged. A building site might be enlarged, for example, by replatting. The
proposal would add a new subsection (d) to Section 12-102 of the Zoning
Ordinance, as follows:
(d) t,'n/argemenl o/building site andyard 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, (iii)
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.
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 amendment would be generally applicable
within the City, and any person interested in such matters should attend the
hearings. Each proposal may be adopted only after notice and hearing, and it would
control over any inconsistent provision in the current Zoning Ordinance.
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