HomeMy WebLinkAboutOrd 1506 - extending "grace period" 12-102c zoning
ORDINANCE NlItvIl3ER 1506
AN ORDINANCE EXTENDING THE "GRACE PERIOD" ALLOWED BY SECTION
I 12-102(c) OF THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS BY AMENDING SAID SECTION; AND CONTAINING FINDINGS
I i AND PROVISIONS RELATING TO THE SUBJECT.
II WHEREAS, the City Council and the Zoning & P!clnning Commission ("Z&PC")
: of the City of West University Place, Texas ("City") have held ajoint public hearing on a
I proposal to extend the "grace period" allowed by Section 12-1 02( c) of the Zoning
II Ordinance of the Cit~: as l~st ame?ded a:,ld readopted. by O~dinan~e No. 1493, adop~ed
December 19, 1994 ( Zomng Ordmance), by amendmg smd sectIOn 12-1 02( c), whIch
i proposal was reported on preliminarily by the Z&PC;
WHEREAS, City staff has reported on the notices given for the hearing, and the
City Council is satisfied with the content of the notices and the manner in which notices
were given; and the City Council finds and determines that, at the hearing, all property
owners, citizens and interested persons desiring to be heard were afforded an opportunity
to be heard;
WHEREAS, the Z&PC has made a final report to the City Council with respect to
such proposal, which report is attached hereto as Exhibit "A" and made a part hereof by
reference; and
WHEREAS, the City Council has considered the report of the Z&PC and is of the
I opinion that the proposed amendment should be adopted, as more fully set out herein;
II
I NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS:
I Section 1. That Section 12-1 02( c) of the Zoning Ordinance is hereby
I amended by adding, at the end of sub-paragraph (2) of said section, the following:
Ii
In case of non-compliance with side yard regulations based all
10% of the building site widtlt as stated in the "Yards" table
adopted in December 1994: (A) the time to acquire the entire
building site is exteuded through Jl1ay 31, 1995, and (B) the time
to file applications for permits is extended thiO:lglz Septemher 29,
1995.
Section 2. All ()rctjna'lc:~s :md pal ts of ordinances in conilict hC'rewith are
hereby repealed to the extent oi'the contEe! only.
Section 3 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,
II sentence, paragraph, section or other part of this ordinance to any other persons or
circumstances, shall be affected thereby,
II
I
I Section 4. The City Council finds, determines and declares that a sufficient
I 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 Texas
I Open Meetings Act, as amended, and that each such meeting has been open to the public
I as required by law at all times during such discussion, consideration and action. The City
I Council ratifies, approves and confirms such notices and the contents and posting thereof
' The City Council officially finds. determines and declares that sufficient notices of the
joint public hearing were given, and the City Council ratifies, approves and confirms such
notices, including the contents and the method in which they were given.
Section 5. This ordinance shall become effective on the tenth day following
its publication, as provided in the City Charter.
PASSED AND APPROVED ON FIRST READING, this ~ay of ~ ' 1995.
Voting Aye:
Voting Nay:
Absent:
...,/ / A/
PASSED AND APPROVED ON SECOND READING, this # day of ~
I 1995.
I
II
II
'I
!
Voting Aye:
Voting Nay:
Absent:
ATTEST:
It~/ ~
I " /?
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K 1 nn Holloway 7
City Secretary
(SEAL)
~~
Bill Watson
~:1
::J~V DA
James Dougherty, Jr.
City Attorney
() rvtG
Zoning & Planning Commission
City Of West University Place, Texas
3800 University Boulevard
Houston, Texas 77005
May 8, 1995
Honorable Mayor &
Members of the City Council
City of West University Place
3800 University Boulevard
Houston, Texas 77005
Subject: Final report on proposal to extend the "grace
period" under Section l2-l02(c) of the zoning
ordinance of the City of West University Place,
Texas ("City")
To the Honorable Mayor & Members of City Council:
The Zoning & Planning Commission ("Commission") of the City
submits this, its final report on the subject proposal, for the
assistance of the Council as well as other interested persons.
Scooe of Prooosal. The proposal is to amend Section 12-
102(c) of the City's Zoning Ordinance (as last amended by
Ordinance No. 1493, adopted December 19, 1994) by adding the
following at the end of sub-paragraph (2) of Section l2-l02(c)
In case of non-compliance with side yard regulations based on 10%
of the building site width as stated in 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.
This will extend the "grace period" during which applicants can
file permit applications for principal buildings using the prior
side yard regulations. The extension period will allow time for
the Commission and the City Council to consider the side yard
regulations in conjunction with some of the "density" issues
previously scheduled to be considered during the summer. These
issues include yards, open area, pervious area, etc.
Scooe of Information Reviewed. Initially, the Commission
considered the proposed amendment in concept, focusing on its
effect upon plans that are already started. The Commission then
supplied the specific dates in the proposal (May 31 and September
29, 1995) and recommended the amendment preliminarily, by vote
taken at its meeting of April 20, 1995. At the joint public
hearing on this matter held this date, the Commission received
evidence. Approximately ~ persons attended the public
hearings, and there were &bout be oral statements and lWQ
written statements submitted. The Commission has reviewed the
City's Comprehensive Plan as well as the Zoning Ordinance and the
Zoning District Map (which is not proposed to be changed) .
Findinas And Recommendation. The Commission: (i) finds that
the proposed amendment would be consistent with the Comprehensive
Plan and in the public interest, (ii) finds that the proposed
amendment reasonably addresses circumstances which have arisen
since the last comprehensive revision of the ordinance, (iii)
makes its final recommendation in favor of the proposed
amendment, and (iv) recommends that the City Council adopt the
amendment.
prove
sloners
(none)
Respectfully submitted:
PLANNING & ZONING COMMISSION
WEST UNIVERSITY PLACE, TEXAS
M~
By:
For the Commission
b20:preliml.54