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Home My WebLink AboutOrd 1503 - proposal to extend "grace period" ; sec 12-102c zoning ORDINANCE NO. 1503 AN ORDINANCE CALLING A PUBLIC HEARING ON A PROPOSAL TO EXTEND THE "GRACE PERIOD" ALLOWED BY SECTION 12-102(c) OF THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS BY AMENDING SAID SECTION; PROVIDING FOR NOTICE; CONTAINING FINDINGS AND 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 extend the "grace period" allowed by Section 12-102(c) of the Zoning Ordinance of the City (as last amended and readopted by Ordinance No. 1493, adopted December 19, 1994) by amending said section, which report is attached hereto as Exhibit "A" and made a part hereof 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 Council Chamber of the Municipal Building, 3800 University Blvd., Houston, Texas 77005 during the City Council meeting set to begin at 7:30 p.m. on May 8, 1995. The hearing may be recessed and continued to the City Council meeting set to begin 7:30 p.m. on May 22, 1995, 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 ZP &C, 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 ZP&C for its consideration. ~ II I Section 4, The Ci:y Secretary shall gi...'e 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 hereto and incorporated herein by this reference. The notice shall be published in the Houston Chronicle at least once on or before the tenth day preceding the date of the hearing. The notice shall also be posted at five public places in the City, one I of which must be the place used for posting notices of City Council meetings. The I notices shall be posted on or before the tenth day preceding the date of the hearing. Section 5. The City staff is authorized to make all necessary arrangements for said hearing and to assist the Zoning and Planning Commission and the City Council in connection therewith. 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 declare.s 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 matter required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to tl:.c 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 proposed amendments are 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. PASSED AND APPROVED on first and final reading, this 24th day of Avril, 1995. Voting Aye: Voting Nay: Absent: ~~ Bill Watson Mayor ~ ATTEST: Kay ynn Holloway City Secretary James Dougherty, Jr. City Attorney (SEAL) I II -..- APR-21-'95 12:02 1D: TEL NO:7138801417 +t0EA P04 Exhibit A --' Zoning & Planning Commission City Of West University Place. Tens 3800 University Boulevl.d Houston, Texas 77005 . , April 20, 1994 Honorable Mayer , Members at the City Counc11 . C1ty of West University Place 3800 University Boulevard Houston, Texas 77005 Subject: prel1minary report on proposal to Qxtend the "grace period" under Sect1<m 12-102 (c) of the zoning ordinance ot the City of West IT:11versity Place, Texas ("City.) To the Honorable Mayor, Members of City Council: The Planning & Zoning Commission of the City submits this, its preliminary report on the $ubject proposal, tor the aa!iseane~ of thQ C~un~ll O~ w~ll 4~ olhv~ interested persons. Scoo~ of PrD~o~~l. The proposal is to amend Section 12- l02(c} by adding the fOllowing at the end ot Sub-paragraph (2): In case of non-compliance with sid4 yard ;eequlation, based on 10\ of the building .i~. width as Btate4 in ~\e ~Yard,N table 'dopted in Oecember 1994: (A) tn. time ,t~~e~iro the entire buildin9 51 te is ex~ended throuqh n\.~ g( ~~~l~t and (8) the ti=e to tile applicationa tor pemi'ii"fs extended through sePt.mber~9S. L. " t{.ffrry This will extend the ~qrace periodw during which appli can file permit applications for principal bul:.dinq3 using the prior side yard regulations. The extension peri<ld will allow time for the Commisslon and the C1 Ly Couu~.i.l to <:"n':I.t.c:1er tAe aide y~rd regulations in conjunction with some of thf: Udensity. issues previously scheduled to be considered dur1r.q the sumner. These issues include yards, open area, pervious ,rea, etc. ~~li.m~al;"~ p"p.c.wllmpnd~ttw). Based on the l1rnited review qiven this matter 50 far, and subject to further review tollowing public hearing, the Commission: (1) 'finds that the proposed extension, if adopted, would be in the public interest, (ii) makes a preliminary recommendation favorable to the extension, and (iii) recommends that the City Council :a11 a joint public -- APR-21-'95 12:03 ID: TEL NO:7138801417 ;1064 P05 hearing to consider this matter. The COIll.nission invites all interested persons to participate in the joint public hearing. Th~ VQt~. The following members of the Commission approve prelinl.1~ry report: CommisSioners .....~J~ ~'I&!:i w.tl,t" ()J..12..-1t1v ~A/.d,(4'$ S all voted "Ayut n Ith C is.sIOriers tlV7"! votinq "No, Of this RespectfuU.'I submitted: PLANNING & :~ONING COMMISSION WEST UNIVE~~nTY PLACE, TEXAS By: ~J _.~ ~::o ssi bUlpC.'LIl, $4 -- H~k-21-'~~ 12:~4 IV: II::.L NU: '(1,5t!tM141'( ..~b4 t-'~b Exhibit B NOTICE OF ZONING HE/JUNO The Zoning & Planning Cotrunission 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 Blvd., Houston, Texas 77005 during the City Council meeting set to begin at 7:30 PM on May 8, 1995. The h~aring may be recessed and continued to the City Council meeting set to begin at 7:30 PM on May 22, 1995, at the same place. The purpose for the hearing is to provide 31\ opportunity for parties in interest and citizens to be heard in relation to a proposal to amend Section 12-102(c) of the City's Zoning Ordinance by adding the following at the end of mb-paragraph (2): "In case of non-compliance with side yard regulations based on lO~) 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 pennits is extended through September 29, 1995." This would extend the "grace period" during which applicants can file pennit applications for principal buildings using..the prior side yard regulations. Additional details on the proposal as well as the Zoning Ordinance are all available for public inspection in the Municipal Bliding, 3800 University Blvd., Houston, Texas 77005. The proposed amendment would be generally applicable within the City, and any person interested in such matters should attend the hearings. The proposed amendment may be adopted only after notice and hearing, and it would control over any inconsistent provision in the cWTent Zoning Ordinance. --